The URL can be used to link to this page

Home My WebLink About6.08 Ord for Secondhand Dealers and Junck Dealers CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 9, 1987 SUBJECT ▪ PUBLIC HEARING: Ordinance Relating to Secondhand Dealers and Junk Dealers EXHIBITS ATTACHED ▪ 1. Memorandum from Assistant City Attorney dated February 13, 1986 2. Memorandum from Assistant City Attorney dated December 15, 1986 3. Draft Ordinance 4. Business and Professions Code Sections Regarding Auctioneers, Junk Dealers, Secondhand Dealers, and Swap Meets RECOMMENDATION U Open Public Hearing �fj.�� Receive Staff Presentation Hear Public Testimony Close Public Hearing Waive Reading and Adopt Ordinance FINANCIAL STATEMENT ▪ The amount of a license fee will have to be established at a later time by resolution. DESCRIPTION On January 26, 1987, the City Council introduced the Ordinance requiring secondhand dealers and junk dealers to comply with State Law and the City's Zoning Ordinance. The Ordinance would replace Title 2, Chapter 5 of the Alameda County Code, which the City adopted by Ordinance No. 13-82. The Ordinance would not in any way change the State regulations or the Zoning Ordinance. In response to the City Council request, copies of State Licensing Requirements for 1) "auctioneers and auctions" , and 2) "secondhand dealers" are attached to the Staff Report. In addition, copies of State Laws requiring reports from 1) "junk dealers" and 2) "swap meets" are also attached. At the previous City Council meeting, questions were raised about garage sales and indoor flea markets. Regarding garage sales, the Zoning Ordinance would generally allow up to 6 within any 12 month period, subject to standard regulations for Home Occupations. More than 6 garage sales within any 12 month period would be considered retail sales and not allowed in residential districts. This is consistent with the State definition of "swap meet" , which includes any event at which used personal property is offered for sale if such event is held more than 6 times in any 12 month period. Regarding indoor flea markets, the Planning Staff and City Attorney's Office • have determined that such a use does not fit under any definition in the Zoning Ordinance. Staff notes that the State definition of "swap meet" would include an indoor flea market. As part of the Zoning Ordinance Revisions, Staff plans to address indoor flea markets/swap meets. The Zoning Ordinance Revisions should be ready for public hearing later this year. • ITEM NO. COPIES TO: Planning Department The Zoning Ordinance provides that, where a use is not listed, the Planning Department may refer the matter to the Planning Commission for determination. The Planning Commission would then need to compare the nature and characteristics of the use with those listed in the Zoning Ordinance. As an alternative, the City Council could direct the Staff and Planning Commission to consider a Zoning Ordinance Amendment to address indoor flea markets/swap meets. Staff recommends that the City Council waive the reading and adopt the Ordinance regarding secondhand dealers and junk dealers. Indoor flea markets/ swap meets will be addressed as part of the Zoning Ordinance Revisions unless the City Council directs otherwise. • ITEM NO. COPIES TO: Planning Department NAVE & SILVER • OAKLAND OFFICE ATTORNEYS AT LAW MICHAEL R.NAVE 4014 LAKESHORE AVENUE - ELIZABETH H.SILVER 1220 HOWARD AVENUE.SUITE 250 OAKLAND.CALIFORNIA 94610 P.O..BOX 208 TELEPHONE:1415)420.7855 BURLINGAME. CALIFORNIA 9401.1.0208 REPLY TO Oakl a 1f1 (415) 348.7130 - MEMORANDUM TO: Richard Ambrose, City Manager DATE: 2/13/86 FROM: . Elizabeth H. Silver RE: Municipal Code - Auctioneers (County Code Title 2, Chapter 4) , and Secondhand Dealers (County Code Title 2, .Chapter 5) In our review of the County Code I noted we would keep Title 2, Chapter 4, dealing with auctions and auctioneers. These provisions are no longer necessary. Business and Professions Code § 5700 et seq ("Auctioneer and Auction Licensing Act") provides for the licensing of auctioneers by the, State. It contains detailed requirements for licensing, bonding, suspension and revocation of licenses, etc. Likewise, it is not necessary to require secondhand dealers to obtain permits. Business and Professions Code .§§ 21625 - 21667 require secondhand dealers to obtain a license from the Chief. of Police. These sections require retention of goods, reporting, etc. Although a city can enact an ordinance dealing with reporting, holding or releasing of such goods, such an 'ordinance cannot be inconsistent with State law. It does not seem necessary to me to duplicate the State law. ' I would suggest we include a section in the Municipal Code indicating that auctioneers and secondhand dealers are subject to State licensing requirements and specifying that any such " businesses must comply with the City Zoning Ordinance. This will assist City staff and the public in determining what requirements apply to auctioneers and secondhand. dealers. Attached is a suggested ordinance. 4(-t Elizabeth H. Silver EHS/cda Attachment cc: Tom Shores, Chief of Police w/attachment ti4 i 2 NAVE & SILVER MICHAEL R.NAVE ATTORNEYS AT LAW . EAST BAY OFFICE: :ELIZABETH H.SILVER 1 220 HOWARD AVENUE, SUITE 250 CIVIC CENTER COMPLEX P.O. BOX 208 835 E. 14TH STREET SAN LEANDRO.CALIFORNIA 94577 BURLINGAME. CALIFORNIA TELEPHONE:U151 577-3333 94011-0208 (4151 348-7130 REPLY TO San Leandro MEMORANDUM TO: Richard Ambrose, City Manager DATE: 12/15/86 FROM Elizabeth H. Silver RE: Secondhand Dealer Ordinance Attached is the Secondhand- Dealer Ordinance with revisions. Business and Professions Code §§. 21641 and 21642 do require the Chief of Police to issue an initial license and a renewal license. The fee for the initial license is established by the Department of Justice and the fee for the renewal license is set by the City. Since the procedures for issuance of the license are, set forth in these sections of the Business and Professions Code, I revised the ordinance to refer to them specifically. Elizabeth H. Silver . EHS/cw Attachment • • RECEIVED DEC 1 713 5 ORDINANCE NO. - 87 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO SECONDHAND DEALERS AND JUNK DEALERS • The City Council of the City of Dublin does ordain as follows: Section 1 . Anyone wishing to conduct the business of . secondhand dealer or junk dealer within the City of Dublin shall • comply with the requirements of State law (Business and Professions Code §§ 21600 et seq. ) and the City Zoning Code. Any such person wishing to conduct the business of secondhand dealer shall, obtain a license and renewal license from the Chief of Police in accordance with the provisions of Business and • Professions Code S§ 21641 and 21642. Section 2. The amount of any license renewal fee for conducting such business shall be established by resolution. Section 3. This Ordinance shall supersede the provisions of Chapter 5 of Title 2 of the Alameda County Code, as adopted by Dublin Ordinance No. 13. Section 4. This Ordinance shall take effect and be in force thirty (30 ) days from and after the date of its passage. The City. Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the • State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of , 1937 , by the following vote: AYES: NOES : ABSENT: Mayor ATTEST: 11-^""7,71 5;1 7 f. .?Fga TRa City Clerk - - . § 5680.2 BUSINESS AND PROFESSIONS CUI)1•: 'BUSINESS AND PROFESSIONS CODE § 5701 1 _} `'t , •t.No fact,circumstance,or condition exists which;if the certificate were issued,would justify • RTICLI 7. TEMPORARY PROVISIONS [REPEALED] E r; iL re . anon or suspension, Article 7 lam' b Slals.1983, c. 6'.., � ; i , n; :: 4 b ear licant pays all of the fees which would be required of the applicant if the a lican ere 4'�c then al ying for the certificate for the first time, and t � �"s'Se"� ' % ,,., ,r § 5685. Repealed by Stats.1983 c. . ,, ,.. c The • .rlicant takes and passes the examination which would be required of the a li•'.ut if the to become fi 't, (,,t' :°" . j .:.••, isx ,,-^: y applicant w then applying for the certificate for the first time, or otherwise establi es to the Repeal of Ihi. 312 of Stats.1978,c. 1161,p. Stats:1978, c. 757, p. 2368: § eo w t x applicant is qualified to practice landscape architect e. ...••r.mated to the repeal of Chapter 3.5 by operative. See note under§ III. a , • ; ,,tr,z� l 4.: satisfaction o • he board that the app q P '"dare•.• • . n a .,�-y` The board ma• by regulation,authorize the waiver or refund of all or any part of . • examination ?;,,, n fee in those cas in.which a certificate is issued .without an examination u r this section. CHAFFER 3.7. AUCTIONEERS AND AUCTIONS f '•fi r • ,r-� .. y.,:" •: (Amended by Stats. '.83 c. 699, 9. . Section 2 :-.7,, � s. i to fly u Article .,, .•* 1983 Amendment. Deleted s .d. (a), releltercd former 1 General Provisions 5700 u.ik u ,g ri p ?� 0+� Amendment dment of 5710•r Amendment of this.sedio by § 311 of Stats.1978, c. subds.(b)to(d)as subds.(a)t c); and neutralized gender do r :34" ; ,r`,a' `+,•(l. 1161, 3685,was subordinate• the repeal of Chapter 3.5 references. .' L mini 1 Ja - - -• 3 5730 °�„ ,. fA.13; X�x"a3t 1 i .M by Stats.1978, c. 757, p. 2368, • , and failed to become 3:5. Lonning 5760 ` 5770 F ',14,,,A6-'41'a �'r ;. V: g...; operative.' See note under§ Ill. q, Conduct of Business and Prohibited Acts 5780 r<r , , 't`„?y'%43= A`� ,,, - ,, • 5. Citations and Administrative Fines 4 : y�ir,. `'.s” § 5681.. Fees; examination ap ications; certificates; renewals; d r nquencies; penalty g, Dental,Suspension,and Revocation of Licenses 5785 R " _' 7. � Revenue is w �; �6+t�- F .. • The amount of fees prescribed this chapter is that fixed by tl following schedule: C, ; 5790 ; ti<t�� % a Chapter 3.7 was added by Stnls.1982, c. 1499, P. 5809, § 1: s �}-y A.,r,., l F r ; (a) The application fee for examina •r n shall be fixed by the.bo• d an amount not to exceed' ' "A*'1 i -.-c r , two hundred twent five dollars $225. r; ARTICLE 1. GL NERAL PROVISIONS z R. {r.