reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 8 - Unfair Practices › Section 21203.

21203. The Legislature finds and declares that distribution and sales of motor vehicle fuels and oils in the State of California affect the general economy of the state, the public interest and the public welfare. Competition and freedom from unreasonable discriminatory practices are essential to the fair and efficient functioning of a free market economy. Competitive conditions are rapidly changing with resulting market dislocation. Therefore, it is further provided that any existing contracts, arrangements, or agreements with provision for prices not in compliance with this chapter shall be void on and after the effective date of this chapter as to such provisions, except for any as may be required to be extended beyond said date to comply with any applicable federal price control laws, regulations or orders.
(Added by Stats. 1975, Ch. 951.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 1 - Watches › Section 21500.

21500. As used in this article:
(a) “Person” means an individual, firm, partnership, association, limited liability company, or corporation engaged in the business of selling watches.
(b) “Consumer” means an individual, firm, partnership, association or corporation who buys for his or her own use, or for the use of another, but not for resale.
(Amended by Stats. 1994, Ch. 1010, Sec. 26. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 1 - Watches › Section 21501.

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, has been sold to a consumer.
(b) Any watch whose case or movement, serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 1 - Watches › Section 21502.

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 original sale, if such seller keeps a written record of such sales, is not subject to the provisions of this article, unless the case, movement, serial number or other distinguishing identification marks have been removed.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 1 - Watches › Section 21503.

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 sale to the consumer.
(c) The name of the watch or its maker.
(d) The serial number of the watch, if any, on its case or movement or any other distinguishing numbers or identification marks.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 1 - Watches › Section 21504.

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 open for inspection during all business hours by the district attorney or his representative, of the county in which the vendor is engaged in business.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 1 - Watches › Section 21505.

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, shall affix and keep affixed to the same a tag with the words “secondhand” legibly written or printed thereon in the English language.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 1 - Watches › Section 21506.

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 the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers, if any, or other distinguishing numbers or identification marks on its case and movement. If the serial numbers, or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered, this shall be set forth in the invoice.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 1 - Watches › Section 21507.

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 thereof and shall be open to inspection during all business hours by the district attorney, or his representative, of the county in which the vendor is engaged in business.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 1 - Watches › Section 21508.

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.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 2 - Builders Tools › Section 21550.

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 construction, alteration, or repair of buildings.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 2 - Builders Tools › Section 21551.

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 keep a register in which shall be entered all of the following:
(a) The place, date and hour of the sale or pledge of any such tools.
(b) The name, address and description of the seller or pledgor.
(c) A description of the tools, including all numbers, letters, names and other identification marks appearing thereon.
(d) The name and address of the individual to whom such tools were sold or pledged.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 2 - Builders Tools › Section 21552.

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 county in which the tools were so bought or so received, such person shall enter in the register required to be kept by this article the date on which such tools were shipped or otherwise transmitted, and the name and the place of business or residence of the person to whom such tools were so shipped or transmitted.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 2 - Builders Tools › Section 21553.

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 this article to the chief of police, city marshal, town marshal, or other head of the police department of the city, city and county, town, or other municipality or district wherein such builders’ tools were bought or received in pledge.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 2 - Builders Tools › Section 21554.

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.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 2 - Builders Tools › Section 21555.

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 otherwise transmitted, the report required by this article shall be delivered or mailed each day, except legal holidays, to the sheriff of the county.
(Added by Stats. 1941, Ch. 50.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21600.

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 secondhand and used furniture, pallets, or other personal property, other than livestock, or parts or portions thereof.
As used in this section, “scrap metals and alloys” includes, but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers, as defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code.
(Amended by Stats. 2001, Ch. 60, Sec. 1. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21601.

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, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer.
(Added by Stats. 1941, Ch. 1078.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21602.

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 and kept.
(Added by Stats. 1941, Ch. 1078.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21603.

