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Home My WebLink About6.3 Auctioneers & Secondhand Dealers c~rY Cl[ElR~ Fole # D[i][6J[Q]..~[Q] AGIE~DA STATEME~l CITY COlUl~C~l MIEET~~G DATE febl7'OJaU)f ~ 9, 2008 SUBJECf A 1'1' ACHMlENTS RlECOMMlEN][)A TION ~ F][NANC][AL STATlEMENT None ][)lESCR:n:PTD:ON PUBLIC HEARING Amendment of Dubhn MurucIpal Code Chapter 4 12 (AuctIOneers and Secondhand Dealers) Report Prepared by Eilzabeth H Sliver Czty Attorney and Stephen MUZlO Assoczate Attorney 1 Draft Ordmance Amendmg Chapter 4 12 of the Dubhn MunIcIpal Code relatmg to AuctIOneers and Secondhand Dealers Clean copy of draft ordmance 2 1 2 3 4 5 ReceIve Staff presentatIOn, Open publIc heanng, ReceIve pubhc testlmony, Close pubhc hearmg and dehberate, Waive readmg and INTRODUCE the Ordmance Amendmg Chapter 4 12 of the Dubhn MunIcIpal Code relatmg to AuctIOneers and Secondhand Dealers (Attachment 1) At Its March 22, 2006 Goals and ObJectlves meetmg, the CIty CounCIl reVIewed and approved WIth hIgh pnonty the comprehensIve update to certam chapters of the Dublm MunICIpal Code (DMC) One chapter proposed for reVIew IS DMC Chapter 4 12, wruch reqUIres that auctIOneers and secondhand dealers of Junk comply WIth the requIrements of state law and the zonmg provlSlons of the DMC and that secondhand dealers of Junk obtain a hcense from the ChIef of Pohce Staff has reVIewed the ordmance and recommends one substantlve change SectIOn 4 12 020 of the chapter currently refers to "Busmess and ProfeSSIons Code SectIOns 21600 et seq" These statutes regulate only secondhand dealers of "Junk" as defined m the statute Dublm Pohce ServIces mdIcates that thIS Chapter IS referenced when hcensmg dealers that sell Items other than Junk, mcludmg VIdeo games, Jewelry and cameras Thus, the chapter should be amended to reference Busmess and ProfeSSIOns Code DIVISIOn 8, Chapter 9, SectIOns 21500 et seq DIVlSlon 8, Chapter 9 regulates secondhand dealers of COpy TO sr Auctioneers and Secondhand Dealers DOC 1 ] 4 1015 Page 1 of2 b.~ lITEM NO C- goods more generally Tills amendment wIll ensure that dealers of goods other than ''.Junk'' comply With the prOVISIons of thIS chapter Moreover, staff recommends the follOWing mmor changes to the Chapter 1) update all references to CalIfornia statutes so that the references are to actlve and applIcable statutes, 2) capItahze the word "CIty" where necessary to ensure conSIstency WIth the rest of the MunICIpal Code, 3) mdIcate that the amount of the secondhand dealer hcense and hcense renewal fees shall be determmed by the CIty CounCIl, and 4) change the reference to the "CIty zomng code" to refer to the "zonmg prOVlSlons of the Dubhn MunICIpal Code" Dubhn Pohce ServIces has reVIewed Chapter 4 12 and concurs WIth the recommended changes RlECOMMlEN][)A T][ON Staff recommends that the CIty CouncIl 1) receIve Staff presentatIOn, 2) open pubhc hearmg, 3) receIve pubhc testlmony, 4) close pubhc heanng and dehberate, 5) Waive readmg and INTRODUCE the Ordmance Amendmg Chapter 4 12 of the Dublm MuruCIpal Code relatmg to AuctIOneers and Secondhand Dealers (Attachment 1) Page 2 of2 )O;f~ ORDINANCE NO AN ORD][NANCE OF THE C][TY OF DlIJB]L][N AMEND][NG CHAPTER 4 12 OF THE DUBLIN MUN][CH) AL CODE RELAT][NG TO AUCT][ONEERS AND SECONDHAND DEALERS The City CouncIl of the City of DublIn does hereby ordam as follows Section 1 Chapter 4 12 of the Dubhn MunICIpal Code IS revIsed as follows, With deletIOns mdIcated m strIkethrough and addItlons mdIcated m underlme 4 12 010 AuctIoneers-Comphance reqUired Anyone wIshmg to conduct the busmess of an auctIOneer WItilln the CeIty shall comply With the reqUIrements of state law (Busmess and ProfessIOnsCIvIl Code SectIOns ~ 1812 600 et seq ) and the ZOnIng prOVIsIons of the Dubhn MUnIcIPal CodecIty zonmg code 4 12 020 Secondhand dealers-Comphance reqUired A Anyone wIsrung to conduct