{ :c y^ ' ,, (b) The fee for an original certificate t an amount equal to e renewal fee in effect on the last a r tx 1 regular renewal date before the date on w • h the certificat• issued, except that if the certificate ' w ;, r r xc,t, 1 is issued less than one year before the date o which it will pire,then the fee is an amount equal to • Section• �- 50 percent of the renewal fee in effect on the J.regular enewal date before the date on which the . 5700. Short title. �d• -4. -x r'i certificate is issued. The board may,by approp •to re• lation, provide for the waiver or refund of ` '5701. Definitions. ' ,z.7.'.''..'••;, •',1:.- z the initial certificate fee where the certificate is i e• ess than 45 days before the date on which it Article 1 was added b�Stafs.1982, c. 1499, p. 5809, § 1. s , r• will expire. ' 'k1. .: . (c) The fee for a temporary certificate shall be a the board in an amount not to exceed fifty § 5700. Short title•g' ri "•" aT 4 a dollars ($50). . This chapter shall be known and cited as the Auctioneer and Auction Licensing Act. ^, " u` ;" (d) The fee for a duplicate certificate sha re fixed 1 the board in an amount not to exceed , (Added by Stats.1982, c. 1999, p. 5809, § 1.) f ; r• twenty-five dollars ($25)• c; "1h (e) The renewal fee shall be'fixed by a board in such a ,oust as it determines is reasonably Library References ..,` necessary to provide sufficient funds to .rry out the purpose r this chapter,but not to exceed„' i Auctions and Auctions and Auctioneers s =1 t§s 3.. ; r' �::' i two hundred dollars ($200). .t , r.. twst4 (f) The penalty for failure to noti the board of a change of add s within 30 days from an actual 5701. Definitions change in address shall be fixed r• the board in an amount not to : ceed twenty-five dollars ($25). • § tin a,z As used in this chapter: ”` 3,,.,..“. (g)The delinquency fee shat of exceed twenty-five'dollars ($25). • t^" •'�h ' (h) The fee for a branch o ce shall be fixed by the board in an amou not to exceed twenty-five . (a) "Advertisement" means any of the following: L `k'1 ""` dollars ($25). (1) Any written or Printed communication for the purpose of soliciting, describing, or.offering to lit °�� :' 15, 2261, ; practice auctioneering or auction company services, including any brochure, pamphlet, newspaper, i`! tilt. a':::'.,,,,::.3 . (Amended by Stats.1976 458, p. 1193, § 1, urgency, eff.July lv, 1976; S• ts.1977, c.703, p. p l.. • t� rY § 1; Stats.1978,c.757 ).2368, § 2; .Stats.1980.c. 1210,p.4089, § 1; Stats.1 ' ,c:726,p.2898,§ 1, periodical, or publication. - 4"L�Y urgency, eff. Sept. : 1982.) r (2) A telephone or other directory listing caused or permitted by a licensee to be published that taitw `i. .) indicates the licensee's offer-to practice auctioneering or auction company services. - `• „ '., 1977 A0 from n Increased the maximum fee in subd. 1980 Amendment. Increased the •axim a fee in subd (3) A radio, television, or similar airwave transmission that solicits or offers the practice of ®tas l ':'�•,�! - - (e)to$120 from 5. (a) from $75 to $125; and increased a maximum fee in f auctioneering or auction company services. ,;;,. 1978 Amend, 'nt. Added subd. (h)and rewrote subds: subd.(e)from$120 to 5150. j b "Auction" means a sale transaction conducted by means of oral or written exchanges between •j ,,;t �� (c),(d),(Q a (g)which previously provided: . 1982 Amendment, Substituted in an a •unt not exceed u °:' •'(c) T ee'fora temporary certificate is twenty-five two hundred twenty-five dollars (5225)'. for in such ' an auctioneer and the members of his or'her'audience, which exchanges consist-of a series of •,. invitations for offers for the purchase of goods made by the auctioneer and offers to purchase made �„ dollars ,5). amount as it determines is reasonably necess to provide .,, "(d) 'he fee for a duplicate certificate is five dollars($5). sufficient funds to carry out the purpose of this .apter,but �, by members of the audience and culminate in the acceptance by the auctioneer of the highest or most . i. F The penalty for failure to notify the board of a not to exceed one hundred twenty-five dollars 125)" in favorable offer made by a member of the participating audience. E,, ., c 1, ge of address is five dollars($5). subd.(a); and substituted a reference to$200 for a Terence "Auction company" means any person who • • ' arranges, manages, sponsors, advertises, . Lei'(g)The delinquency fee is ten dollars($10)." to$150 in subd.(e). 1 accounts for the proceeds of, or carries out auction sales at locations, including, but not limited to, ice, `. _ art°nr `'. § 5701 BUSINESS AND PROFESSIONS CODE BUSINESS ANI) PROFESSIONS CODE § 5715 C 1' ., ., ` _' ibrary References i any fixed location, including an auction barn, gallery, place of business, sale barn, sale yard, sale. • rj 1. actions and Auctioneers C=1. a pavilion, and the contiguous surroundings of each J.S. Auctions and Auctioneers§ 3.. ,. . y . • • • , Y; >„ =5-.4'''','.;' � - (d) "Auctioneer"means any individual who is engaged in,or who by advertising or otherwise holds . § 571 Membership m,:,Y; --.,;.t,•.,•,.;, himself or herself out as being.available to engage in, the calling for, the recognition of, and the All pe ons licensed ' ' ' pursuant to this chapter shall be members of the commi .on. • • r acceptance tance of, offers for the urchase of oods at an auction: - P purchase goods (Added by •ts.1982, c. 1499, p. 5810, § 1. Amended by Stats.1984, c. 1676, p. —, § 3) ra tL.`• - (e) '.'Board" means the Board of Governors of the California Auctioneer Commission. ' .t.l 1�' "Commission" means the California Auctioneer Commission. Library Referen % Auctions and A tioneers.2=4. i5 x r' s (g) "Employee"means an individual who works for anemployer,is listed on the employer's payroll C.LS. Auctions an Auctioneers§ 4. ii - records, and is under the employers control. s "-4'; r H (h) "Employee means a person who employs an individual for wages or salary,lists the individual it O P Y § 5712. Powers an, duties. �.i s< '- on the person's payroll records, and withholds le all required deductions and contributions. g Y a ' T,t; The commission has ierpetual succession and a seal. It may sue and • sued. It may own .,7,-.; (i) "Executive officer" means the Executive Officer of the California Auctioneer Commission. property, make contracts and do all other lawful acts necessary or expedie for the administration s ,,F, `'. "Goods" means any goods, wares, chattels, merchandise;or other personal property, including • of its affairs. �'w v +gip domestic animals and farm products. The commission may acce gifts, bequests, and other charitable do ions. ;� t,:; ', L "Licensee" means any person licensed under this chapter as an auctioneer or auction company, -�7 •• s (Added by Stats.1982, c. 1499, p. 810, § 1. Amended by Stats.19' , c. 1676, p. —, § 4.). • i t.. l D "Person" means an individual, corporation,partnership, trust, including a business trust, firm, .:a association, organization,or any other form of business enterprise. § 5713." headquarters; branch of es 1,. ;••,....,;7.;-:.;•,-.-1'1,7:‘,:f.,••;. ° (m) "Pocket card" means a certified copy of an auctioneer's license, issued by the commission, ` The headquarters office of the corn .sion shall be in the y of Sacramento, California. Branch , \;;, •L,....,;-;1::.,;` ,•_), c t which shall include a photograph of the auctioneer, and which is the property of the commission. • offices may be established in other loca'ins in California deemed necessary by the board • ' '. .1'7:1'....7-r; c (Added by Stats.1982, c. 1499, p. 5809, § 1. Amended by Stats.1984, c. 1676, p.—, § 1.) (Added by Stats.1982, c. 1499, p. 5810, § Amended by .tats.1984 c. 1676, p. —, § 5) ". j 5714. Board of governors; powers and , hies >,"` , '.-e' ARTICLE 2. ADMINISTRATION • § } ''w` .1 5= . ( (a) The powers conferred on the commissi . . •lI be exercised by its board of governors, t. 0 ,y Sec • hereinafter called "the board," and the board is rged with their administration. �, Cl 5710. lifornia auctioneer commission. '• o •`x ti, `.,•„, 5711. Me rship. (b) The board ' ' ' shall govern, control, an'.: mister the affairs of the commission,and shall • 'F; `4 i'',5 W • 5712. Powers . d duties. exercise all rights and powers vested in it by is c •,ter. :;. • , :••,:..',f'•••• 5713. Headquarte • branch offices. , p p P P ) " �m, ; Y q (c) The commission is invested with all d ies owe ur oses, res onsibilities, and jurisdiction :;)fjr� F}s r� s• 5714: Board of Bove s; powers and duties. regarding auctions and auctioneering in C ifornia. No , er agency, or political subdivision of the '•�-•q- ,.rx ,,t. 5715. Board; membershi ualifications; terms; removal. state, shall impose on a licensee or sell at auction any r istration or license requirement or-any .4-`,,r"7""••'- '4-'i `t 5715.1. Council of advisers. license or employment fee or charge account of a. lion activities. No provision of this ' P'1'0"` 571b.2. Board meetings; election . subdivision or chapter prohibits any ity or county, or city at county, from imposing a business ,^4 }1'11; �r,, 5716. Officers; terms; duties. license fee on a licensed auctioneer .r auction com,an whose manent ,lace of business as filed t:» i1 te 5717. Rules and regulations. with the commission is located i=• hat city or county; or city and ounty • tt ur ,f ? 5717.1. Auctioneer commission fund; exile es of b members. . 5717.2. Executive officer for commission. (Added by Stats.1982, c. 1499, . 5810, § 1. Amended by Stats.198•, c. 1676, p. —, § 6) s 'r;';�? `x t!" 5717.3. Appointments; assignment of duties. • ensation• Library References �* ? t•,,••,,-,,-),. .;,-4t, 5717.4. Rules,of professional conduct. •" " c' -` .-. _ 5718. Disciplinary review committee,• embership• ., ensation• removal; functions. Auctions and Auctioneers C= . P Y � ' ' C.J.S. Auctions and Auctio ers§ 3. ti�r,, , a� 3''} "x,'''K 5719. Meetings; quorum; closed sions. =•1 �' �k ; +r,i 'g`'ar 572.0. Regulations defining br es of auctioneering. kt Its , 1 qf� 5721. Administration of o. ' ; taking of evidence. § 6715. hoard; nbership; qualifications; terms; removal • x 5722. Record of applic• s; roster of members; filing copies o aster; public records. •' e w,,, +y„ti �, •' (a) The busine•. of the commission shall be administered by the board,which sha consist of seven ',`,`:,,, i°,u* 71r. �-. 