California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 22 - California Pawn and Secondhand Dealer System (Capss) › Article 1 - Chapter Definitions › Section 999.500 - Chapter Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply to this chapter:
(a) "Article field descriptor," as used in this
				  chapter and Business and Professions Code section
				  21628,
				  subdivision (a)(1)(B), means the preset descriptive categories denoting tangible
				  personal property developed by the Department.
(b) "Department" means the California Department
				  of Justice.
(c) "Identification number"
				  means the identification, serial, or other identifying number on the face of the
				  identification presented by the intended seller or pledger.
(d) "Intended seller or pledger address" means the
				  dwelling the intended seller or pledger considers their established or principal
				  home and to which, if absent, they intend to return. It can be real or personal
				  property, fixed or mobile, and located on land or water.
(e) "Licensing authority," as used in this
				  chapter, Business and Professions Code, division 8, chapter 9, article 4, commencing
				  at section 21625, and Financial Code, division 8,
				  chapter 3, commencing at section
				  21300, means the police department or
				  sheriff's office issuing the pawnbroker or secondhand dealer license.
(f) "Model" means model name or number of the
				  tangible personal property.
(g)
				  "Owner-applied number," as used in this chapter and Business and Professions Code
				  section
				  21628,
				  subdivision (a)(1)(A), means a number permanently affixed by the owner on the
				  tangible personal property.
(h) "Person
				  taking the information," as used in this chapter and Business and Professions Code
				  section
				  21628,
				  subdivision (e)(1), means the store representative taking and verifying the intended
				  seller or pledger's information and obtaining the property description
				  information.
(i) "Plain text
				  description," as used in this chapter and Business and Professions Code section
				  21628,
				  subdivision (a)(1)(A), means a property description generally accepted by the pawn
				  and secondhand industry that conveys to a reasonable person the clear nature of the
				  property. The "plain text description" entry shall not make reference to the "plain
				  text descriptor."
(j) "Plain text
				  descriptor," as used in this chapter and in Business and Professions Code section
				  21628,
				  subdivision (a)(1)(B), and "plain text property descriptor" as used in Business and
				  Professions Code section
				  21628,
				  subdivision (d)(1), means a concise, non-abbreviated, key word(s) property
				  description generally accepted by the secondhand industry that conveys to a
				  reasonable person the clear nature of the property. The "plain text descriptor"
				  entry shall not make reference to the "plain text description."
(k) "Transaction date" means the calendar date the
				  tangible personal property is received by a licensed pawnbroker or secondhand
				  dealer.
(l) "Transaction time" means the
				  Pacific Time Zone time the tangible personal property is received by a licensed
				  pawnbroker or secondhand dealer.
(m)
				  "Transaction type" means pawn, buy, trade, consign, or auction.
(n) "United States" means the 50 States, the
				  District of Columbia, and any territory or possession of the United
				  States.
1. New chapter 20
					 (articles 1-3, sections
					 999.500-999.506), article 1 (section
					 999.500) and section filed 10-11-2019;
					 operative 1-1-2020 (Register 2019, No. 41).
2. Renumbering of former
					 chapter 20 (articles 1 and 3, sections
					 999.500-999.506) to new chapter 22 (
					 articles 1-3, sections
					 999.500-999.506) filed 11-19-2019;
					 operative 1-1-2020 (Register 2019, No. 47).
3. Amendment of subsection
					 (e) filed 4-13-2022; operative 1-1-2023 (Register 2022, No. 15).
4.
					 Change without regulatory effect amending subsection (a), repealing subsection (c),
					 relettering subsections and amending newly designated subsections (g)-(j) filed
					 3-27-2023 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2023, No. 13).
Note: Authority cited: Sections
						21628,
						21628.2,
						21630,
						21636,
						21641,
						21642
						and
						21647,
						Business and Professions Code; and Sections
						21300,
						21301 and
						21303, Financial
						Code. Reference: Sections
						21625,
						21628,
						21628.2,
						21630,
						21636,
						21641,
						21642
						and
						21647,
						Business and Professions Code; and Sections
						21300,
						21301 and
						21303, Financial
						Code.