the busmess of secondhand dealer or Junk dealer WIthm the eCIty shall comply WIth the reqUIrements of state law (Bus mess and ProfessIons Code DIVISIOn 8, Chapter 9, SectIOns 21~600 et seq) and the zonmg proVIsIOns ofthe Dubhn MunICIpal CodecIty zOnIng code Any such person wIshmg to conduct the busmess of secondhand dealer shall obtam a hcense and renewal hcense from the Cruef of Pohce m accordance WIth the provlSlons of Busmess and ProfeSSIOns Code SectIOns 21641 and 21642 B The amount of any hcense and hcense renewal fee for conductmg such busmess shall be estabhshed by resolutlon of the CIty CouncIl Section 2 SeverabIhty The provlSlons of thIS Ordmance are severable and If any proVIsIOn, clause, sentence, word or part thereof IS held Illegal, mvahd, unconstltutIOnal, or mapphcable to any person or CIrcumstances, such Illegahty, mvahdIty, unconstltutIOnahty, or mapphcabIhty shall not affect or ImpaIr any of the remainIng provlSlons, clauses, sentences, sectIOns, words or parts thereof of the ordmance or theIr apphcabIhty to other persons or CIrcumstances Section 3 Effectlve Date ThIS Ordmance shall take effect and be enforced thIrty (30) days follOWing Its adoption Section 4 Postmg The CIty Clerk of the CIty of Dublm shall cause thIS Ordmance to be posted m at least three (3) pubhc places m the CIty of Dubhn m accordance WIth Sectlon 36933 ofthe Government Code ofthe State of Cahforma PASSED, APPROVED AND ADOPTED tills _ day of ,2008 AYES r1-~1Plo'.3 &{I"tlo" ~ ATTACHMENT 1 () NOES ABSENT ABSTAIN D>~1 Janet Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm CIty Clerk .3~Lt ORDINANCE NO AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 4 12 OF THE DUBLIN MUNICIP AIL CODE RELATING TO AUCT][ONEERS AND SECONDHAND DEALERS The City Council of the City of Dublm does hereby ordam as follows SectIOn 1 Chapter 4 12 of the Dublm MUnICIpal Code IS revised as follows, wIth deletIons mdIcated m stnkethrough and addItIons mdIcated m underhne 4 12010 AuctIOneers-Compliance reqUired Anyone wlshmg to conduct the busmess of an auctIOneer wIthm the City shall comply WIth the reqUIrements of state law (CI vII Code SectIons 1812 600 et seq ) and the zOnIng proVISions of the Dubhn MUnICIpal Code 4 12 020 Secondhand dealers-Compliance reqUired A Anyone wlshmg to conduct the busmess of secondhand dealer or junk dealer wIthm the City shall comply WIth the reqUIrements of state law (Busmess and ProfeSSions Code DIVISIon 8, Chapter 9, SectIons 21500 et seq) and the zonmg prOVISIOns of the DublIn MUnICIpal Code Any such person wlshmg to conduct the busmess of secondhand dealer shall obtam a lIcense and renewal hcense from the Chief ofPohce m accordance WIth the prOVISIOns of Bus mess and ProfessIons Code SectIons 21641 and 21642 B The amount of any license and lIcense renewal fee for conductmg such busmess shall be estabhshed by resolutIon ofthe City Council SectIOn 2 Severabl lIty The prOVISIOns of thIS Ordmance are severable and If any prOVISIOn, clause, sentence, word or part thereof IS held Illegal, mvahd, unconstItutIOnal, or mapplIcable to any person or CIrcumstances, such IllegalIty, mvalIdIty, unconstItutIOnality, or mappllcablllty shall not affect or Impalf any of the remammg prOVISIOns, clauses, sentences, sectIOns, words or parts thereof of the ordmance or theIr apphcabIlIty to other persons or CIrCumstances SectIOn 3 EffectIve Date ThiS Ordmance shall take effect and be enforced thirty (30) days followmg ItS adoptIon SectIOn 4 Postmg The CIty Clerk of the City of DublIn shall cause thiS Ordmance to be posted m at least three (3) publIc places m the City of Dub 1m m accordance With SectIOn 36933 of the Government Code of the State of CalIfornia PASSED, APPROVED AND ADOPTED thIS _ day of ,2008 AYES A TT ACHMJENT 2 NOES ABSENT ABST ATN 4!f4 Janet Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm Clty Clerk