Chapter 5.16 — SECONDHAND DEALERS

Section 5.16.010 Definitions. 5.16.020 Daily reports of transactions. 5.16.030 Contents of report. 5.16.040 Blank forms. 5.16.050 Filing of reports—Inspection. 5.16.060 Legibility of report. 5.16.070 Failure to file proper report. 5.16.080 Fictitious names. 5.16.090 Holding of goods.

Statutory reference: Statue provisions concerning secondhand dealers, see Cal. Business and Professions Code §§ 21500 et seq.

In this chapter, unless it is apparent from the context that some other meaning is intended, the term SECONDHAND DEALER shall mean any person engaged in buying, receiving, selling or otherwise disposing of, or dealing in secondhand articles, goods, wares or merchandise of any type or description. (1995 Code, § 5.16.010)

Every person engaged in the business of secondhand dealer shall, on each day, before the hour of 6:00 p.m., make out and deliver to the Chief of Police on a blank form to be obtained by the secondhand dealer from the office of the Chief of Police for the purpose, a full, true and complete report of all goods, wares or merchandise received or purchased and showing all transactions completed, with an accurate description of the same, during the day preceding the filing of such a report. (1995 Code, § 5.16.020)

The report shall show the hour of the day when the article was received or purchased, and the true name and address, as nearly as the same is known to, or can be ascertained by the secondhand dealer or the person by whom the article was left or said or otherwise acquired, together with the signature of the person and with the description of the person. The description to be given of every person shall show the sex, height, age, weight, occupation, complexion, color of hair, style of dress, color of mustache or beard, or both, where the same are worn, and if neither is worn, the fact shall be noted. The report shall show the cost of each article purchased; or, if the article is acquired on an exchange, the report will set forth the brief description of the article exchanged for the article received. The report shall show the quantity purchased, together with a complete description of the same, including the manufacturer’s trade name or brand, if any, and the size and color; and if the article has engraved thereon any number, word or initial, or contains any settings of any kind, the description of the article in the report shall contain such number, work, or initial, and shall show the kind of settings and the number of each kind. If the article is delivered or received from a motor vehicle, the report shall set forth its license number, if any, together with its type, color and make. (1995 Code, § 5.16.030)

Blanks to be obtained from the office shall bear a caption providing blank spaces in which shall be written or printed the date of the report, the name and place of business of the person making the same and the hour of the day when the report is received at the office of the Chief of Police. The blanks shall be so printed and subdivided as to contain spaces with the proper captions for the furnishing of the information required by this chapter.

(1995 Code, § 5.16.040)

The Chief of Police shall file, in some secure place in his or her office, all reports received pursuant to the terms of this chapter; and the same shall be open to inspection only by members of the Police Department, or upon an order of the Court. (1995 Code, § 5.16.050)

Every report required by the terms of this chapter to be kept or filed shall be written or printed entirely in the English language, in a clear and legible manner. (1995 Code, § 5.16.060)

It shall be unlawful for any person to fail, refuse or neglect to file any report in the form, in the manner, at the time and in all respects in accordance with the requirements of this chapter. (1995 Code, § 5.16.070)

It is unlawful for any secondhand dealer to knowingly use a fictitious name or address in any report. (1995 Code, § 5.16.080)

Any article or thing of the type of secondhand merchandise received or purchased by the secondhand dealer shall be retained and held by him or her for not less than five days after delivering the report concerning the same to the Chief of Police. (1995 Code, § 5.16.090)

It is unlawful for any secondhand dealer to sell or otherwise dispose of any article or thing within five days after making a report to the Chief of Police, as required in this chapter, that the article or this has been purchased by the secondhand dealer. (1995 Code, § 5.16.100)