City of Long Beach - File #: 13-0997

• File #: 13-0997
• Version: 2
• Name: CA - Cash for Gold Ord.
• Type: Ordinance
• Status: Adopted
• File created: 11/6/2013
• In control: City Council
• On agenda: 12/3/2013
• Final action: 12/3/2013
• Title: Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Subsection 5.64.010.C and Section 21.15.2008, and by deleting Section 21.15.2401, all relating to secondhand dealers, read and adopted as read. (Citywide)
• Sponsors: City Attorney

Date	Ver.	Action By	Action	Result
12/3/2013	2	City Council	approve recommendation and adopt	Pass
11/19/2013	1	City Council	declare ordinance read the first time and laid over to the next regular meeting of the City Council for final reading	Pass

TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Subsection 5.64.010.C and Section 21.15.2008, and by deleting Section 21.15.2401, all relating to secondhand dealers, read and adopted as read. (Citywide)

DISCUSSION
Amendments A and C, above, to the Long Beach Municipal Code (LBMC) Titles 5 (Business License) and 21 (Zoning) are required to be made due to changes in state law and threatened litigation. Amendment B is made at the direction of the City Council.

Regulations governing fortunetelling appear in LBMC Sections 5.38 and 21.15.1100. Correspondence was received by City Attorney's Office in July 2013 threatening litigation related to language that was outdated, unclear and constitutionally offensive. The proposed amendment removes the outdated and offensive language, makes the definition of "fortunetelling" in the Business License section consistent with that in the Zoning section; removes the requirement of a $250,000 bond and background check, but maintains the requirement of a City business license. It further removes the requirement of a Conditional Use Permit, and allows fortunetelling in commercial zones in the same manner as personal services.

Regulations governing secondhand dealers are contained in LBMC Sections 5.64.010C and 21.115.2401. The current definition of secondhand dealer does not capture "cash for gold" businesses. The proposed amendments to LBMC 5.64.010.C includes sales of tangible personal property, as determined by the State Attorney General, within the definition of "secondhand dealer" therefore requiring "cash for gold" businesses to record and maintain information from sellers, and thereby possibly deter criminals from attempting to sell stolen jewelry to these businesses. This definition is consistent with the California Business and Professions Code, which also requires that such businesses hold tangible personal property for thirty (30) days, identify sellers and complete similar...