Beverly Hills Municipal Code Art. 5 Secondhand Dealers

No persons shall engage in, conduct, or carry on the business of secondhand dealer without a permit issued under the provisions of chapter 1, article 1 of this title. (1962 Code §§ 6-12.101 et seq., 6-12.301 et seq.)

SECONDHAND DEALER: Any person, including, but not limited to, a partnership, corporation, joint venture, or firm, whose business includes buying, selling, trading, taking in pawn, and accepting for sale on consignment secondhand tangible personal property. A "secondhand dealer" does not include a coin dealer. For purposes of this section, a "coin dealer" shall mean any person, including, but not limited to, a partnership, corporation, joint venture, or firm, whose principal business is the buying, selling, and trading of coins, monetized bullion, or commercial grade ingots of gold, or silver, or other precious metals.

TANGIBLE PERSONAL PROPERTY: Includes, but is not limited to:

A. All secondhand tangible personal property which bears a serial number or personalized initials or inscription or which, at the time it is acquired or purchased by the secondhand dealer or pawn broker, bears evidence of having had a serial number or personalized initials or inscription.

B. All tangible personal property, new or used, received in pledge as security for a loan by a pawnbroker or a secondhand dealer acting as a pawnbroker.

C. All personal property commonly sold by secondhand dealers which statistically is found through crime reports to the California state attorney general to constitute a significant class of stolen goods.

Tangible personal property does not include:

A. Any new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of such new goods or merchandise by a secondhand dealer.

B. Coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. "Commercial grade ingots" means .99 fine ingots of gold, silver, or platinum, or .925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness. (1962 Code §§ 6-12.101 et seq., 6-12.301 et seq.; amd. Ord. 93-O-2174, eff. 7-23-1993)

The provisions of this article shall not be applicable to the following:

A. The business of selling antique goods, wares, or merchandise. "Antique" shall mean anything very old; a relic, or object of ancient art, or the like, made at a much earlier period than the present, and which, because of age, rarity, or historical significance, has a monetary value greater than the original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise.

B. Auctions.

C. Pawnbrokers.

D. Used car dealers.

E. An authorized representative or agent of the manufacturer, jobber, or distributor of the new goods, wares, or merchandise who accepts or sells any tangible personal property, wares, or merchandise received as part payment on new goods, wares, or merchandise. (1962 Code §§ 6-12.101 et seq., 6-12.301 et seq.)

A. Secondhand dealers must make and deliver to the Beverly Hills police department on a daily basis a report on a California department of justice form of all tangible personal property purchased or received by a secondhand dealer. Such report shall be legible, prepared in English and completed where applicable, and contain the following information:

1. The name and current address of the intended seller or pledgor of the property. Identification which contains a post office box is insufficient for purposes of this code.

2. The identification of the seller or pledgor of the property. Identification shall be verified by the person taking the information. The following forms of personal identification are acceptable provided the document is valid, has been issued within the previous five (5) years and contains a photograph or description, or both, of the person to be identified, is signed by that person, states that person's day, month and year of birth in order to verify that person is eighteen (18) years or older, and bears a serial or other identifying number:

a. Passport of the United States;

b. Driver license issued by any state, or the country of Canada;

c. An identification card issued by any state;

d. An identification card issued by the United States.

3. A complete and accurate description of serialized property, including, but not limited to, the following: serial number and other identifying marks or symbols, owner applied number, manufacturer's name brand, and model name or number.

4. A complete and accurate description on nonserialized property, including, but not limited to, the following: size, color, material, manufacturer's patterns, if known, owner applied numbers and personalized inscriptions and other identifying marks or symbols.

5. A certification by the intended seller or pledgor that he/she is the owner of the property or has the authority of the owner to sell or pledge the property.

6. A certification by the intended seller or pledgor that to his or her knowledge and belief the information is true and complete.

7. A legible fingerprint taken from the intended seller or pledgor as prescribed by the California department of justice.

8. The total dollar amount for each purchase or pledge.

B. Permanent records and any goods, wares or merchandise, transaction slips, copies of reports of property received, shall be maintained on the secondhand dealer's premises in such a way that access to a particular record is not unreasonably difficult or time consuming for a period of three (3) years. All such records shall be open for inspection during regular business hours and upon the demand of any California state peace officer or authorized representatives of the city.

C. Business machine dealers shall report to the Beverly Hills police department all used business machines which are purchased, taken in trade, or accepted for sale on consignment. Such reports shall be submitted on a California department of justice approved form and forwarded to the Beverly Hills police department. (1962 Code §§ 6-12.101 et seq., 6-12.301 et seq.; amd. Ord. 93-O-2174, eff. 7-23-1993)

Every secondhand dealer shall retain in his/her possession for a period of thirty (30) days all tangible personal property reported under the provisions of section 4-2-504 of this article. The thirty (30) day period shall commence on the date the report of its acquisition was made to the chief of police by the secondhand dealer. The chief of police may, for good cause, as specified by the department of justice, authorize prior disposition of any such property described in a specific report; provided that a secondhand dealer who disposes of tangible personal property pursuant to such authorization shall report the sale thereof to the chief of police. (1962 Code §§ 6-12.101 et seq., 6-12.301 et seq.; amd. Ord. 93-O-2174, eff. 7-23-1993)

Any permittee, operator, manager or employee of a secondhand dealer shall obtain an identification card issued under the provisions of chapter 1, article 2 of this title, and shall have such identification card in their possession at all times when engaged in the activity regulated by this article. (1962 Code §§ 6-12.101 et seq., 6-12.301 et seq.)