CHAPTER 9. Secondhand Goods [21500. - 21672.]

Chapter 9 added by Stats. 1941, Ch. 50.

§§ 21500–21672 · 84 sections

1. ARTICLE 1. Watches §§ 21500–21509 · 10 sections

   • § 21500 As used in this article: (a) “Person” means an individual, firm, partnership, association, limited liability company, or corporation engaged in the business of…
   • § 21501 Except as provided in this article “secondhand watch” means any of the following: (a) A watch which, as a whole, or the case thereof, or the movement thereof,…
   • § 21502 A watch which is returned to the same person who sold the watch to the consumer, either through an exchange or for credit, within one year from the date of the…
   • § 21503 The written record referred to in this article shall contain all of the following information: (a) The name and address of the consumer. (b) The date of the…
   • § 21504 The written record referred to in this article shall be kept for at least three years from the date of the original sale of the watch. Such record shall be…
   • § 21505 Any person who sells, exchanges, offers to sell or exchange, exposes for sale or exchange, or possesses with intent to sell or exchange, a secondhand watch,…
   • § 21506 Any person who sells a secondhand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of…
   • § 21507 A duplicate of the invoice required by this article shall be kept on file by the vendor of the secondhand watch for at least one year from the date of the sale…
   • § 21508 Any person advertising in any manner secondhand watches for sale shall state clearly in such advertising that the watches so advertised are secondhand watches.
   • § 21509 Violation of this article is a misdemeanor.
2. ARTICLE 2. Builders’ Tools §§ 21550–21556 · 7 sections

   • § 21550 “Person” as used in this article includes firm and corporation. “Builders’ tools” as used in this chapter includes all tools customarily used in the…
   • § 21551 Every person dealing in secondhand goods, wares or merchandise, either as pawnbroker or otherwise, who buys or receives as a pledge any builders’ tools shall…
   • § 21552 Whenever any person referred to in this article ships or otherwise transmits any builders’ tools bought or received as a pledge, to any place outside the…
   • § 21553 Every person referred to in this article shall each day, except legal holidays, deliver a full, true and complete copy of the register required to be kept by…
   • § 21554 The report shall include references to all builders’ tools bought or received as a pledge or shipped or otherwise transmitted since the preceding report.
   • § 21555 If there is no police department in the municipality or district in which builders’ tools are bought or received in pledge, or from which they are shipped or…
   • § 21556 Any person who violates this chapter is guilty of a misdemeanor.
3. ARTICLE 3. Junk §§ 21600–21610 · 19 sections

   • § 21600 As used in this article, “junk” means any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, including any and all…
   • § 21601 As used in this article, “junk dealer” includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering,…
   • § 21602 As used in this article, “junk yard” includes any yard, plot, space, inclosure, building or any other place where junk is collected, stored, gathered together…
   • § 21603 This article shall not apply to any of the following: (a) Secondhand furniture merchants. (b) Pawnbrokers. (c) Secondhand car dealers or merchants in…
   • § 21604 Except as otherwise provided in this article, this article does not apply to: (a) Any person who buys or sells junk acquired in the conduct of any business…
   • § 21605 (a) Every junk dealer and every recycler in this state is hereby required to keep a written record of all sales and purchases made in the course of his or her…
   • § 21606 (a) Every junk dealer and every recycler shall set out in the written record required by this article all of the following: (1) The place, date, time, and…
   • § 21606.5 Every junk dealer or recycler shall, during normal business hours, allow periodic inspection of any premises maintained and any junk thereon for the purpose of…
   • § 21607 Every junk dealer and recycler shall preserve the written record required by this article for at least two years after making the final entry of any purchase…
   • § 21608 (a) A junk dealer or recycler who fails in any respect to keep the written record required by this article, or to set out in that written record any matter…
   • § 21608.3 (a) Any unauthorized disclosure of personal identification information collected from a seller by a junk dealer or recycler is prohibited, and any such…
   • § 21608.5 (a) A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of…
   • § 21608.6 (a) A junk dealer or recycler, as defined in subdivision (f), in this state shall not provide payment for newspaper, as defined in Section 538c of the Penal…
   • § 21608.7 (a) A junk dealer or recycler shall request to receive theft alert notifications regarding the theft of commodity metals, including, but not limited to,…
   • § 21609 (a) Whenever a peace officer has probable cause to believe that property in the possession of a junk dealer or recycler is stolen, in lieu of seizing the…
   • § 21609.1 (a) A junk dealer or recycler shall not possess any of the following material that was owned or previously owned by an agency, in the absence of a written…
   • § 21609.5 (a) Except as provided in subdivision (b), no junk dealer or recycler may purchase or receive refillable stainless steel or aluminum alloy beer kegs marked…
   • § 21609.7 (a) Except as provided in subdivisions (b) and (d), a junk dealer or recycler shall not purchase bulk merchandise pallets marked with an indicia of ownership…
   • § 21610 (a) For the purposes of this section, the following terms have the following meanings: (1) For the purposes of this section, the term “core recycler” means a…
4. ARTICLE 4. Tangible Personal Property §§ 21625–21647 · 29 sections