5723. Repealed. members. Ea member of'the board shall be a citizen of the United States. Exc for the first �< r9`:`: ";rr } ''Vi 5724. Biennial r.•art of board of governors. members app• nted to the board,three members of the board shall be licensed under thy hapter and " " ' �x�` >�'¢ four memb• s shall be public members. � 1Y.�y°'" '[t 4 Article 2 was added by Stats.1982, c. 1499, p. 5810, § 1. 1• • , 2;,ii ,, ,,0 The bers of the first board appointed shall consist of three members represen g the auctio, ering industry and four members representing the public at large. I s.`fl'caw Y ,1 , § 5710 alifornia auctioneer commission g y •, =r� , ••, t� ' ere is hereby created a public corporation to be known as the California Auctioneer Comm ion, he Governor shall appoint the first members'of the board within 60 days from the effec• e• , 'ms•".t)IPTPA',. 1 d • of this chapter and the board shall hold its first meeting within 30 days after all the init.' tar-,t` ,,r{n ,va,w, ereinafter called_the commission." ■ =tubers are appointed. • rL, 3.•,ms.-,",�7 1.;wu, ,1,;.. (Added by Stats.1982, c.,1499, p. 5810, § 1. Amended by Stats.1984, c. 1676, p: —,'§ 2.) 71;trZ4 i :I *Y x .6 ! § 5724 1 L. Ah* i r § 5718 BUSINESS AND I'ROIi SS1ONS COD 3lJSINI:SS AND 1'ROh'i;SSIONS COD!' i.yt`,�;. —44,..ls fora term of.two years, and no member may serve more than two consecutive terms. The and shown he names • ' ' addresses,and telephone numbers of;lll licensees. '1`he tele thane nl er t,,,ife .t it :} nay remove any member of a DRC for misconduct, incompetence, or neglect of duty. Ina be of ' ed from the director u�ton rec nest of the licensee. -- `' "''''1� c 4'- he DRCs shall perform all of the following functions: A copy of tit +ster shall be filed with the Secretary of State and with the clerk of county in 'J�:t t 'l=t the state, and a co. .f the roster shall be furnished-to each licensee. Copies of t roster shall be • r�Y:t-iika1 G � _, boa (. Affirm,rescind,or modify all appeals concerning administrative fines assessed by t . executive available on applicatio the executive officer, at a price per copy that Copies t s the commission l L t�.'a4�`zi; , offic for the cost of publication. At} ties t-f6 .z: . � '..' };4 (b) A irm, rescind, de modify all appeals concerning denial of licenses issued b the executive All records of the commissi' shall be public records except cod' Itial letters of reference, ter, ,;'_: officer, a luding any denial ordered'by the board in accordance with Chatter 5 •,mmencin with a�i,�" k�•_ . • f"t [ g examination material • • 'L'and ' • investigation files. 21.) ,4) •t, Section.11 )) of Part 1 of Division 3 of Title 2 of the Government Code. (Added b Stats.1cJ82 c. 1499 p. 58 • 1. • Amended by Us.1984; a 1G7G, p. § + w' k,?414 N ti j F (c) Upon re, lest of the executive officer, affirm, rescind, or modify any dec on by the.executive y' ,'` ".-`�"�.A' '�. +nf�k h � 5723. Repealed by.Stats.1984, c. 1676, p. § 22 � °s,`, •l: _�:' s , 3C � officer to initia• disciplinary action against a licensee. § srrF` �_ra (Added by Stets. ':4, c. 1976, p. —, § 17.) , now, § 5736. r• x , 1� ,,, The repealed section, added by Stats.1982, c. 1499, p, i�� r 5813,'§ 1, related to persons holding tempor.:ry authorize- �t,v n .�.;:, Sec, now, § 5715. y�,,. �� s�'� 19B4 Ixgislation. � lion to practice. .- M,.4". Former § 5718, added b Stats.1982, c. 1499, p- 5813, tat) • 4, § 1; relating to the remo%a f board members,.was re- t .'a�, � pealed by Slats.1984,c. 1676, —, § 16. . § 5724. Biennial report of board of •ernor•s �h r. c 1' :gt.„ Within • 30 days trier Lo Lhe mee ' g of the 11crul session of the I,egis tire,the board • ' ' shall ,' 41,W�' `4 § 5719. Meetings; quorum; ,lased sessions submit to the Governor, the , aker of the Assembly, ;tnd the ' ' ` Presi It Pro'1tentpore of the • ' r Notice of all meetings of the b� 21 ` .`. ' shall be governec >y rule of the board ` A majority curia fete statement of t re eceipts and texpenditureslaf the connp sio ncduring theu'ttI'iod including Acopy of r`d�.� of the board .` .' constitutes a qt rum. I r'- 73 +,rr the report shall be fi o with the Secretary of State. ^< "°r,:T 't ` All meetings shall be open and pub except that the ,oard • • may hold closed sessions to do 5813 1. Amended b Stats.1984 c. 1676 p. § 23.) 7,7;:,..1..".74:,'7.'3'.:, ,, (Added by Stets 82, c. 1499, p. r , § y ' { ,`�a't ��.,{fI any of the following: • 7_rs , ,r „ (a) Deliberate on the decision to be reach upon • dence in a disciplinary proceeding conducted in ARTICLE 2.5. LICENSING [REPEALED] accordance with Chapter 5(commencing with ect'. 11500)of Part 1 of Division 3 of Title 2 of the. • Government Code. 1, consistin o 5730 to 5742, was a f ' Article 2.5, added by Stats.1982, c. 1499,p. 5814,.§ 9 f§§•s 0',. s �+oi• (b) Prepare, approve, grade, or administer e a ations. repealed by Stats.1984, c. 1676, p. —, § 24• r 'r i' (c) Consider the appointment, employme , or di issal of an employee or hear complaints or P:•,1 f - charges against the employee. ARTICLE 3. LICENSING . ` r r d Discuss matters that would consti • o to an unwarran l invasion of the trivac of an individual • ' a•t'`• . _licensee or applicant if discussed in a open meeting. Section $ '*_ I,=. (e) Consider any gifts, donations or bequests that the done or proposed donor has requested in 5730. Exemptions.p t. �. �i r„ r_" writing be kept confidential. 5731: Individual licenses, requirements, �: 5732. Examinations.•r7 `• f Confer with le_al coups• re.ardin_ endin.1 liti_ation r en'discussion in oten session 5733. Application for reexamination. M: �1t11. • concerning those matters won , adversely affect or be detrimental the public interest. Litigation 5733.5. Abandonment of application.. '• •'-':''-'1,7'...l'r2 shall be considered pending. Ien a complaint, claim, or petition for it of mandate has been filed' 5734. Nonresidents; waiver of examination. ., , or the threat of liti_ation • imminent in the o inion of the board. 5735. Temporary permits. (Added by Stats.1982, • 1499, p. 5813, § 1. Amended by Stats.19: c. 1676, p. —, § 18.) 5735.5. Reissuance of temporary permits. • �• 5736. Effect of temporary permit. • + 5737. Examination on date other than regularly scheduled date. -...„.,..1,-.,..,...t,',:a § 5720. Regulation. i efining branches of auctioneering 5788 Auction company license; requirements. z ii K t•'* The board ' ' ' ay, by regulation, define the scope of each branch of a tioneering for-which 5738.5. Application for pocket card. ' :;:g.'"'.‘'=,:"`17:'; licensure is prow•d under this chapter, and establish standards for the board a troval of schools 5738. Nonresidents; auction company licenses. -. • ) ,, ,°7 of auctioneerin, 5740. . Notification; misdemeanor and felony convictions. (Added"by S 1982, c. 1499, p. 5813, § 1. Amended by Stats.1984, c. 167: `p. —, § 19) 5741. Truthfulness of application; verification by executive.officer. .,,-,;,21+,,,41:;,-+ 5742." Expiration of licenses.. .-,,.....,•.i,;.-,.; ' xa- 5743. Renewals; requirements. •,'„..r, �C :4 § 5721. A inistration of-oaths; taking of evidence is ,;• i, ,i 5744. Reinstatement following expiration. Any • mbar of the board and the executive officer may each administer oaths and to, testimony ; 5745. Notification of expiration; cessation of display. "'''..,:-.,.:-.4.;;:t.:',;•-,-,:-,1,,--_,',:., , • and ed.epee concerning all matters within the board's jurisdiction. 5746. Exemption for license holders on Dec. 31, 1984. ;. '''''''''''''';at'-'44.,':,'{ � '' (Add•c by Stats.1982, c: 1499, p. 5813, § 1." Amended by Stats.1984, c. 1676,.p. ' § 20•) 5747. Conduct of auction company under name not on record. I, °�G i,) n• rY0i, Article 3 was added by Stats.1984,'c. 1676, p. § 26: i. ap twt-4 ,•_ ,. § l2. Record of applications; roster of members; filing copies of roster; public re ds Former Article,?; Denial, Suspension and Revocation of licenses, ridded by Slats.1982; i r �� T r# ; c. 1676 p. i £d fry,. r+y-.• a, The executive officer shall keep a complete record of all applialtions for licensure and Lhe action c."1X99, p. 5819, § 1, cortsislirtg of§§ 5750 to 575.?, was repealed by Stals.1981r, rt+'n7 i w"'-'i, 'r�` fs?' the board'' ' thereon":uid, between July 1 and December 1 of each year, shall prepare a roster § 25. J -,',%:,:,,.,, r , -.....-,...,„;:,,,,..,,,::::-.,,..1,.," 5730 BUSINESS AND PROFESSIONS CODE BUSINESS AND PROFESSIONS CODE § 5734 + $eg.now.§ 573U. r rcr,•o f x`s 1984 Legislation. , r�L7 �i t § 5730. Exemptions • Former § 5731, added by Stats.1982, c. 1499, p. 5R 14, Derivation: Former§ 5734,added by Stats:19R2,c- 1499, ;;-• n, 34- c No individual may act as an auctioneer and no person may operate an auction company unless that " §epc relating tang to the necessity for an auctioneer's license,was p SR14,:§ 1, amended by Stats.19R3,a 516, p.—, § 2• 'a _r '4 A individual or person holds an unexpired and otherwise valid license issued pursuant to this chapter. '',-.,,:1".",:.1...w. ,../.4.',., However, the requirements of this chapter do not apply to any of the following: ' '' `t - K . § 5732. Examinations (a) An auction of goods conducted by an individual who personally owns those goods and who did x``'k 1•.:1-:.1.•?,'x not acquire the goods for resale. The executive officer shall hold examinations as the board may prescribe, The examination for an • k--;"•°1:,,-..:-.{. (b) An auction conducted by, on behalf of or under the direction of any public authority, political auctioneer's license shall include questions on the applicant's ability to read and write, his or her '1-i.. r candidate-or art church,or charitable organization. However,if the individual conducting the sale ability to call bids, his or her knowledge of sale preparation,.proper sale`advertising and sale �� . party, summary, his or her knowledge of mathematics and accounting n inci Iles, and his or her knowledge S-.r„;c - f receives compensation or by advertising or otherwise,holds himself or herself out as being available Y, 6 g I 1 ' t� to engage in the sale of goods at auction for compensation,that individual shall be required to hold a of the provisions of this chapter, the commission's regulations,and other laws relating to auctioneer- '?,;"' ' g P q ing and auction company services,including,but not limited to the Commercial Code,the Penal Code, ,,e'1%.,0.'' `T-",r _ �;.:. license pursuant to this chapter. - . ' 1' i ,,A, the Vehicle Code, and other applicable state Iaws. • l k (c) A sale of real estate. (Added by SLats.1984, c. l(,7(i, p. —, § 26.) .. z "`°' il t (d) An automobile auction regulated by the Department•of Motor Vehicles, However, an individu- ? c.