The following words and phrases, when used in this chapter,
have the meanings in this section unless, from the context, a different
meaning is intended or specifically defined:
"Antique"
means objects of art, bric-a-brac, curios or household furniture
or furnishings offered for sale upon the basis, express or implied,
that the value of the property, in whole or in substantial part, is
derived from its age or from its historical associations. All references
to secondhand personal property or secondhand property in this chapter
include antiques.
"Secondhand dealer" and "dealer"
mean any person who engages in buying, selling, trading,
taking in pawn, accepting for sale on consignment, accepting for auctioning,
or auctioning secondhand tangible personal property, and is further
defined in Article 4 of Chapter 9 of Division 8 of the Business and
Professions Code (commencing with Section 21625).
(Ord. 557 § 3, 2019)
Except as otherwise provided herein:
A. Every
dealer must retain in his or her possession for a period of 30 days
all secondhand property required to be reported pursuant to Article
4 of Chapter 9 of Division 8 of the
Business and Professions Code
and may not remove such secondhand property from the City during the
holding period.
B. The
30-day holding period commences on the date that the dealer files
the report of acquisition required by this section with the Sheriff.
Before the end of the 30-day holding period, the Sheriff may release
or conditionally release any secondhand property required to be held
by this chapter, if after an inspection the Sheriff is satisfied that
the secondhand property is in the lawful possession of the secondhand
dealer.
C. This
section does not apply to secondhand property that a dealer has acquired
from another person who held the secondhand property for the period
prescribed by such laws. The dealer acquiring such property must,
upon demand by the Sheriff, present records that such secondhand property
was held for the required period.
(Ord. 557 § 3, 2019)
A secondhand dealer must not clean, alter, repair, paint, change
or allow any secondhand property to be cleaned, altered, repaired,
painted or changed until the secondhand property has been held for
the time required by this chapter or unless released by the Sheriff.
To the extent required by law, a dealer must expose secondhand property
to public view during business hours for the duration of the holding
period or until released by the Sheriff.
(Ord. 557 § 3, 2019)
The Sheriff may place a hold-order for a period of 90 days on
any secondhand property acquired by the secondhand dealer, and upon
release of such property, the Sheriff may require the secondhand dealer
to keep a true record of the secondhand property, the name and address
of the person to whom the property was sold, and a record of any other
method of disposition. The secondhand dealer must keep any record
required under this section for three years.
(Ord. 557 § 3, 2019)
The following are excluded from the operation of this chapter:
A. Secondhand
motor vehicles, whose transfer is required to be made a matter of
record with the California Department of Motor Vehicles pursuant to
the
Vehicle Code, except that dealers' records of purchases
and sales within the City must be open to the inspection of the Sheriff.
B. Receipt
or sale of secondhand property by any person who received the secondhand
article as part payment of a new article, if such person is the authorized
representative or agent of the manufacturer of or regularly deals
in the new article.
(Ord. 557 § 3, 2019)