   • § 21625 It is the intent of the Legislature in enacting this article to curtail the dissemination of stolen property and to facilitate the recovery of stolen property…
   • § 21626 (a) A “secondhand dealer,” as used in this article, means and includes any person, copartnership, firm, or corporation whose business includes buying, selling,…
   • § 21626.5 “Secondhand dealer,” as used in this article, does not include either of the following: (a) Any person who performs the services of an auctioneer for a fee or…
   • § 21627 (a) As used in this article, “tangible personal property” means all secondhand tangible personal property that bears a serial number or personalized initials…
   • § 21627.5 “CAPSS” means the California Pawn and SecondhandDealer System, which is a single, statewide, uniform electronic reporting system that receives secondhand…
   • § 21628 (a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or no later than the next business day excluding weekends and…
   • § 21628.2 (a) For purposes of this section, the “department” shall mean the Department of Justice. (b) Every secondhand dealer described in Section 21626 shall, in a…
   • § 21628.3 In complying with the requirements of Section 21628, a secondhand dealer shall verify the identification of the seller or pledger for each transaction, not for…
   • § 21628.5 (a) Every business machine dealer shall report all used business machines which he has purchased, taken in trade, or accepted for sale or consignment, from an…
   • § 21629 The provisions of this article shall not apply to any tangible personal property which has been: (a) Acquired from another secondhand dealer; provided the…
   • § 21629.5 Notwithstanding Section 21629, the provisions of this article shall apply to any tangible personal property which has been acquired by a secondhand dealer with…
   • § 21630 (a) A secondhand dealer or coin dealer shall electronically transmit to CAPSS no later than the next business day after the date of transaction excluding…
   • § 21631 Notwithstanding any other provisions of law, all tangible personal property that is found in the shop of a pawnbroker, secondhand dealer, or coin dealer, doing…
   • § 21634 The chief of police or the sheriff who receives a report on a form filed pursuant to the provisions of this article shall daily submit the original to the…
   • § 21636 (a) Every secondhand dealer and coin dealer shall retain in his or her possession for a period of 30 days all firearms reported under Section 21628.2. The…
   • § 21636.1 (a) Every secondhand dealer and coin dealer shall retain in his or her possession for a period of seven days all tangible personal property, as defined in…
   • § 21636.5 No secondhand dealer or coin dealer shall promise a seller of tangible property that the seller may repurchase property sold to the secondhand dealer or coin…
   • § 21636.6 It is unlawful for any person, who is required to be licensed under Section 21640, to publicly advertise any matter relating to the business for which the…
   • § 21637 Nothing herein contained shall be deemed to excuse compliance with the provisions of any city, county, or city and county ordinance or any other state law…
   • § 21638 The provisions of this article shall not prohibit enactment, amendment, or enforcement by any city, county, or city and county of any local ordinance relating…
   • § 21638.5 Sections 21636, 21636.1, 21637, and 21638, insofar as they apply to holding periods for personal property, are not applicable to personal property pledged to a…
   • § 21640 It is unlawful for any person to engage in the business of secondhand dealer, as defined in Section 21626, without being licensed as provided in this article.
   • § 21641 (a) The chief of police, the sheriff, or, where appropriate, the police commission, shall accept an application for and grant a license permitting the licensee…
   • § 21642 (a) A license granted pursuant to Section 21641 shall be renewable the second year from the date of issue, and every other year thereafter, upon the filing of…
   • § 21642.5 (a) The Department of Justice shall require each applicant for an initial license under Section 21641 of this code or Section 21300 of the Financial Code and…
   • § 21643 No transactions that require reporting under Section 21628, or commencing July 1, 2010, Section 21628.2, shall be engaged in with a minor.
   • § 21645 A violation of any provision of this article under circumstances where a person knows or should have known that a violation was being committed is a…
   • § 21646 The district attorney or the Attorney General, in the name of the people of the State of California, may bring an action to enjoin the violation or the…
   • § 21647 (a) (1) If a peace officer has probable cause to believe that property, except coins, monetized bullion, or “commercial grade ingots” as defined in subdivision…
5. ARTICLE 5. Resale of Goods §§ 21650–21653 · 4 sections