21603. This article shall not apply to any of the following:
(a) Secondhand furniture merchants.
(b) Pawnbrokers.
(c) Secondhand car dealers or merchants in connection with automobile and motor vehicle sales agencies but not carried on and conducted in conjunction with a junk yard.
(d) Persons engaged in the business of selling new automobile tires or batteries or other equipment taking in part payment used articles of the same kind and thereafter selling or disposing of the same.
(e) Secondhand oil well supply and equipment dealers not conducting or carrying on their business in connection with a junk yard.
(f) Secondhand clothing merchants and ragpickers.
(Added by Stats. 1941, Ch. 1078.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21604.

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 other than that of a junk dealer or recycler.
(b) Except as provided in Section 21609.1, those purchases of scrap metal by a junk dealer or recycler when the payment for the scrap metal is by check issued to the company represented as being the owner of the scrap.
(c) Scrap metal purchased or received from another junk dealer or recycler who has recorded, reported, and held the material as required. The purchase or receipt shall also be exempt from further holding or reporting provided that the selling party gives the buyer written assurance of this fact. The seller shall be held responsible for any failure to report or hold.
(Amended by Stats. 2012, Ch. 656, Sec. 2. (SB 1387) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21605.

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 business.
(b) For purposes of this article, “recycler” means any processor, recycling center, or noncertified recycler, as those terms are defined in Chapter 2 (commencing with Section 14502) of Division 12.1 of the Public Resources Code, who buys or sells scrap metal that constitutes junk, as defined in Section 21600.
(Amended by Stats. 1989, Ch. 1288, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21606.

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 and date of each sale or purchase of junk made in the conduct of his or her business as a junk dealer or recycler.
(2) One of the following methods of identification:
(A) The name, valid driver’s license number and state of issue or California- or United States-issued identification card number.
(B) The name, identification number, and country of issue from a passport used for identification and the address from an additional item of identification that also bears the seller’s name.
(C) The name and identification number from a Matricula Consular used for identification and the address from an additional item of identification that also bears the seller’s name.
(3) The vehicle license number, including the state of issue, of any motor vehicle used in transporting the junk to the junk dealer’s or recycler’s place of business.
(4) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealer’s or recycler’s place of business.
(5) A description of the item or items of junk purchased or sold, including the item type and quantity, and identification number, if visible.
(6) A statement indicating either that the seller of the junk is the owner of it, or the name of the person he or she obtained the junk from, as shown on a signed transfer document.
(b) Any person who makes, or causes to be made, any false or fictitious statement regarding any information required by this section, is guilty of a misdemeanor.
(c) Every junk dealer and every recycler shall report the information required in subdivision (a) to the chief of police or to the sheriff in the same manner as described in Section 21628.
(Amended by Stats. 2012, Ch. 300, Sec. 1. (AB 1583) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21606.5.

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 determining compliance with the recordkeeping requirements of this article, and shall during those hours produce his or her records of sales and purchases, except as provided in subparagraph (B) of paragraph (6) of subdivision (a) of Section 21608.5, and all property purchased incident to those transactions which is in the possession of the junk dealer or recycler for inspection by any of the following persons:
(a) An officer holding a warrant authorizing him or her to search for personal property.
(b) A person appointed by the sheriff of a county or appointed by the head of the police department of a city.
(c) An officer holding a court order directing him or her to examine the records or property.
(d) The amendments to this section made by the act adding this subdivision shall become operative on December 1, 2008.
(Amended by Stats. 2009, Ch. 78, Sec. 1. (AB 85) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21607.

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 or sale of junk or scrap metals and alloys as defined in Section 21600.
(Amended by Stats. 1989, Ch. 1288, Sec. 7.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21608.