�i K4f al acting as an auctioneer at any such auto auction shall hold a license as required by this chapter, 1984 Legislation, Si e,now,§ 5738. ' "� .-it-4,i r "4 unless the auctioneer is licensed as a salesman by the Department of Motor Vehicles.and is employed Former § 5732, added by Slits.i982, c. 1499, p. 5814, Dcrivnlion: See Jcrivalirnt under§ 5731. § I,amended by Stnts.1983,c.SIG,p.—,§ I,relating w f ` is it ,-,4,' by the auto auction. 7 6 pry the necessity for an auction house or auction company' eq ;:-rt� a s `7- + �,z;�M r�Y.},t��x"�^ � (e) An auction of livestock in any place designated by the Secretary of the United St<�Les license,was repealed by St:us.19R4,c. Ilse. p. —• § 24. '`. ....N,1.,q r� ,.,__. F Department of Agriculture as a stockyard pursuant to Section 202 of Chapter 9 of Title 7 of the C dr ti '�',t tip'` ' United States Code, The exemption provided by this subdivision shall extend to individuals acting as " ,..: .e. P P Y - § 5733. Application for reexamination - .,,1 x t7 <; auctioneers at any such livestock auction only if the sale is conducted under the jurisdiction of the @��' ip'- ay 'e . 1 United • States Department of Agriculture. An applicant who fails to pass the initial examination may,upon payment of the reexamination fee •r.:-..-•-:s.' . „•r " �'" ^Y n (f) An auction conducted by an owner,as defined in Section 21701,if the goods are being auctioned specified in Section 5791, apply for reexamination on a form prescribed by the board. pti. a to enforce a lien, or a judgment entered on a lien in favor of the owner, on •goods.stored at a (Added by Stats,1984, c: 1676 26,) u•••,•, . , i self-service storage facility, and the lien.is obtained pursuant to Chapter 10 (commencing with Former § 5733,.added by Stats.1982, c. 1499, p. 5814■.1,(- ,.{-t"45.r ,!„.5.,,f,,s Section 21700) of Division 8. 1984 Legislation, Slats.1814 x Section 5733, added by Stats.1983, c. 70, 2, § 1,amended by Stats.1983,c:70,p.—,§ I; ' .• .�,,,•-�;}s}, (Added by Stats.1984, c. 1676, p, —, § 26. Amended by Stats,1985, c. 813, 1• Y Y p' ' § a 516,p.—,§ 1.5,relating to exemptions from licensing, P' § ) operative 7ul 1, 1985, amended h 'Slats.1983, c. 516, s{1-• -4.1,-'1`....--''''>$''',:tv., ,:�"K• -. i.,..`+yh, - '` - § 1,7,operative July 1, 1985, relating to exemptions requirements,was repealed by Slats.1984,c. 1676, p..—, ' , 1, a 1984 Legislation. Former § 5733, added by Slats.1982, C. 1499, p. 5814, § ` :� , °H '' a + I,amended by Stats.1983,c.70, 1; Stats.1983, from licensing requirements, was repealed by Slais,1984,c, r • u " s Former § 5730, added by Stals.19cle c. 1499, p. fated § Y p —•§ 1676,p.—,§ 24,without ever becoming operative. See,now § 5730. • • s i„:;' .,-v .4 . § 1,defining the scope of former Article 2.5,which related a 516, p.—, § 1,5. V`i-F te to licensing requirements, was repealed by Stats.l984, c. g d a Librar References <4.PT°+1 V- - * 1676,p.—, § 24. Y § 5733.5. Abandonment of applicatiorr +r Yt� Z i.51- Air% Derivation: Former§ 5731,added by Stats.1982,c- 1499, Auctions and Auctioneers C+74. 4 r„ , i,� s p.5814, § I. c.].s. Auctions and Auctioneers§ 4. If an applicant fails to complete his or her application within one year after it has been\filed, or i, r f,� i N fails to take the examination within a one-year period after becoming eligible therefor,the application it • /sT 'fst"w iK"I.,.s,erw IP w' r -{ § 5731. Individual licenses; requirements shall be considered to be abandoned. An a lication submitted after the abandonment of a former• �I,Tr3 „ .f.� h i•,�,k, . application shall be treated as a new application and shall be required to meet all of the requirements ') w` `"" ��e1t; its Every individual, before acting as an auctioneer, shall obtain an auctioneer license. An individual for an initial license. _ • • r' s`,,R31„, ,, 'z irk y g • ,; r}� s• ; .�K seeking an initial license as an auctioneer shall meet all of the following requirements: (Added by Stats.1984, c.1676, p. § 26•) Kxt� ;' 1*1 � ` § 5734. Nonresidents; waiver of examination f� (a) Be at least 18 years of age. t ..,.,,,,�E�' ,�r}t r.�s ; us ^i3 �'�'" ^` (b) File with the commission a completed application on a form prescribed by the board. g1y o I�ci t h+yfi The board may waive the requirement that a nonresident applicant pass an examination if the r `s x� s ;;re° � (c) • Pay the nonrefundable examination fee and the nonrefundable application fee specified in nonresident applicant complies with all of the following: F 1. A° ta';ft, Section 5791. (a) Is licensed or registered to act as an auctioneer by the state of his. or her domicile. e*" s ;y (d) Provide proof that the applicant,or his or her employer, holds a valid seller's permit issued by (b) That state's requirements for licensing or registration are at least,as stringent, in the opinion i'. �,` �' �V � °* �. the State Board of Equalization, if applicable. of the board, as those in effect in California, and the applicant meets_all the other requirements set } i ati"iinOi rev (e) Provide one set of fingerprints on a form approved by the Department of Justice and pay the forth in Section 5731: i, £(; Ll � � �cy„� fee specified in Section 5791 for fingerprint processing. (c) Submits with his or her application a duly certified letter of certification issued by the licensing M �� sM (f) photographs P P 4 Y P Y ' n"`'" • i Provide two color of ass ort ualit of the size rescribed b the board. .board of his or her domiciliary state,. i 1 - , • i� :74) .5 (g) Pass an examination prepared by the board. (d) Includes with his or her application an irrevocable consent that actions may be commenced ,,, }v ) �x Vii: ` . against him or.her, The consent shall stipulate that service of process or pleadings on the board z,. rA tit (h) File a surety bond in the amount and form prescribed'in Article 3.5(commencing with Section g p p ill ..ar x1 s -1 shall be taken and held in all courts as valid and bindin as if service of rocess had been made u on i. , ,'4, ",,"4,, ` xwr l o, 5760). the applicant personally within this state. If any process or pleading mentioned in this subdivision is 1 v k. •4''";•x'9 '< " ' . served upon the board, it shall be by duplicate copies, One of the duplicate copies shall be filed in• i-Aset.V tfI..,, • d Pay the license fee and pocket card fee specified in Section 5791. P• ,,..s.4-,,,,•;,;,i.4.1.-g,' r-4,.' r1Nl r x� r (Added by Stats,1984, c. 1676, p, —, § 261 the Sacramento office of the commission and one shall be immediately forwarded by the executive sz eatnrlaka • • • Indicate deletions by amendment i• ` 1 ' a 5734 BUSINESS AND PROFESSIONS CODE § 5740 r _.,,-,e,,,-,.., BUSINESS AND PROFESSIONS CODE tiA f R ,officer by registered or certified mail to the applicant against whom the process or pleadings are see, now,§ 579t. $ directed. 3• 1 . - (Added by Stats.1984, c. 1676, p. —, § 26.) - `. tli j v § 5738. Auction company license; requirements M1 '.f_ s,' 1984 Legislation. See,now,§§ 5731,5732,5734 to 5736,5742,5744,5745. Every person,before operating an auction company,shall obtain an auction company license. This ' f;'', r r *' Former § 5734, added by Stats.1982, c. 1499, p. 5814, Derivation: See derivation under§ 5731. provision does snot apply to an individual who is a licensed auctioneer and operates an auction x'}t-..�r6!%k t, r § 1,amended by Stats.1983,c.516,p.—,§ 2,relating to �,iNry 4 .• ; licensing requirements for auctioneers, was repealed by company as a sole proprietorship. A person seeking an initial license as an auction company shall t ` �� •, *• {`+ Stats.1984,c. 1676, p.—, § 24. meet all of the following requirements: .- 1 . : ',......i.,`, P°,a5' (a) File with the commission a completed application on a form prescribed by the board. ,;, r•a` 5734.5. Repealed by Stats.1984 c. 1676, 24 ' (b) Pay application specified , ,%;;;;,..".:-- -..:''::;.`j , § P Y p•—, § . b Pa a nonrefundable a lication fee and the license fee in the amounts s ecified in Section +. �; 5791. r �t,pJ tr, 4• The repealed section, added by Stats.1982, c. 1499, p. See,now,§ 5740. i 's?�x¢Y t f 5816, • § I, related to notice of felony convictions of license (c) File a surety bond in the amount and form prescribed in Article 3.5(commencing with Section ,-�'I." ' "`; applicants. 5760). p 1 .4,..:t44.11:',".."..." n 4 ' "y (d) 'Provide proof that the applicant holds a valid seller's permit issued by the State Board of j;'', ; r § 5735. Temporary permits Equalization. � 'II 1 z r't ; ' ' ' Upon compliance by the applicant with the requirements of Section 57311 except subdivision - (e) Provide one set of fingerprints for each owner, partner, or.officer, as applicable, on a form ;,f: i' .; (g), the board may issue a temporary permit authorizing the applicant to practice auctioneering, approved by the Department of Justice, and pay the fee specified in Section 6791 for the processing :i:. pending the results of the first licensing examination administered after the date of application. The of each set of fingerprints except for any such owner, officer, or partner who is a licensed temporary permit of an applicant who fails,or who does not appear at the examination for which he auctioneer. or she is scheduled shall be void upon receiving notice thereof ' '. (Added by Stats.1984, c. 1676, p. —, § 26. Amended by Stats.1985, c. 813, p. —, § 2•) '• (Added by Stats.1984, c. 1676, p. —, § 26. Amended by Stats.1985, c. 813, p. —, § 1.5.) Derivation: Former§ 5732,added by Stats.1982,c. 1499, Library References " 1984 Legislation. Derivation: See derivation under§ 5731. • P. 5814, § 1, amended by Stats.1983,c. 516, p.