Berkeley Municipal Code Ch. 9.36 Secondhand Merchandise Sales

Every person, firm or corporation buying, selling, exchanging, receiving in pledge, or otherwise dealing in, whether as a separate business or in connection with other business, secondhand bicycles, bicycle accessories, motorcycles, motorcycle accessories, automobiles, automobile accessories, typewriters, adding or calculating machines, garden hoses, harness, robes, whips, diamonds, jewelry, silverware, old gold or silver, clothing, tools, surgical, dental or drawing instruments or implements, firearms, books, furniture, household furnishings, junk, or any other secondhand article, or any other secondhand articles, in the City, shall keep at their place of business a record on forms to be provided by the Police Department, in which shall be entered, in the English language, at the time of purchase, sale, pledge or exchange of such articles, a description of such article bought, sold, pledged or exchanged, sufficient to identify the same, including serial number, personalized initials or inscription, California operator’s license number, and all particular or prominent marks of identification that may be found on such property, and the signature and address of the person buying, selling, pledging or exchanging such articles, or any of them, and if an exchange be made, likewise a description of the article or articles given in exchange; provided, however, that the provisions of this section as applied to used books shall only require that such record be kept for the purchase of used books by the used book dealer; provided, further, that any used book or books so purchased shall be retained by the used book dealer for a period of not less than forty-eight hours or two working days following such purchase before being disposed of by such used book dealer. (Ord. 4639-NS § 1, 1973; Ord. 4186-NS (part), 1966; Ord. 294-NS § 1, 1914)

Said record book shall be open to the inspection of the Chief of Police, or any police officer of the City, at any time during business hours, and it is declared unlawful for any person keeping such record book, or having the same in their custody or control, to fail to produce the same and submit it to the inspection of such Chief of Police or police officer upon demand. (Ord. 294-NS § 3, 1914)

At least once a week said original record of the transactions of the week previous shall be delivered to the Chief of Police by the person keeping such record. (Ord. 637-NS (part), 1919; Ord. 294-NS § 2, 1914)

All articles mentioned in Section 9.36.010 received by purchase, pledge or exchange shall be kept by the person, firm or corporation receiving the same at least thirty days before the same are disposed of. (Ord. 294-NS § 4, 1914)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 5591-NS § 1 (part), 1984; Ord. 294-NS § 5, 1914)