Chapter 5.85
SECONDHAND DEALERS
Sections:
5.85.030 Reporting requirements.
5.85.040 Identification requirements.
5.85.050 Evidence of authority to sell property.
5.85.060 Retention and inspection of secondhand property.
5.85.070 Receiving secondhand property from certain persons prohibited.
5.85.080 Violations; penalties.
5.85.010 Purpose.
It is the intent of the City Council, in enacting this article, to curtail the dissemination of stolen tangible personal property and to facilitate the recovery of such stolen property.
(Code 1965, § 6600; Code 2002, § 18-321. Ord. No. 85-26)
5.85.020 Definitions.
For the purposes of this article, the following definitions shall apply:
Secondhand dealer.
(1) Any person, copartnership, firm, or corporation who, in the normal course of business, purchases or obtains, in trade or on consignment, secondhand property.
(2) Secondhand dealer does not include:
a. Any person who performs the services of an auctioneer for a fee;
b. Any business defined under state law as a pawnshop;
c. Any person or entity subject to Business and Professions Code §§ 21625--21653 relating to secondhand dealers, or to Business and Professions Code §§ 21660--21667 relating to swap meets;
d. Any business which is operated for the exclusive benefit of any corporation organized and operated for religious, educational, hospital, or charitable purposes and which obtains, by donation rather than by purchase, trade, or consignment, the secondhand property which it offers for sale.
Secondhand property. Consists of used tangible personal property limited to the following categories:
(1) Jewelry. Including but not limited to watches, earrings, rings, bracelets, necklaces, pendants, etc.
(2) Camera equipment. Including but not limited to cameras, lenses, carrying cases, etc.
(3) Sound equipment. Including but not limited to home and vehicle stereo units, citizen band and other types of radios, recorders, record turntables, speakers, equalizers, etc.
(4) Viewing equipment. Including but not limited to televisions, video player/recorders and cameras, movie projectors, etc.
(5) Tools. Including but not limited to hand and power type tools, toolboxes, etc.
(6) Weapons. Including but not limited to handguns, rifles, shotguns, etc.
(Code 1965, § 6601; Code 2002, § 18-322. Ord. No. 85-26)
Cross references: Definitions generally, § 1.05.100.
5.85.030 Reporting requirements.
(a) Every secondhand dealer shall report, in writing, to the Chief of Police or his designee, all secondhand property which has been purchased, taken in trade, or accepted for sale on consignment. Such reports shall be made on the day the property was obtained or on the next working day thereafter. The reports shall be mailed or hand-delivered to the address of the city Police Department.
(b) The reports shall be typewritten or legibly printed in ink on business receipts, stationery, or other paper which shows the name, address, and telephone number of the reporting secondhand dealer. The report shall include, but shall not be limited to, the following information:
(1) The full name, date of birth, physical description, residential address, and telephone number of the person from whom the secondhand property was obtained. A post office box shall not be acceptable as a residential address;
(2) A description of the identification presented pursuant to section 5.85.040 of this article by the person from whom the secondhand property was obtained. The description shall include, but not be limited to, the name of the issuing entity, the numbers/letters of the identification card, and the expiration date, if any, of the identification;
(3) A complete and accurate description of the secondhand property received, including but not limited to any serial and model numbers and other identifying marks or symbols;
(4) Signatures of the person from whom the property was obtained and the person receiving the property.
(c) The original purchase report will be kept by the secondhand dealer and a legible copy of such report submitted to the Chief of Police, or designee, pursuant to this section.
(d) The secondhand dealer shall keep such reports for no less than one year and, during that time, will have these reports readily available for police inspection upon request during normal business hours.
(Code 1965, § 6602; Code 2002, § 18-323. Ord. No. 85-26)
5.85.040 Identification requirements.
A secondhand dealer shall not receive any secondhand property unless the person providing such property is identified by at least one means of identification listed below:
(1) A valid California driver’s license which contains a photograph;
(2) A valid California identification card issued by the Department of Motor Vehicles which contains a photograph;
(3) A valid identification issued by a federal, state, or local government or agency which contains a photograph and physical description of the issuee. This would include, but is not limited to, an out-of-state driver’s license or military identification.
(Code 1965, § 6603; Code 2002, § 18-324. Ord. No. 85-26)
5.85.050 Evidence of authority to sell property.
A secondhand dealer shall not receive any secondhand property unless the person providing such property presents verbal or documentary evidence to the secondhand dealer from which a reasonable person would conclude that the person offering the property is the owner of it or is the owner’s agent and is authorized by the owner to offer such property. If property is obtained from the owner’s agent, the secondhand dealer shall also include the owner’s name, address, and phone number on the report required by section 5.85.030. When the person offering the property provides only verbal evidence of authority to sell such property, the secondhand dealer shall make a reasonable inquiry of that person to confirm that the property being offered does, in fact, belong to that person or that the person has the authority to offer such property for the owner.
(Code 1965, § 6604; Code 2002, § 18-325. Ord. No. 85-26)
5.85.060 Retention and inspection of secondhand property.
All secondhand property purchased, taken in trade, or taken on consignment by persons subject to this article shall be segregated in such a manner as to identify such property with the person offering it. Such property shall be held by the secondhand dealer for a period of 17 days before being sold, exchanged, or removed from the business. Such property shall be made available for inspection by the Police Department upon request. The 17-day holding period may be waived for a specific purchase, by the Chief of Police or his designee, upon good cause shown by the secondhand dealer.
(Code 1965, § 6605; Code 2002, § 18-326. Ord. No. 85-26)
5.85.070 Receiving secondhand property from certain persons prohibited.
No secondhand dealer shall purchase, take in trade, or take on consignment secondhand property from any person who is in an intoxicated condition or from any person under 18 years of age.
(Code 1965, § 6606; Code 2002, § 18-327. Ord. No. 85-26)
5.85.080 Violations; penalties.
It shall be unlawful for any person or entity to violate any provision or to fail to comply with any of the requirements of this article. Any person or entity violating any provision of this article, or failing to comply with any provision of this article, shall be guilty of a misdemeanor and shall be punished in accordance with section 1.05.230 of this Code.
(Code 1965, § 6607; Code 2002, § 18-328. Ord. No. 17; Ord. No. 85-26)