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 required by this article to be set out therein, is guilty of a misdemeanor.
Every junk dealer or recycler who refuses, upon demand pursuant to Section 21606.5, to exhibit the written record required by this article, or who destroys that record within two years after making the final entry of a purchase or sale of junk therein, is guilty of a misdemeanor.
(b) Any knowing and willful violation of subdivision (a) shall be punishable as follows:
(1) For a first offense, by a fine of not less than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than 30 days, or by both that fine and imprisonment.
(2) For a second offense, by a fine of not less than two thousand dollars ($2,000), or by imprisonment in the county jail for not less than 30 days, or by both that fine and imprisonment. In addition to any other sentence imposed pursuant to this paragraph, the court may order the defendant to stop engaging in business as a junk dealer or recycler for a period not to exceed 30 days.
(3) For a third or any subsequent offense, by a fine of not less than four thousand dollars ($4,000), or by imprisonment in the county jail for not less than six months, or by both that fine and imprisonment. In addition to any other sentence imposed pursuant to this paragraph, the court shall order the defendant to stop engaging in business as a junk dealer or recycler for not less than one year.
(c) The amendments to this section made by the act adding this subdivision shall become operative on December 1, 2008.
(Amended by Stats. 2008, Ch. 731, Sec. 3. Effective September 30, 2008. Amended version operative December 1, 2008, pursuant to immediate operation of new subdivision (c).)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21608.3.

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 disclosure shall render the violator liable for a civil fine of up to five thousand dollars ($5,000).
(b) This section shall become operative on December 1, 2008.
(Added by Stats. 2008, Ch. 730, Sec. 4. Effective September 30, 2008. Section operative December 1, 2008, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21608.7.

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, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, in the junk dealer’s or recycler’s geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.
(b) The requirement in subdivision (a) does not apply if the institute or its successor requires payment for use of the theft alert system.
(Added by Stats. 2014, Ch. 608, Sec. 3. (AB 2312) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21609.1.

21609.1. (a) No junk dealer or recycler shall possess any reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, reasonably recognizable brass fittings and parts, or any manhole cover or lid or reasonably recognizable part of a manhole cover or lid, or any backflow device or connection to that device or reasonably recognizable part of that device, that was owned or previously owned by an agency, in the absence of a written certification on the letterhead of the agency owning or previously owning the material described in the certification that the agency has either sold the material described or is offering the material for sale, salvage, or recycling, and that the person possessing the certification and identified in the certification is authorized to negotiate the sale of that material.
(b) A junk dealer or recycler who unknowingly takes possession of one or more of the items listed in subdivision (a) as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material. Written certification shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material. The prohibited material shall be set aside and not sold pending a determination made by a law enforcement agency pursuant to Section 21609.
(c) For purposes of this section, the following definitions apply:
(1) “Agency” means a public agency, city, county, city and county, special district, or private utility regulated by the Public Utilities Commission.
(2) “Appropriate law enforcement agency” means either of the following:
(A) The police chief of the city, or his or her designee, if the item or items listed in subdivision (a) are located within the territorial limits of an incorporated city.
(B) The sheriff of the county or his or her designee if the item or items listed are located within the county but outside the territorial limits of an incorporated city.
(3) “Written certification” means a certification in written form by the junk dealer or recycler to a law enforcement agency, including electronic mail, facsimile, or a letter delivered in person or by certified mail.
(Amended by Stats. 2013, Ch. 76, Sec. 5. (AB 383) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 3 - Junk › Section 21609.5.

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 with an indicia of ownership from any person or entity other than the indicated owner. For purposes of this section, “indicia of ownership” means words, symbols, or registered trademarks printed, stamped, etched, attached, or otherwise displayed on the exterior surface of the beer keg that reasonably identifies the owner.
(b) If the seller is not the indicated owner, a junk dealer or recycler may purchase or receive refillable stainless steel or aluminum alloy beer kegs only if the seller or transferor provides a receipt from the indicated owner verifying the seller’s current ownership or a document indicating that the seller or transferor is authorized by the indicated owner to sell or transfer the beer kegs. Copies of these documents shall be maintained by the junk dealer or recycler as part of the written record of the transaction.
(Added by Stats. 2007, Ch. 349, Sec. 1. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21625.