   • § 21650 As used in this article, “adequate evidence of authority to sell” is evidence from which a reasonable person would conclude that the person presenting the…
   • § 21651 As used in this article, (a) “Junk dealer” has the meaning defined in Section 21601; and (b) “Secondhand dealer” has the meaning defined in Section 21626.
   • § 21652 Every junk dealer or secondhand dealer shall, before accepting for resale from any person any finished product, new item of finished or merchandisable quality,…
   • § 21653 Every junk dealer or secondhand dealer who resells any item acquired in violation of Section 21652 is guilty of a felony, if the value of the item exceeds nine…
6. ARTICLE 6. Swap Meets, Flea Markets, and Open-Air Markets §§ 21660–21669.1 · 12 sections

   • § 21660 It is the intent of the Legislature in enacting this article to require the reporting of personal property exchanged, sold, or offered for sale or exchange at…
   • § 21661 (a) As used in this article, the term “swap meet” includes a flea market or an open-air market and means an event at which two or more persons offer…
   • § 21662 The provisions of this article shall not apply to: (a) An event held not more than two times per calendar year that is organized for the exclusive benefit of…
   • § 21663 (a) Except as provided in Section 21663.1, every vendor shall report all merchandise offered or displayed for sale or exchange on a form, prescribed or…
   • § 21663.1 (a) A vendor selling or displaying new merchandise and a vendor holding a business license issued by a city, county, or city and county of this state are not…
   • § 21664 (a) The swap meet operator shall obtain sufficient blank forms from the Department of Justice at a cost not to exceed the actual cost to the department, or…
   • § 21665 (a) Swap meet operators shall retain a copy of the reports collected by them for six months and shall make the copies available for inspection, upon request,…
   • § 21666 (a) Upon request, a vendor shall provide the purchaser a written receipt disclosing the vendor’s name and address for any items purchased which has a selling…
   • § 21667 A violation of any provision of this article, except subdivision (b) of Section 21666, is a misdemeanor and may be punishable by up to six months in county…
   • § 21668 A chief of police of a city or the sheriff of an area outside of the city may waive any requirement of this article for swap meet operators and vendors in the…
   • § 21669 (a) All swap meets which are conducted two or more times per calendar year on any premises or property owned or leased by any city, county, city and county,…
   • § 21669.1 In addition to the requirements specified in subdivision (a) of Section 21669, all swap meets conducted on the premises or property of a state or local…
7. ARTICLE 7. Sports Trading Cards §§ 21670–21672 · 3 sections

   • § 21670 For purposes of this article, the following definitions apply: (a) “Altered or refurbished” means repair work which has been performed to enhance the value of…
   • § 21671 (a) Any sports trading card that is altered or refurbished shall be accompanied by a certificate stating the exact work done to the sports trading card, the…
   • § 21672 (a) Any person, or agent thereof, who knowingly manufactures, produces, or distributes unlicensed or counterfeit sports trading cards with the intent to…