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Home My WebLink About4.13 Auctioneers & Secondhnd Dealers Muni Cd CITY CLERK File # D~~[Q]-[kJ[QJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 4, 2008 SUBJECT: Adoption of Ordinance Amending Dublin Municipal Code Chapter 4.12 (Auctioneers and Secondhand Dealers) Report Prepared by Elizabeth H. Silver, Assistant City Attorney and Stephen Muzio, Associate Attorney ATTACHMENTS: 1. Ordinance Amending Chapter 4.12 of the Dublin Municipal Code relating to Auctioneers and Secondhand Dealers. "Clean" version of Ordinance Amending Chapter 4.12 without strikethrough notations. 2. RECOMMENDATION:~ 1. Waive the reading and ADOPT the Ordinance amending Chapter 4.12 of the Dublin Municipal Code (Attachment I). FINANCIAL STATEMENT: None. DESCRIPTION: At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved with high priority the comprehensive update to certain chapters of the Dublin Municipal Code (DMC). One chapter proposed for review is DMC Chapter 4.12, which requires that auctioneers and secondhand dealers of junk comply with the requirements of state law and the zoning provisions of the DMC and that secondhand dealers of junk obtain a license from the Chief of Police. Staff has reviewed the ordinance and recommends one substantive change. Section 4.12.020 of the chapter currently refers to "Business and Professions Code Sections 21600 et seq." These statutes regulate only secondhand dealers of "junk" as defined in the statute. Dublin Police Services indicates that this Chapter is referenced when licensing dealers that sell items other than junk, including video games, jewelry and cameras. Thus, the chapter should be amended to reference Business and Professions Code Division 8, Chapter 9, Sections 21500 et seq. Division 8, Chapter 9 regulates secondhand dealers of goods more generally. This amendment will ensure that dealers of goods other than 'junk" comply with the provisions of this chapter. COPY TO: Page I of2 ITEM NO. Lf: 13 StfRpt Auctioneers and Secondhand Dealers (2); ] 14.1015 ~ Moreover, staff recommends the following minor changes to the Chapter: I) update all references to California statutes so that the references are to active and applicable statutes; 2) capitalize the word "city" where necessary to ensure consistency with the rest of the Municipal Code; 3) indicate that the amount of the secondhand dealer license and license renewal fees shall be determined by the City Council; and 4) change the reference to the "city zoning code" to refer to the "zoning provisions of the Dublin Municipal Code." Dublin Police Services has reviewed Chapter 4.12 and concurs with the recommended changes. On February 19,2008, the City Council held a public hearing regarding the proposed ordinance. Following the public hearing the City Council waived the reading and introduced the ordinance. RECOMMENDATION Staffrecommends that the City Council: I) waive the reading and ADOPT the Ordinance Amending Chapter 4.12 of the Dublin Municipal Code relating to Auctioneers and Secondhand Dealers (Attachment I). Page 2 of2 I~ t; ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 4.12 OF THE DUBLIN MUNICIPAL CODE RELATING TO AUCTIONEERS AND SECONDHAND DEALERS The City Council ofthe City of Dublin does hereby ordain as follows: Section 1. Chapter 4.12 of the Dublin Municipal Code is revised as follows, with deletions indicated in strikethrough and additions indicated in underline: 4.12.010 Auctioneers-Compliance required. Anyone wishing to conduct the business of an auctioneer within the Ceity shall comply with the requirements of state law (BllsiRess WIt! ProfessioRsCivil Code Sections ~ 1812.600 et . seq.) and the zoning provisions ofthe Dublin Municipal Codeeity z(lAing eode. 4.12.020 Secondhand dealers-Compliance required. A. Anyone wishing to conduct the business of secondhand dealer or junk dealer within the eCity shall comply with the requirements of state law (Business and Professions Code Division 8, Chapter 9, Sections 21~eOO et seq.) and the zoning provisions of the Dublin Municipal Codeeity zORing eese. Any such person wishing to conduct the business of secondhand dealer shall obtain a license and renewal license from the Chief of Police in accordance with the provisions of Business and Professions Code Sections 21641 and 21642. B. The amount of any license and license renewal fee for conducting such business shall be established by resolution of the City Council. Section 2. Severability. The provisions of this Ordinance are severable and ifany provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _ day of ,2008. AYES: :L-+€-wl-#l.f./3 314/08 ~ ATTACHMENT 1 NOES: ABSENT: ABSTAIN: d~~ Janet Lockhart, Mayor ATTEST: Carolyn Parkinson, Interim City Clerk :5 '# Jj ORDINANCE NO._ AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 4.12 OF THE DUBLIN MUNICIPAL CODE RELATING TO AUCTIONEERS AND SECONDHAND DEALERS The City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 4.12 of the Dublin Municipal Code is revised as follows, with deletions indicated in strikethrough and additions indicated in underline: 4.12.010 Auctioneers-Compliance required. Anyone wishing to conduct the business of an auctioneer within the City shall comply with the requirements of state law (Civil Code Sections 1812.600 et seq.) and the zoning provisions of the Dublin Municipal Code. 4.12.020 Secondhand dealers-Compliance required. A. Anyone wishing to conduct the business of secondhand dealer or junk dealer within the City shall comply with the requirements of state law (Business and Professions Code Division 8, Chapter 9, Sections 21500 et seq.) and the zoning provisions of the Dublin Municipal Code. Any such person wishing to conduct the business of secondhand dealer shall obtain a license and renewal license from the Chief of Police in accordance with the provisions of Business and Professions Code Sections 21641 and21642. B. The amount of any license and license renewal fee for conducting such business shall be established by resolution of the City Council. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _ day of ,2008. AYES: . ATTACHMENT 2 ~- !f1'f NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Carolyn Parkinson, Interim City Clerk