—, § 1. Auctions and Auctioneers€=.4. •',c r•:., Former § 5735, added by Stats.1982, c. 1499, p. 5816, • Former § 5736, added by Stats.1982, c. 1499, p. 5814, CIS.Auctions and Auctioneers§4. § 1, relating to auction house licenses,.was repealed by § 1. i. Stats.1984,c. 1676, p.—, § 24. . t; . § 5738.5. Application for pocket card - ,i. § 5735.5. Reissuance of temporary permits '•{ : Each owner, partner, or officer of an auction company may apply for a pocket card by providing ■ Upon • written application, the board may reissue a temporary permit to any individual who in the two color photographs of passport quality of the size prescribed by the board and paying the pocket ; judgment of the board, has been excusably delayed in completing his or her application. The board card fee.specified in Section 6791. ".: may not reissue a temporary permit more than twice to any one individual within a five year period. (Added by Stats.1984, e• 1676, p. —, § 26•) (Added by Stats.1984, c. 1676, ,. • §-5739 Nonresident; auction company licenses § 5736. Effect of temporary permit • The board shall issue an auction company license to each nonresident applicant who complies with ,.'1...,,, A temporary permit has the same effect as a license and subjects the permittee to the same the requirements of Section 5738 and includes with his or her application an irrevocable consent that J :,`; ' obligations as if he or she had obtained a license under this chapter. However, a temporary actions may be commenced against him, her, or them. The consent shall stipulate that service of f , permitholder shall not be a member of the commission, nor shall he or she be listed in the roster. process or pleadings on the board shall be taken and held in'all courts as valid and binding as if I (Added by Stats.1984, c. 1676, p. —, § 26) service of process had been made upon the applicant personally within this state. If any process or . {; pleading mentioned in this subdivision is served upon the board,it shall be by duplicate copies. One ` 1984 Legislation. Derivation: Former§ 5723 added by Stats.1982,c. 1499, of the duplicate copies shall be filed in the Sacramento office of the commission and one shall be Former § 5736, added by Stats.1982, c. 1499, p. 5817, p. 5813, § I. immediately forwarded by the executive officer by registered or certified mail to the person against ' § 1, relating to auction company licenses, was repealed by whom the process or pleadings are directed.,. la ". ,'a t ° Former § 5734, added by Stats.1982, c. 1499, p. 5814, Stats.1984,e,no c. 1656, , —, § 24., I,amended by Stats.1983,c. 516,p.—, § 2. (Added by Stats.1984, c. 1676, p. —, § 26) g. � See,now, §§ 5738, 5742,5743. § ( 1984 Legislation. See,now,§ 5775. § 5737. Examination on date other than regularly scheduled date Former § 5739, added by Stats.1982, c.-1499, p. 5818, 1:, •_ • ;.t', ' I, relating to display of licenses, was repealed by Stats. , Upon the request of an applicant, an examination may be scheduled on a date other than the date §984,c. 1676, p. § 24. I'' y;,, - of a regularly scheduled examination, provided that the applicant pays the fee for a special • ± w 7 examination specified in Section 5791 in addition to the cost of all facilities.and services necessary for a the administration of the examination. w � § 5740. Notification; misdemeanor and felony convictions (Added by Stats.1984, c. 1676, p.—, § 26.) - 19 'w w The Department of Justice shall notify the board of all misdemeanor and felony convictions of each 1984 Legislation.• Former § 5737, added by Stats.1982, c. 1499, p. 5818, applicant. a s § I,relating to licensing fees,was repealed by Stats.1984,c. r, v s`;i s 1676.p•—, § 24. — j1 (Added by Stats.1984, c. 1676, p. , § 26) t ■ • , � , ' v5''°' }3USI1V}:SS AND PROFESSIONS COl)P. BUSINESS ANI) I'ItOFFSSIONS CODE § 5762 .7.4.:::r2.:, j_x 1a:; § 5740 : N - ' r � � „�.. 1984 Legislation. Derivation: Former § 5734.5, added by Stats.1982, c. Derivation: See derivation under§ 3731. ,'„,1''`' 'i.:::•' '';'-1,,-=:::-. Former § 5740, added by Stats.1982, c. 1499, p. 5818, 1499, p. 5816, § I. § I,amended by Stats.I983,c. 516,p.—,§ 2.5,relating .,;}. 5746. Exemption for license holders on Dec. 31, 1984 ,: ,4 t, to duplicate licenses and certified copies, was repealed by § r j Stats.1984,c. 1676,p.—, § 24. Each person holding a valid auctioneer,auction house,or auction company license on December 31, ( 1984, is exempt from the requirements for•an initial license set forth in Section 5731, Each such :` `t: ' § 5741. Truthfulness of application; verification by executive officer auction house license shall be equivalent, as of January 1, 1985, to an auction company license. } the executive officer shall verify the truthfulness of (Added by Stats.1984,"c:-1676, p.—, § 26.) ��" ' � ' Upon the receipt of a application, � 4` y ,. l the information contained in the application. The board shall issue a license, in such form as it may ' ' �_; r r'• prescribe, to each person who meets all of•the requirements for licensing.and pays the appropriate § 5747. Conduct of auction company under name not on record :,1. > 'r'' fees, unless cause exists under Section 5777 to deny the license. .i ,a Any licensee who wishes to conduct an auction company under a name other than,or in addition to, g, l x (Added by Stats.1984, c. 1676, p. —, § 26.) that on record with the commission'shall, within 30 days of the change or addition, pay the fee ."•[ , specified in Section 5791.. . lit: �^E.r' .5 1984 Legislation. See,now, § 5786. . .'l i`1• Former § 5741, added by Stats.1982, c. 1499, p..5818, , (Added by Stats.1984, c. 1676, p. —, § 26•) d -4-- r..-.,'J, r . § 1,relating to rights and remedies of any person denied'a •ii,;; license; was repealed by Stats.1984,o 1676, p. —, § 24: §§ 5750 to 5753. Repealed by Stats.1984, c. 1"676, p. § 25 p, 5785 to 5789. • v =‘,Z4'' • The repealed sections, added by Stats:1982, c. 1499, See,now, §§ ! 9j y § 5742. Expiration of licenses , - 5819, § I, related to the denial,suspension and revocation „r a of licenses. ' .V.-7,:.:,:i'll Auctioneer and auction company licenses shall expire at 12 midnight on June 30 of every even-numbered year, unless renewed before that date. Neither license nor renewal fees shall be ARTICLE 3.5: BONDING• ` ;1 , prorated for those licenses issued at any time prior to the renewal date. • (Added by Stats.1984, c. 1676,p. —, § 26) r ' 1984 Legislation. Derivation: Former§ 5734,added by Stats.1982,c. 1499, '5760.; •uctioneer licensee;•necessity of bond; amount. ;,.^ c, t` - - 5761. • tion company licensee; necessity of bond; amount. ' Former § 5742, added by Stats.l982, c. 1499, p. 5819, p. 5814, § 1, amended byStats.1983,c. 516, p. — § 2. - § I,relating to unlicensed activities,was repealed by Slats. Former 5736, added by.Stats.1982, C. 1499, p. 5817, 5762. De, •t in lieu of bond. i, ro § y p' 5762.1. Instru is and certificates representing deposits in lieu of bonds; ;filing. �0 1984,c. 1676,p'. § 24. § 1. , r ti 5762.2. Obligatio :nd remedies; application to,deposits in lieu of bonds. „f 5763. Obligee; req.' ements of bond. superior prorated,: § 5743. Renewals; requirements 5764. Failure of lice •e to meet obligations; hearing; actions -in su erior co ; p ` An applicant for renewal of an auctioneer or auction company license shall meet all of the proceeds; othe hts or remedies, ' > • a following requirements: Article 3. , added ats. I.rtic dded by St 1982 c.`1�99, p: 5820 § l`, (a) File with the commission a completed application on a form prescribed by the board. (b) Pay the license renewal fee specified in Section 5791. 5760. Auctioneer licensee; neces• of bond; amount '` § ''' s , •, (c) Satisfy the executive officer that a surety bond in the amount and form prescribed in Article 3.5 Every individual who applies for an auc eer's license shall, as a ,ndition to the'granting and ,<< } , °} ,; (commencing with Section 5760) is in full force and effect, the retention thereof, file or have on file wt the executive offi a bond in the amount of ten 1 fi t,Fr ,,n. 3Yy (d) Provide two color photographs of passport quality of the size prescribed by the board and pay thousand dollars ($10,000) which meets the requ -ments conta'• 1 in Section 5763.. .. 1 the pocket card fee specified in Section 5791. Auction company owners, partners, and officers may, >. ..,•":.r..11".:- (Added by Stats.1982, c. 1499, p. 5820, § 1.) `rr# ,X.. but are not required to comply.with the requirements of this subdivision.. (Added by Stats.1984, c.'1676, p. —, § 26:) Library References" �;G Auctions and Auctioneers a5. ti -i f',T., Derivation: See derivation under§ 5742. C.7.5. Auctions and Auctioneers§§ 4, 26. ar ; V:9.2. § 5744. Reinstatement following expiration essit of bond; amount ••• § 5761. Auction company licensee; Y Once a license has expired,it may be reinstated not more than one year after the date of expiration r ', -I :z upon.payment of the renewal fee plus the sum of fifty dollars($50). If the license has been expired Every person who applies for a . ction company license,shall, as a c, ,ition.to the granting and s`t r' oc4 ,kra for a period of more than one year the applicant must file for and meet all of the requirements for the retention thereof,file or h on file with the executive officer a bond • in the amount of ten t i'c �s r `.• an initial license, including passage of the examination if applicable. thousand dollars ($10,000) . meets the requirements contained in Section • 3;.,, iti (Added by Stats.1984, c. 1676, p. —, § 26.) (Added by Stats.1982, ' 1499, p. 5820, § 1. Amended by Stats.1984, c.: 16 . s. ,>` + ` Derivation: See derivation under§ 5731. Library,References•& tae L Auctions and oneers c�5. .: ', T� § 5745. Notification of expiration; cessation of display ' c.i.S.Auer s and Auctioneers§§ 4, 26. I,' " st• # f Upon the receipt of notification from the executive officer of the expiration of any license under " ` ""iir ';�' .Y this chapter,the holder of the license shall cease to display the certificate of license and to wear the § 57" . Deposit in lieu of bond 17r. : r' :3, /.