Lancaster Municipal Code Art. IV Registration of Secondhand Purchases

A. Every person, firm or corporation dealing in secondhand goods (wares, merchandise, or articles of any description, or any tangible personal property as defined in the Business and Professions Code Section 21627, in accordance with the provisions of the Business and Professions Code Section 21638) or licensed to deal in secondhand goods shall keep a record of (all such articles) the purchase and sale of all items of tangible personal property (as that term is defined in Section 5.04.280 sold or purchased (including the signature of the person selling the same), which shall at all times during business hours be open to the inspection of the Los Angeles County sheriff's department.

B. Such person, firm or corporation shall at least once a day make and deliver to the Los Angeles County sheriff's department on a form to be furnished or approved by the State Department of Justice for that purpose at cost, a full, true and complete record of all transactions in (secondhand goods, wares, merchandise, or articles of any description) tangible personal property by such person, firm or corporation within the city during the twenty-four (24) hours preceding said report, together with the time (meaning the hour of the day) when purchased or sold or otherwise dealt in or with, and a description of the person or persons from whom bought or to whom sold, or with whom dealt, and also the true name thereof as nearly as the same is known to the person making such report. Said report shall be written in the English language in a clear, legible manner.

C. Such report shall bear a legible fingerprint from the intended seller, on the space provided on the Department of Justice buy form. The print shall be of the right thumb, if available, or if the right thumb is not available, of another finger, which shall be identified on the buy form.

D. The identity of the seller shall be verified in accordance with Business and Professions Code Section 21628(b) and shall be considered valid if the person taking the information reasonably relies on any of the following documents, provided the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it and bears a serial or other identifying number: (1) a passport of the United States: (2) a driver's license issued by any state: (3) an identification card issued by any state: (4) an identification card issued by any branch of the Armed Forces of the United States.

E. The licensed secondhand dealers shall retain in their possession for thirty (30) days all second- hand tangible personal property acquired in the course of business unless an exception is granted by the sheriff in accordance with the provisions of Business and Professions Code Section 21636.

F. The licensed secondhand dealers shall display the license on the premises where it can be easily seen and shall conduct business only in the building designated on the license.

(Prior code § 6-4.27)

Before any person shall engage in the business of secondhand dealer, secondhand jewelry dealer, secondhand clothing dealer, secondhand furniture and household goods dealer, or secondhand book dealer, either exclusively or in conjunction with some other business, (he) that person must make application to the Los Angeles County sheriff's department for a permit therefor, for which permission may be granted to said applicant to receive a license upon the payment of the license fee required; provided, however, secondhand dealers in tangible personal property, as that term is hereinafter defined, must also obtain a state secondhand dealer license. The Los Angeles County sheriff's department shall not issue any permit nor shall any license be issued to any person, firm or corporation to conduct the business of a secondhand furniture and household goods dealer within two hundred (200) feet of the property line of any church or school. Such restrictions shall not apply to any secondhand furniture and household goods dealer now conducting business within such distance. Said Los Angeles County sheriff's department shall have the power to revoke said permit after a hearing and upon good cause being shown. The city council may adopt, after a noticed public hearing, such rules and regulations regarding secondhand dealers as will effectuate the purposes of this title and are not in conflict therewith. Said rules and regulations shall become effective ten (10) days after adoption by the city council.

"Tangible personal property" is defined as set forth in the California Business and Professions Code sections governing secondhand dealers and shall include all personal property commonly sold by secondhand dealers which is determined by the Attorney General to be frequently stolen and is contained in that list of such personal property which is compiled and periodically revised by the Attorney General and supplied to local law enforcement agencies. The city council may by rule or regulations amend the Attorney General's list to include additional items which have been determined to be frequently stolen in the city. Such additional items shall thereafter be considered tangible personal property for purposes of this title.

(Prior code § 6-4.28)