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 by means of a uniform, statewide, state-administered program of regulation of persons whose principal business is the buying, selling, trading, auctioning, or taking in pawn of tangible personal property and to aid the State Board of Equalization to detect possible sales tax evasion.
Further, it is the intent of the Legislature in enacting this article to require the uniform statewide reporting of tangible personal property acquired by persons whose principal business is the buying, selling, trading, auctioning, or taking in pawn of tangible personal property, unless the property or the transaction is specifically exempt herein, for the purpose of correlating these reports with other reports of city, county, and city and county law enforcement agencies and further utilizing the services of the Department of Justice to aid in tracing and recovering stolen property.
Further, it is the intent of the Legislature that this article shall not be superseded or supplanted by the provisions of any ordinance or charter of any city, county, or city and county.
(Amended by Stats. 1980, Ch. 499, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21626.

21626. (a) A “secondhand dealer,” as used in this article, means and includes any person, copartnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. A “secondhand dealer” does not include a “coin dealer” or participants at gun shows or events, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, who are not required to be licensed pursuant to Sections 26700 to 26915, inclusive, of the Penal Code, who are acting in compliance with the requirements of Sections 26500 to 26585, inclusive, and 27545 of the Penal Code, and who are not a “Gun Show Trader,” as described in Sections 16620 and 26525 of the Penal Code.
(b) As used in this section, a “coin dealer” means any person, firm, partnership, or corporation 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.
(Amended by Stats. 2010, Ch. 178, Sec. 15. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21626.5.

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 salary.
(b) Any person whose business is limited to the reconditioning and selling of major household appliances, provided all the following conditions are met:
(1) The person does not trade, take in pawn, accept for drop-off, accept as a trade-in, accept for sale on consignment, accept for auction, auction, or buy, except in bulk, the appliances.
(2) The person does not perform repair services for owners of appliances unless the appliance was purchased from the person.
(3) The person has never been convicted of the crime of attempting to receive or receiving stolen property or any other theft-related crime.
(Amended by Stats. 1996, Ch. 103, Sec. 1. Effective July 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21627.

21627. (a) As used in this article, “tangible personal property” means all secondhand tangible personal property that bears a serial number or personalized initials or inscription or that, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.
(b) “Tangible personal property” also means the following:
(1) All tangible personal property, new or used, including motor vehicles, received in pledge as security for a loan by a pawnbroker.
(2) All tangible personal property that bears a serial number or personalized initials or inscription and that is purchased by a secondhand dealer or a pawnbroker or that, at the time of the purchase, bears evidence of having had a serial number or personalized initials or inscription.
(3) All tangible personal property that the Attorney General statistically determines through the most recent Department of Justice crime data, updated pursuant to Section 13010 of the Penal Code, to constitute a significant class of stolen goods. A list of that personal property shall be supplied by the Attorney General to all local law enforcement agencies and posted on the Attorney General’s Internet Web site. That list shall be updated annually by the Attorney General, beginning January 1, 2016, to ensure that it addresses current problems with stolen goods.
(c) As used in this article, “tangible personal property” does not include any new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of the new goods or merchandise by a secondhand dealer. For the purposes of this article, however, a secondhand dealer shall retain for one year from the date of purchase, and shall make available for inspection by any law enforcement officer, any receipt, invoice, bill of sale, or other evidence of purchase of the new goods or merchandise.
(d) As used in this article, “tangible personal property” does not include coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. “Commercial grade ingots” means 0.99 fine or finer ingots of gold, silver, palladium, or platinum, or 0.925 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.
(e) For purposes of this article, a “significant class of stolen goods” means those items determined through the Department of Justice’s most recent OpenJustice Web portal update to constitute more than 10 percent of property reported stolen in the calendar year preceding the annual posting of the list of significant classes of stolen goods.
(Amended by Stats. 2016, Ch. 418, Sec. 3. (AB 2524) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21627.5.

21627.5. “CAPSS” means the California Pawn and SecondhandDealer System, which is a single, statewide, uniform electronic reporting system that receives secondhand dealer reports and is operated by the Department of Justice consistent with Resolution Chapter 16 of the Statutes of 2010. The maintenance and operation of CAPSS is funded by the Secondhand Dealer and Pawnbroker Fund established pursuant to Section 21642.5.
(Added by Stats. 2016, Ch. 793, Sec. 2. (AB 1751) Effective September 29, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21628.2.