�,t A4 pocket card, and shall immediately return the certificate and pocket card to the executive officer. s a) In lieu of the bond required by this article, there may be deposited with the commission any o • ' ' :',I.4%-!;,',e/•;,/.•'•.,.;1 ', .4,:; (Added by Stats.1984, c. 1676, p. —, § 26.) 6 the following: 't f1 l , ' 1555 SPECIAL REGULATIONS D' SECONDHAND GOODS § 21605 ,, Ch. 9 ry)' 1` each . except legal holidays, to the sheriff of the cou .• . (Added Junk sealer. As used in this article, "junk dealer" in-' Stats.1941, 0,p.676, § 1.) : :, § 216Q 1. Derivation: Stets. c.311,p.50£1,§3. :;.I cludes any person engaged in the business of buying,selling and dealing i Library references: Lic .. • C=16(11); C.J.S.License= •0. ,.1. in junk, any person purchasing, gathering, collecting, soliciting or °'1 -, ' traveling about from place to place procuring junk, and any person f § 21556. Violations; oife . y person who violates this k operating,carrying on, conducting or maintaining a junk yard or place chapter is guilty of a misdem .r. • Stats.1941 c. 50, p. 677, �,.. where junk is gathered together and stored or kept for shipment, sale ` ' p y or transfer. (Added Stats.1941, c. 1078, p. 2772, § 1.) § 1.) l ry Library references: Licenses C=16(11); C.I.S. Licenses § 30; Words and Phrases =-1? , Derivation: Stnts.]025,c.^ • ,p.501,§5. �e (Perm.EJJ I Library references: I• ses C=40; Pawnbrokers and Money .lets C=11; C.J.S. h' . ti Licenses §§ 66, 67, '. C.J.S. Money Lenders § 10; C.J.S. Pawnbr. • s § 15; C.J.S. Cross References ? Trading Stamps • oupons § 5. 6., I: Pawnbroker provisions,applicability of see Penal Code§344• �r ' Cross References ^S Receiving stolen property,see Penii Code§§406,496a. 4• P • ement,see Penal Code§10. • . n• rr -; I ecciving stolent property,see Penal Code§406, •s' § 21602. Junk yard. As used in this article, junk yard" in- r; cludes any yard, plot, space, inclosure, building or any other place where junk is collected, stored, gathered together and kept. (Added Stats.1941 c. 1078, p. 2772, § 1.) �',t Article 3 - ,-k , tift1� i '. Library references: Licenses «10(11); C.J.S. Licenses § 30; Words and Phrases •Ar + JUNK � . (Perm.Ed.). • _ l see• ▪ _ § 21603. Exclusions; certain merchants. This article shall not 4 � � : 21600. Junk. � , =•� 21601. Junk dealer. * , apply to any of the following: } (a) Secondhand furniture merchants. • 41 21602. Junk yard. 1! 21603. Exclusions; certain merchants. '` _4 (b) Pawnbrokers. 21604: Exclusions; incidental sales. (c) Secondhand car dealers or merchants in connection with au- i 21606. Records; contents. inspection. �''� .�� ,. �'I?' tomobile and motor vehicle sales agencies but not carried on and con- 21606. Records; contents. i 40 ; j 21607. Records; preservation. Vii ducted in conjunction with a junk yard. � 1' 21608. Violations; offense. r (d) Persons engaged in the business of selling new automobile Article 8 added by Stats.1941,c, 1078,p.2772, § 1. tires or batteries or other equipment taking in part payment used arti- ; -:,1 - :ti-t. cles of the same kind and thereafter selling or disposing of the same.11 i (e) Secondhand oil well supply and equipment dealers not con- s § 21600. Junk. As used in this article, "junk" means any and ducting or carrying on their business in connection with a junk yard.all secondhand and used machine and sera iron includin automo- ;; scrap • g ::fir (f) Secondhand clothing merchants and ragpickers. (Added bites tools, implements or parts or portions thereof, and any and all • ' .,.;,;:_..ii` ;��; Stats.1941, c. 1078, p. 2772, § 1.) {;. secondhand and used furniture or other personal property, other than q 4h live stock, or parts or portions thereof. (Added Stats.1941, c. 1078, p. • , Library references: Licenses C=16(11); C.JS.Licenses§30. ' i,; 2772, § 1,) Exclusions; incidental .sales. This article shall not ,ky Notes of Decisions §apply to any gin• � .apply to an person who sells junk acquired in the conduct of any busi- Library eferences was so often presented to those carrying ' ness other than.that of junk dealer. (Added Stats.1941, c. 1078, p. • ,,ti 1� y on the business of pawnbroker, junk deal- , • ' 4 Licenses eases§ ). �F,e, 2772, § 1.) `�_<��; O.J.S.Licenses$30. er,�secondhand dealer, and kindred activf- r "rts Words and Phrases (Perm.Ed.). ties, rendered it necessary for the public :f4.'''',,,•▪1 Library references: Licenses C?16(11); C.J.C.Licenses§30. sr l; J safety and morality that their business ' rt th Si. I. Purpose of law activities be subjected to police scrutiny tih i' It was a matter of common notoriety and regulation. Ex parte Higgins (1920) ;',`' § 21605. Records; beeping; inspection. Every junk dealer in ' that the temptation to buy cheaply, which 105 P. 740, so O.A. 533.• 4.; this State is hereby required to keep a written record of all sales and rf; 468 469 ,y, ,- ,s BUSINESS AND PROFESSIONS CODE § 21628 ,, r ` ,. ti § 21606 BUSINIaS AND I ROFLSSIONS (ODI' `.. r' .'.• ' c'• fir' 1971 Amendment. Added subd.(b). owned or operated an auction or other event at which / y (a e and date of each sale or purchase made in the conduct of his or ,• ness of junk ,/ • • • 1980 Amendment. Rewrote subd. (h) which formerly secondhand personal property was offered for sale or ex- + ` dealer. F� `•c.•x,;,° f i related to inclusion as secondhand dealer any person who change. -:fin A r , f 2 (b) The name, address a .• • 'ation of each person • m junk is purchased or obtained, h�'y• ,,,` r s• p! and the license number of any mo : •,'cle use •• . 'sporting the junk to the,junk dealer's place ' , ' kt �,�� /-':c) . z; of business. § 21626.5, Secondhand dealer;'exclusion a, a ,r° - ti, ti J (c) The name, address am ion of each person is sold or disposed of, and the "Secondhand dealer,"as used in this article,does not include any person who performs the services l •c?,;`:M V•x -- { license number 1 • .r vehicle used in transporting the junk r•i : of an auctioneer for a fee or salary. r> Y� e}t y a p g dealers place of y �, 4.,- t 5 , busine ' (Added by Stats.1981, c. 803, p. 3102, § 1.) t'' zr-��1.; ended by Stats.1982, c. 454, p. 1833, § 13) r -1 `;..-toe"• -.,:..1.-.:. - Library References t °g , .,,A.t;;; ` t rw ! Licenses e=16(I 1). tr ; VI y' : 4, t.• ARTICLE 4. ' ' ' TANGIBLE PERSONAL PROPERTY C.J.S. Licenses§ 30. �i¢j+q�` "I`�1 4 Section ..F � �•A C § 21627. Tangible personal property •i W... .1-'•:.,'".- i�, ° •� 21626.5. Secondhand dealer; exclusion. vd ;•,• = 21628.5. Business machine dealer; report of used machines and repairs. (a) As used in this article, "tangible personal property" includes, but is not limited to, all � �° ,, r; 21629.5, Application of article to property acquired by secondhand dealer with understanding or secondhand tangible personal property which bears a serial number or personalized initials or ,rt, $ -*• ' , lyy i . expectation of reacquisition. inscription or which,at the time it is acquired by the secondhand dealer,bears evidence of having had `Rr,'; 21638.5. Personal property pledged to pawnbroker; redemption by pledger. a serial number or personalized initials or inscription, + 4- : 21640, Secondhand dealer; requirement for license. • ti' k 21641. Licenses; application; fee; grounds for denial; grant. (b) "Tangible personal property" also includes, but is not limited to the following: ' 21642. License; renewal; forfeiture; grounds. (1) All tangible personal property, new or used received in pledge as security for a loan by a 4$ ,r ',. 21643, 21644. Blank, pawnbroker or a secondhand dealer acting as a pawnbroker. 21645. Violations; misdemeanor; punishment. •"-4:,.. :`"`'1:;t •4j (2) All tangible personal property that bears.a serial number or personalized initials or inscription 21646. Violations or threatened violations; injunction. t • •• '' ,, which is purchased by a secondhand dealer or a pawnbroker or which,at the time of such purchase, •21647. Peace officer hold on property in possession of pawnbroker. . � , r; •. '� bears evidence of having had a serial number or personalized initials or inscription. Heading of Article 4 was amended by Stats.1980, c.499,p. 1041,§4.5, to read as it now (3) All personal property commonly sold by secondhand dealers which statistically is found • ' ; i .;~ 21628 BUSINESS AND PROFESSIONS CODE BUSINESS AND PROFESSIONS CODE § 21633 • 9;- (b) A complete and reasonably accurate description of such property, including serial numbers or other identifying marks or symbols. ' (b) Acquired in a nonjudicial sale, transfer,assignment, assignment for the benefit of creditors,or (c) A certification by the intended seller that to his or her knowledge and belief the information is consignment of the assets or stock in trade, in bulk,or a substantial part thereof,of an industrial or - ; . : true and complete. commercial enterprise for purposes of voluntary dissolution or liquidation of the seller's business,or r l y, P I .•r, r s? _ .� for the purpose of disposing of an excessive quantity of personal property; or which has been (Amended by en Stats.1971, c. 670, p. 1825, § 2; Stats.1980, c. 499, p. 1042, § 3; Stats.1982, c. 1229, p. acquired in a nonjudicial sale or transfer from an owner of his or her entire household of personal . 'r 4537, § 1, urgency, eff. Sept. 22, 1982.) property,or a substantial part thereof; provided,the secondhand dealer retains in his or her place of % ,m r. a'" ,- ' 1971 Amendment- Added subd. (b). providing list to peace officer on business for a period of three years a copy of the bill of sale,receipt,inventory list,or other transfer :•./,,.•,,:,r.•, hr` { r ! secondhand dealer, and r ,: 1980 Amendment. Deleted subdivision designations,de- demand and delivery. g P document as a matter of record which shall be made available for inspection by any law enforcement ..