Chapter 3 - Licensure
California Financial Code — §§ 21300-21307
Sections (11)
Added by Stats. 1996, Ch. 923, Sec. 8. Effective January 1, 1997.
It is unlawful for any person who is not duly licensed under this section to act as a pawnbroker or represent himself, herself, or a business entity to be a pawnbroker or a pawnbrokerage business entity.
Amended by Stats. 2012, Ch. 172, Sec. 10. (AB 391) Effective August 17, 2012.
the police commission may charge a fee not to exceed the actual costs incurred to process the renewal application of the licensee and to collect and transmit the fee charged by the Department of Justice.
been affirmed on appeal, or an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code.
application for a pawnbroker’s license may be denied, nor may his or her pawnbroker’s license be forfeited, solely on the grounds that the applicant violated any provision contained in Chapter 1 (commencing with Section 21000) or Chapter 2 (commencing with Section 21200), or any provision contained in Article 4 (commencing with Section 21625) or Article 5 (commencing with Section 21650) of Chapter 9 of Division 8 of the Business and Professions Code, unless the violation demonstrates a pattern of conduct.
Added by Stats. 1996, Ch. 923, Sec. 10. Effective January 1, 1997.
It is unlawful for any person to advertise his or her services as a pawnbroker, or to use any words or parts of words in any advertisements that connote a transaction involving the taking of tangible personal property as security for a loan unless the pawnbroker’s license number is clearly displayed in the advertisement.
Added by Stats. 1993, Ch. 782, Sec. 4. Effective January 1, 1994.
The district attorney or the Attorney General, in the name of the people of the State of California, may bring an action to enjoin the violation or the threatened violation of any regulation made pertaining to the provisions contained in Chapter 1 (commencing with Section 21000) or Chapter 2 (commencing with Section 21200) of this division or Article 4 (commencing with Section 21625) or Article 5 (commencing with Section 21650) of Chapter 9 of Division 8 of the Business and Professions Code. Any proceeding brought hereunder shall be governed in all respects by the
provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
Added by Stats. 1993, Ch. 782, Sec. 4. Effective January 1, 1994.
property when the property is not available for redemption, due to the criminal negligence, criminal malfeasance, or other criminal conduct of the pawnbroker, and the pledgor has complied with the conditions precedent to redemption under the terms of the loan contract. The pledgor has the burden of establishing by clear and convincing evidence that all conditions precedent to redemption under the terms of the loan contract have been performed.
Added by Stats. 2024, Ch. 223, Sec. 2. (AB 2231) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.
21400) and submit to the licensing agency a certificate of completion issued by the council pursuant to Section 21409.
Amended by Stats. 1997, Ch. 17, Sec. 40. Effective January 1, 1998.
the applicant may, in lieu of posting a surety bond, deposit money, certificates, accounts, bonds, or notes, as provided in Section 995.710 of the Code of Civil Procedure. The financial statement shall be filed by the applicant under penalty of perjury and signed by a California certified public accountant verifying that he or she has reviewed the financial statement.
Added by Stats. 1993, Ch. 782, Sec. 4. Effective January 1, 1994.
A license issued pursuant to this chapter shall not be transferred or assigned.
Added by Stats. 1993, Ch. 782, Sec. 4. Effective January 1, 1994.
A pawnbroker licensed under Section 21300 is exempt from the licensing requirements under Sections 21641 and 21642 of the Business and Professions Code and may engage in any transaction involving tangible personal property for which a secondhand dealers license is required under Sections 21641 and 21642 of the Business and Professions Code. Pawnbrokers operating under this license exemption are required to conform to all other requirements of secondhand dealers for which a license is required under Sections 21641 and 21642 of the Business and Professions
Code.
Added by Stats. 1996, Ch. 923, Sec. 12. Effective January 1, 1997.
Except as otherwise specifically provided, the violation of any provision of this chapter under circumstances where a person knows or should have known that a violation was being committed is a misdemeanor.