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 format prescribed by the department, and on the day of the transaction, electronically report to the department each firearm purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning. The secondhand dealer shall retain a copy of the report submitted to the department and make it available for inspection by the department, any peace officer, or any local law enforcement employee who is authorized by Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal Code to inspect a firearms transaction record.
(c) The department may retain secondhand dealer reports to determine whether a firearm taken in by a secondhand dealer has been reported lost or stolen. If the department’s records indicate that the firearm is lost or stolen, the department shall notify the law enforcement agency that entered the information in the department’s records and a law enforcement agency with jurisdiction over the secondhand dealer’s business location about the status of the firearm. The Dealers’ Record of Sale shall be retained by the department pursuant to Section 11106 of the Penal Code.
(d) All information in the secondhand dealer report of each firearm described in subdivision (a) shall be electronically provided by the department to the secure mailbox of the local law enforcement agency described in Section 21630 within one working day of receipt by the department.
(Amended (as amended by Stats. 2010, Ch. 178, Sec. 17) by Stats. 2011, Ch. 745, Sec. 1. (AB 809) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21628.3.

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 each item that shall be reported.
(Added by Stats. 2015, Ch. 749, Sec. 2. (AB 1182) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21628.5.

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 individual, to the chief of police or to the sheriff in accordance with the provisions of Section 21628 and Section 21630.
Every business machine dealer shall report all used business machines which he has repaired, if required to do so by the chief of police or the sheriff in accordance with the provisions of Section 21628 and Section 21630.
No report of repair shall be required from a dealer servicing or repairing a machine in the possession of the owner to whom that dealer sold that machine when it was new.
(b) As used in this section, the term “business machines” includes, but is not limited to, typewriters, adding machines, check-writing devices, cash registers, calculators, addressing machines, copying and accounting equipment, letter-sorting and folding devices, and recording equipment, but does not include office furniture or fixtures.
(Amended by Stats. 1976, Ch. 1344.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21629.5.

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 the understanding or expectation that such property would later be reacquired by the transferor or an agent thereof.
(Added by Stats. 1980, Ch. 499, Sec. 5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21630.

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 weekends and holidays or, if not then possible due to an electrical, telecommunications, or other malfunction, as soon as reasonable thereafter, the report of acquisition of tangible personal property as required by Section 21628.
(b) Notwithstanding Section 21628, submission of a tangible property acquisition report is not required if the report of an acquisition of the same property from the same customer has been submitted within the preceding 12 months.
(Repealed and added by Stats. 2016, Ch. 793, Sec. 6. (AB 1751) Effective September 29, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21631.

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 business under a California secondhand dealer’s license, shall be reported as required under subdivisions (c) and (d) of Section 21628, including any additional information required by Section 21628 that is known by the reporting person, and shall be held as required under Section 21636 on forms as required under Section 21633. If no claim is made for the property for a period of 60 days after it is reported, the pawnbroker, secondhand dealer, or coin dealer may treat the property as property regularly acquired in the due course of business.
(Added by Stats. 1992, Ch. 647, Sec. 2. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21634.

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 Department of Justice.
(Amended by Stats. 1972, Ch. 1377.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21636.

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 30-day holding period with respect to firearms shall commence with the date the report of its acquisition was made electronically to the Department of Justice by the secondhand dealer and coin dealer. The Department of Justice may for good cause authorize prior disposition of any firearms described in a specific report, provided that a secondhand dealer who disposes of firearms pursuant to that authorization shall report the sale thereof to the Department of Justice.
(b) During the 30-day holding period specified in subdivision (a), every secondhand dealer and coin dealer shall produce any firearm reported under Section 21628.2 for inspection by any peace officer or employee designated by the Department of Justice.
(c) Firearms subject to inspection as specified in subdivision (b) and firearms held in pawn that are stored off the business premises of the licensee shall, upon request for inspection, be produced at the licensee’s business premises within one business day of a request.
(d) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit for inspection, as specified in subdivision (b), any firearm acquired at a gun show or event within 48 hours of the request of the local law enforcement agency in the jurisdiction where the gun show or event was conducted at a location specified by the local law enforcement agency.
(Amended by Stats. 2018, Ch. 184, Sec. 1. (AB 1993) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21636.1.