-s"', leted reference to"subdivision a"before"Section 21626"• 1982 Amendment. Substituted;in the first sentence of the officer; and provided further,that the secondhand dealer notifies the chief of police or the sheriff ", . Y '�. °' `, f O first paragraph,"either approved or"for"prescribed and". that exemption from reporting is being claimed under this subdivision. "Industrial or commercial ?, inserted provisions on time before and forms for report,deleted n "owner"°. , ! P on enterprise" and owner as used in this subdivision do not include a secondhand dealer; "identifiable secondhand"before"tangible personal proper- ; 1', t•; ly,and deleted not later than 12 noon of the day fallow- (C) • Acquired in a sale made by any public officer in' his or her official capacity, trustee in in the acquisition of such Notes of Decisions g q property' in first sentence; bankruptcy, executor, administrator, receiver, or public official acting under judicial.process or inserted feminine alternative adjectives or pronouns for mas! 1, In general upon by any ` authority, or which has been acquired in a sale made u on the execution of, or virtue of, an { ,:.:-.1.!•3:'.;;;',";',.., t) culine throughout section; deleted former first sentence of Requirement of city pawnbrokers ordinance that only • process issued by a court, or under the provisions of Division 7(commencing with Section 7101) of . ,, subd. (b)which made the subdivision applicable to dealers acceptable identification for pawnshop transaction was valid the Commercial Code; " described in subd. of 21626; made second sentence driver's license or other governmental identification card !'' pi; (b) § 8 El::;; •..;.. =:•u'i r - from former second sentence of subd.(b),rewrote introdue- containing photograph or complete physical description and t (d) Acquired as the surplus property of the United States government or of a state, city, county, ,�.•.� rf• tory clause which read: "The lists shall show all of the that pawnbrokers' reports of transactions contain finger- city and county,municipal corporation,or public district and which after requisition or acquisition by ; ' ••.• ': 2,,1 following information",redesignated former pars.(I)to(3) prints of customers was not inconsistent with § 21638 re- , • to be subd.(a)to(c),substituted"intended"for"proposed'• quidng pawnbrokers to make reports of their transactions the United States government or by a state, city, county, city and county, municipal corporation or • public district has never thereafter been sold at retail; and • ,,,, a{� in subds.(a)and(c),inserted"reasonably"in subd.(b),and since city ordinance merely provided manner for obtaining '+ deleted requirement for description of vehicle which trans- information for report, and thus § 21638 did not preempt (e) Reported by a secondhand dealer as an acquisition or a purchase,or which has been reported as '.? .• )�` ported the property to the auction; and deleted former city ordinance. Miller v.Murphy(1983)191 Cal.Rptr.740, destroyed (1) agency by authority•z destro ed or otherwise disposed of, 1 to a state a enc b the authorit of any other law of this . second paragraph of subd.(b)relating to filing list with the 143 C.A.3d 337. ;; State; or(2)to a city, county,or city and county officer or agency by the authority of any other law _ • a-;:„ ••',-,, of this State or a city, county, or city and county ordinance. `-`.. •"'.;•• kr; § 21628.5. Business machine dealer; report of used machines and repairs (f) Acquired by persons, firms, partnerships, or corporations who buy, sell, or trade precious + metals, whether in the form of coins or commercial grade ingots, who: (1) are designated contract (a) Every business machine dealer shall report all used business machines which he has purchased, , markets by or registered with the Commodity Futures Trading Commission under the.Federal '• , , taken in trade or accepted for sale or consignment from an individual to the chief of police or `*.-,t;•::,:.' • •;•= lyt,,t• P g t p Commodities Exchange Act and acting pursuant thereto; or(2) infrequently conduct their business # to the sheriff in accordance with the provisions of Section 21628 and Section 21630. r •;� }•:��t`i directly with members of the general public. As used in this subdivision, "infrequently" means ;, x, Every business machine dealer shall report all used business machines which he has repaired, if occasional and without regularity. ,- :,; required.to do so by the chief of police or the sheriff in accordance with the provisions of Section 2,urgency,eff.Sept. 22, j (Amended by Stats.1980, C.499,p. 1043, § 4; Stats.1982,C. 1229, p. 4537, § g y, P •t; 21628 and Section 21630, 1982.) t s j No report of repair shall be required from a dealer servicing or repairing a machine in the -, =,:••=:•-.1.t. ., ,'. possession of the owner to whom that dealer sold that machine when it was new § 21629.5. Application of article to property acquired by secondhand dealer with understanding Z 4, „ „ or expectation of reacquisition _ ,0,:,,,..)•�;, (b) As used in this section, the term business machines includes, but is not limited to, ' •K k=' typewriters, adding machines, check-writing devices, cash registers, calculators• addressing ma- 'Notwithstanding Section 21629, the provisions of this article shall apply to any tangible personal : r ,+ E chines, copying and accounting equipment, letter-sorting and folding devices, and recording equip property which has been acquired by a secondhand dealer with the understanding or expectation that T # = ment, but does not include office furniture or fixtures. , t: w v ��• such property would later be reacquired by the transferor or an agent thereof. q °1' ;; (Added by Stats.1975, c. .810, p. 1843, § 1. Amended by Stats.1976,:c. 1344, p. 6116, § 1.) t (Added by Stats.1980, c. 499, p. 1043, § 5.) • :i,•^,:•-i-,--ft.-, 1977 Amendment. Substituted "from an individual"for Library References §§ p by Stats.1980, p. §§ 21631, 21632, Repealed b Stat8.1980 c. 499, 1044, 6, 7 _�"' "or which he has repaired"in the first paragraph of subd. Licenses a25. . ,,,",,:•...�; �,,. (a)and added the second paragraph of subd.(a). C.I.S. Licenses§ 35. ' Prior to repeal, § 21632 was amended by Stats.1972, C. . ro Words and Phrases(Perm.l_d.) �t. 1377, p.2809, § 3. -''_` Y ! § 21629. Exceptions from article See,now § 21628.•4', ; The provisions of this article shall not apply to any tangible personal property which has been: " .,-4 ``:-:'1.i ,' (a) Acquired ' ' • from another secondhand dealer' provided the secondhand dealer selling or - § 21633. Approved report forms; copies; submission and retention t`' r '',..,;'..:1-- �� trading the tangible personal property states in writing under_penalty of perjury, along with a The report forms a roved by the Department of Justice shall consist of not less than an original ''4 -e'' description of the propert ,on an interdealer transfer form or an itemized bill of sale,that the report t and two copies. The a artment of Justice shall not require the report form to consist of more than • '{°> • = ': or reports required by this article have been properly made and submitted by that dealer. A copy of 4 ' an original and two copies when the forms are obtained from a source other than the department. A • �'•„ i;* the form or the itemized bill of sale shall be delivered to the acquiring dealer at the time the `i' local lw enforcement a•ency may request secondhand dealers within its jurisdiction to use a report j' rI transaction occurs. Interdealer transfer forms shall be provided at actual cost by the Department of• - form consisting of more t Ian an original and two copies. However,each secondhand dealer or group -; =' >jy /I' transaction Justice •' •' •' " of dealers shall be required only to use a form consisting of an original and two copies when the a . ., ' • • The dealers involved in the transaction shall retain their copy of the ' ' • interdealer dealer does not use a form obtained from the Department of Justice. , :r%�;t'r•-- • ::: : 1c transfer TO-Fm or itemized bill of sale for a period of three years as a matter of record' • ',and shall The Department of Justice shall allow the use of forms which are compatible with computerization. r� ' �' '"' make them available for inspection by any law enforcement officer. The original and the duplicate copy shall be submitted by the secondhand dealer in accordance with • `-• r r� •t § • ' • , BUSINESS AND PItOl }SSIONS CODE § 21642 11G33 BUSINESS AND I ROFESSIONS (Ally. t�v , ` ti ,k S .. the provisions of Sections 21628 and 216.'10. One copy shall be retained by the secondhand dealer in § 21638.5. Personal property pledged to pawnbroker; redemption by pledger `� i r his"place of business for a period of three years and shall be made available for inspection by any law . i enforcement officer. Sections 21636, 21637 and 21638, insofar as they apply to holding periods for personal property, ,Y '� ',; '_ 9." , are not applicable to personal property pledged to a pawnbroker with regard to the redemption of (Amended by Stats.1972,c. 1377,p.2809,§ 4; Stats.1982,C. 1229,p.4538,§ 3,urgency;eff.Sept.22, r �` 1982•): personal property by the pledger.i < , (Added by Stats.1975, c. 1261, p• 3309, § 1.)• r�'`' -Z § 21634. Report by chief of police or sheriff` '• �,r3.a.s c ° § 21639. Repealed by Stnts.1980, c. 499, p. 1045, § 12 .y r� „ , �. - The chief of police or the sheriff who receives a report on a form filed pursuant to the provisions of �u•r (i r f 07. this article.shall daily submit the original to the • ' ' Department of Justice. § 21640. Secondhand dealer; .requirement fqr license ., b '• ''''S,-.'•'•=. `• (Amended by Stats.1972, c. 1377, p. 2810, § 5.) It is unlawful for anyperson to engage in the business of secondhand dealer,as defined in Section ear° ,� • `f �..