§ 4-21.08. Permit.

(a)

Permit—Required. It is unlawful for any person to act as a junk dealer or recycler without first making a permit application for and receiving from the Police Department a junk dealers/recyclers permit to act as such junk dealer or recycler in the City of Modesto.

(b)

Permit—Application—Contents.

(1)

Any person desiring a permit, or to renew a permit, hereunder shall make permit application to the Police Department upon blanks furnished therefore. If the application is made by an individual, he or she shall affirm under penalty of perjury that the contents of the application are true, and the contents of the application shall include the name and age of applicant, his or her present address or addresses, and the name under which, and the place where, the applicant has conducted a similar business within twelve (12) months immediately preceding the date of the application. If the business is to be engaged in by a partnership, association or corporation, the application for a permit shall be made by the general manager thereof, or by one having the authority of a general manager. In such case, the application shall state the true name of the organization, the date of its organization, its type, the location of its principal place of business, the names and addresses of its officers, or, in the case of a co-partnership, the names and addresses of all the partners.

(2)

In accordance with California Business and Professions Code Sections 12703 and 12733, the applicant shall attach to the permit application documentation to the satisfaction of the Police Department that the applicant holds a current and active California weighmaster license. A copy of the applicant's current weighmaster license shall be displayed in a prominent location at each location where the applicant conducts business.

(3)

The applicant shall acknowledge having read Penal Code Section 496a, which shall be prominently set forth within the application in bold type.

(c)

Permit—Application—Employee Identification. The applicant, at the request of the Police Chief, shall accompany the application with photographs and fingerprints of all the individuals who are to be actually engaged in the management of the business or in buying or otherwise acquiring junk for the business for which the permit is requested. In the event any other person, after the permit has been granted, is engaged in the management of the business or in buying or otherwise acquiring such junk, the permit holder shall furnish to the Police Chief on request the photograph and fingerprints of such person. No permit shall be issued until any such demand has been complied with, and any permit that has been issued shall be suspended or revoked if the permit holder does not, within a reasonable time, comply with the provisions of this section.

(d)

Permit—Application— Investigation. Upon submission of a complete application for permit under this chapter, the application shall be immediately referred to the Police Chief, or his/her designee, and to the Parks, Recreation and Neighborhoods Director, or his/her designee, for investigation concerning the applicant's business and character of the applicant. These departments shall, after investigation, file a report upon the application designating whether or not the applicant is a proper person to be granted the permit applied for. No permit applicant shall be reported as a proper person to be granted a permit under this chapter unless and until it appears that the applicant's conduct or proposed conduct of the business does and will comply with all applicable laws and ordinances, including but not limited to those relating to the public health and to zoning. The departments shall be allowed sixty (60) days from the date of receiving a completed application within which to file the report.

(e)

Permit—Fees. The City Council may, by resolution adopted from time to time, fix a junk dealers/recyclers permit fee.

(f)

Permit—Term. The permits provided for in this section shall be issued for a period of one (1) year from the date of issuance.

(g)

Permit—Denial Appeal. In the event of the denial of an application for permit under this chapter, the applicant may, within ten (10) days after the date written notice of such adverse report is mailed, file with the City Council a notice of intention to appear before the City Council to appeal the denial of the application. Upon failure to file such notice within the ten (10) day period, the denial of the application shall be final and conclusive.

(h)

Permit—Suspension, Revocation or Conditioning of Permit. The City Council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any permit holder and may, after ten (10) days written notice to the permit holder and after a hearing before the City Council, suspend, revoke, or condition the permit of any permit holder who commits any one (1) or more of the acts or omissions constituting grounds for disciplinary action under this section. The grounds for such action shall be summarized in the notice. The notice provided for herein shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions. Pending the City Council's final decision regarding the permit, a permit holder may continue to engage in the business for the period of his or her permit.

(i)

Permit—Disciplinary Action Grounds. It shall be a ground for disciplinary action if any permit holder, his or her agent or employee, or any person connected or associated with the permit holder as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the permit holder has:

(1)

Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit, or in any report or record required to be filed; or

(2)

Violated any provision of this chapter or of any statute relating to his permitted activity; or

(3)

Been convicted of a felony or any crime involving theft, embezzlement or moral turpitude; or

(4)

Committed any act constituting dishonesty or fraud; or

(5)

Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a permitted business; or

(6)

Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a permitted business; or

(7)

Violated any rule or regulation adopted by the City Council relating to the permit holder's business; or

(8)

Conducted the permitted business in a manner contrary to the peace, health, safety, and general welfare or the public; or

(9)

Demonstrated that she or he is unfit to be trusted with the privileges granted by such permit; or

(10)

Failed to comply with the regulations of the City of Modesto.

(j)

Permit—Revocation Without Hearing Upon Conviction. If any person holding a permit under this chapter is convicted in any court of the violation of any law relative to his operation of a permitted business, the City Council may revoke the permit forthwith without any further action thereon other than giving written notice of revocation to the permit holder.

(Added by Ord. 3468-C.S., § 1, effective 1-3-08)