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 Section 21627, reported pursuant to Sections 21628 and 21630. The seven-day holding period with respect to tangible personal property shall commence with the date the report of its acquisition was made to CAPSS.
(b) During the seven-day holding period specified in subdivision (a), every secondhand dealer and coin dealer shall produce any tangible personal property reported pursuant to Sections 21628 and 21630 for inspection by any peace officer or employee designated by the local licensing authority or the Department of Justice.
(c) Tangible personal property subject to inspection as specified in subdivision (b) and all tangible personal property held in pawn that is stored off the business premises of the licensee shall, upon request for inspection, be produced at the licensee’s business premises within one business day of a request by the local licensing authority or the Department of Justice.
(d) (1) If 5 days have elapsed since the transmission of the report of acquisition pursuant to Section 21628 or 21630, the remainder of the seven-day hold specified in subdivision (a) shall not apply to any tangible personal property sold by the secondhand dealer or coin dealer when the following are present:
(A) The secondhand dealer or coin dealer has recorded the sale in its book of records.
(B) The record of sale includes:
(i) The name of buyer to whom the tangible personal property was sold.
(ii) The buyer’s address.
(iii) At least one of the following:
(I) The buyer’s telephone number.
(II) The buyer’s email address.
(III) The buyer’s electronic address for receiving text messages.
(2) In documenting the record of sale as set forth in paragraph (1), the secondhand dealer or coin dealer shall record the information provided by the buyer and shall not have any duty to verify the accuracy of the information provided by the buyer.
(3) The information collected pursuant to this subdivision shall be retained by the secondhand dealer or coin dealer for 21 days following the date of sale of the property by the secondhand dealer or coin dealer and shall be available for inspection by a local law enforcement agency during this period.
(4) If a sale of property is made pursuant to this subdivision, and within 21 days of the sale a local law enforcement agency notifies the secondhand dealer or coin dealer that the property has been reported stolen, the record of the sale and all information contained therein shall be provided to that local law enforcement agency by the secondhand dealer or coin dealer upon written request by that agency.
(Added by Stats. 2018, Ch. 184, Sec. 2. (AB 1993) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21636.5.

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 dealer.
(Added by Stats. 1989, Ch. 884, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21636.6.

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 license is required without including the license number.
(Added by Stats. 1992, Ch. 647, Sec. 3. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21637.

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 pertaining to or covering the reporting, holding, or releasing of tangible personal property, not inconsistent with the provisions of this article, except that no city, county, or city and county or any other state agency shall adopt the following:
(a) Holding, reporting, or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals.
(b) Identification, holding, or reporting requirements for the acquisition of tangible personal property, in the ordinary course of business, by pawnbrokers and secondhand dealers, other than as set forth in Sections 21628, 21630, 21633, and 21636 of this code, and commencing July 1, 2010, Section 21628.2 of this code, and Section 21208 of the Financial Code.
(Amended by Stats. 2009, Ch. 335, Sec. 7. (SB 449) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21638.

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 to a secondhand dealer or coin dealer which is not inconsistent with the provisions of this article, except that no city, county, or city and county, or any other state agency shall adopt the following:
(a) Holding, reporting, or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals.
(b) Identification, holding, or reporting requirements for the acquisition of tangible personal property, in the ordinary course of business, by pawnbrokers and secondhand dealers, other than as set forth in Sections 21628, 21630, 21633, and 21636 of this code, and commencing July 1, 2010, Section 21628.2 of this code, and Section 21208 of the Financial Code.
(Amended by Stats. 2009, Ch. 335, Sec. 8. (SB 449) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21638.5.

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 pawnbroker with respect to the redemption of personal property by the pledgor.
(Amended by Stats. 2023, Ch. 510, Sec. 91. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 9 - Secondhand Goods › ARTICLE 4 - Tangible Personal Property › Section 21640.

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.
(Added by Stats. 1980, Ch. 499, Sec. 13.)