• , § 21635. Repealed by Stats.1980, c. 499, p. 1044, § 8 21626, without being licensed as provided in this article. • x A{ s (Added by Stats.1980, c. 499, p: 1045, § 13.) • . o'"u,:r h i Prior to repeal,this section was amended by Stats.1972;c. t y'}'- : 1377,p.2810,§ 6. _ Library References 3 ) See,now § 21628. Licenses 016(11). C.J.S. Licenses§ 30. w ti • cR , 'r a4 t k" § 21636. Retention of possession of property by dealer for 30-day period I' a § 21641. Licenses; application; fee; grounds for denial; grant b ,, Every secondhand dealer shall retain in his possession for a period of • • • 30 days all ' • ' " '� The chief of police, the sheriff or, where appropriate, the police commission, shall accept an ; ' ;r' x',' ^} r ,� , tangible personal property reported under the provisions of Sections 21628,21629,and 21630. The • p placation for and rant a license permitting the licensee to engage in the business of secondhand $ x 4, 30-da •holdin eriod with res ect to such tan ible ersonal property shall commence nce- applicant 4• �, —Y gP P tangible P P P Y y4 x ~� ;- t t. with the date the report of its acquisition was made to the chief of police or to the sheriff b the dealer, as defined in Section 2othe to an a nvolvt who has not been convected of agn atte If to r Y receive stolen property or any other offense involving stolen property. Prior to the rantin of a ,r 4. ,/ b'} secondhand dealer. The chief of police or the sheriff may for good cause, as specified by the license,e, the licensing authority shall submit the application to the Department of Justice. If the d • ,.1.1- ■ Department of Justice, authorize prior disposition of any such property described in a specific report Department of Justice does not comment on the application within 30 days thereafter, the licensing 4 {;. ti ' '; provided;that a secondhand dealer" ' •who disposes of tangible personal property pursuant pp ` + ' to such authorization shall report the sale thereof to the chief of police or the sheriff. authority may grant the,applicant a license. All forms fora 7T:tit and licensaure, and ltgcense , � > renewal, shall be prescribed and provided by the Department of Justice. A fee ma be char ed to z,,, (Amended by Stats.1980, c: 499,.p. 1044, § 9.) the applicant as specified by the Department of Justice for processing the initial license application. r> a a s .;` 1980 Amendment. Substituted"30 days" for"10 days "tangible personal property'in first and second sentences; For the purposes of this section,""convicted" means a plea or verdict of guilty or a conviction • t r,,w a4 r • ,\ as period of retention of possession; inserted reference to and inserted as specified by the Department of Justice"and following a plea of nolo contendere. ; M r .. section 21629; deleted "identifiable secondhand before substituted proviso for former last part of third sentence. - 1045 14. Amended by Stats.1983, e. 340, p:—, § 1•). '$•:,....1".;.1.-..;„t' (Added by Stats.1980, c. 499, p. , § ,' ; .1 ..--.1'...i,',,,.. 1983 Amendment. Added the second paragraph. - Library References , •,h § 21637. Compliance with ordinances or other state law Licenses e=16(1 I). • ' x a r CIS.Licenses§ 30. 1,......w:,,,,%-,--':-.4.°:.3,'A-3't , ' , Nothing herein contained shall be deemed to excuse compliance with the provisions of any city, ' . t;; 4 �., county, or city and county ordinance or any other state law covering the reporting,' holding, 'or (_n,'p"* ,• ° 1 7 . releasing of tangible personal property, not inconsistent with the provisions of this article, except § 21642. License; renewal; forfeiture; grounds • . ,. I. that no city, county, or city and county, or any other state agency shall adopt holding or reporting F t 1• ,. p t. requirements for transactions involving coins,monetized bullion,or commercial grade ingots of gold (a) A license granted pursuant to Section 21641 shall be renewable one year from the date of issue, 4 ' Ift=f silver, or other precious metals. ` i and annually thereafter, upon the filing of a renewal application and the payment of a license ' < :- (Amended by Stats.1980 c. 499, p. 1045 10• Stats.1983 c. 840 renewakfee specified by the licensing authority. . '• f`+,u i ,r X, • (b) The license • shall be subject to forfeiture by the licensing authority and the licensee's activities e ,, § 21638. Effect of article upon enactment, amendment or enforcement of local'ordinances as( s a secondhand dealer shall be subject to being enjoined pursuant to Section 21646 for breach of any F ass �� ; � � v r ' 4 '`� • ; The provisions of this article shall not prohibit enactment,amendment,or enforcement by any city, of the following conditions: • ."' • �t " (1) The baseness shall be carried on only in the building or buildings designated in the license. county, or city and county of any local ordinance relating to a secondhand dealer which is not x ;' inconsistent with the provisions of this article,except that no city,county,or city and county,or any r; (2) The license or a copy thereof, certified by the licensing authority,'shall be displayed on the • I other state agency shall adopt holding or reporting requirements for transactions involving coins, premises where It can easily be seen. s, -• 4, • .1 • , monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. (3) The licensee shall not engage in the business of secondhand dealer,as defined in Section 21626, x r :, xi k, , (Amended by Stats.1980, c. 499, p. 1045, § 11; Stats.1983, c. 840, p.—, § 3.) with any minor. r,,,,-_,:::•;.....•;.•4-. ' » ' K ' i•` ' Notes of Decisions that pawnbroker? reports (4) The licensee shall not engage in any act which is in violation of this article.• 1.}{f."F 1 , _ p ports of transactions contain finger. 1` I. In general prints of customers was not inconsistent with this section (5) The licensee shall not be convicted of an attempt to receive stolen property or any other offense a /a:y l 2, requiring pawnbrokers to make reports of their transactions t, involving stolen property. For the purposes of this paragraph, convicted means a plea or verdict Requirement of city pawnbrokers ordinance that only since city ordinance merely provided manner for obtaining !, of guilty or a conviction following a r lea of n010 Wntendere. Any acteon whech the Cfollowf police, i¢,, acce table identification for awnsho transaction was valid information for report,and thus this section did not preempt the sheriff or, where appropriate, the police commission, is permitted to take. following the ''.•.''.. ^r3 �ti Rs_,y . P pawnshop •, ..,,..:P:.,‘:. driver's license or other governmental identification card city ordinance. Miller v.Murphy(1983)191 Cal.Rptr.740, establishment of a conviction may be taken when the time for appeal has elapsed,or the judgment of " j• '.c"a,' 1. C' containing photograph or complete physical description and 143 C.A.3d 337. conviction has been affirmed on appeal,or when an or granting probation is made suspending the .y-t,; � {{p y� - Ilndnrllne. Inrllnalna nhnnnne n• e•IdltInna h., e.n.....•In....d - . . . • • • ,-.J1�..4w .I..IeHnn., h• mmandmnnt c."j §.21653 t § 21642 BUSINESS AND PROFESSIONS CODE BUSINESS AND PROFESSIONS CODE r,,' ii imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of Library Re[erences - ,. P• the Penal Code. Consumer Credit.3.7. . Interest and Usury; Consumer Credit §§ 358 to • (Added by Stats.1980, c. 499, p. 1045, § 15. Amended by Stats.1983, c. 340, p.—, § 2.) C.J.36S2 1983 Amendment. Added the second and third sentences Library References of subd.(a)(5). Licenses 6=22. ARTICLE 5. RESALE OF GOODS j m C.J.S. Licenses§§"34,38,39, a t ' , 1 r • � ;. Section 1 „ Y z '', §§ 21643,21644. Blank 21650. Adequate evidence of authority to sell.. s '34 21651. Definitions. :.dv4"r % I § 21645. .Violations; misdemeanor; punishment . 21652. Presentation to dealer of adequate evidence of authority to sell. n�4+ . ;f , • L : "• •, 21653. Violations. 't� '.- A violation of any provision of this article is a'misdemeanor. Any person found guilty of a 2' �t" _ ' violation of a provision hereof shall be punished as follows:• . Article 5 added by Slats.1967, c. 1174x, if. 2862,•§ 1. ,� 4 t- (a) For the first offense,a fine of up to one thousand five hundred dollars($1,500)or imprisonment 1. 21650. Adequate evidence of'authority to sell in the county jail up to two months, or both. § =5 4.�' q;..4 (b) For the second offense, a fine of up to five thousand dollars ($5,000) or imprisonment in the As used in this article, "adequate evidence of authority to sell" is evidence, from which a ' 1 county jail up to four months, or both: reasonable person would conclude that the person resenting the evidence is the owner of the item he P p p is attempting to sell or is the agent of such owner and is authorization by the owner to sell such item. PI (c) For the third, and any subsequent offense, a fine of up•to twenty-five thousand dollars "':• 2862 1. °_ *. ($25,000)or imprisonment in the county jail up to six months or both. (Added by Stats.1967, c: 1174, p. , § 1.) :.. r�, P Y j P (Added by Stats.1980, c..499, p. 1046, § 16.) . sa § 21651. Definitions. s Library References ;tc; As used in this article, Licenses 6=40.• s " C.LS.Licenses§§;66,67,78. (a) ''Junk dealer" has the meaning defined in Section 21601; and A (b) "Secondhand dealer" has the meaning defined in Section.21626. a g § 21646. Violations or threatened violations, injunction (Added by Stats.1967, c. 1174, p. 2862, §'1.) The district attorney or the Attorney General,in the name of the people of the State of California, authority 1 §•21652. Presentation to dealer of adequate evidence of authorit to sell I may bring an action to enjoin the violation or the threatened violation of any provision of this article , • • }= or of an re ulation made ertainin to the rovisions of this article. An ,�,:,�. y g p g p y proceeding brou ht Every junk dealer or secondhand dealer shall before accepting for resale from any person any . ?;;"i• hereunder shall be governed in all respects by the provisions of Chapter 3(commencing with Section finished product,new item of finished or merchandisable quality,inventory item of new materials or 525)of Title 7 of Part 2 of the Code of Civil Procedure. - finished quality, or other goods and materials ine such a s u S ch tate so r condition son as to show adequate that they are neither abandoned. nor scrapped, shall require that pr present evidence of s (Added by Stats.1980, c. 499, p: 1046, §"17.) authority to sell. Violation of this section is a misdemeanor.. .. • "� (Added by Stals.1967, c: 1174, p. 2862, § 1.) • '• Library References �ifii Injunction 6=89(2). . • >; C.J.S.Injunctions§§ 133 to 136.' ., § 21653.• Violations ix Every junk dealer or secondh and dealer who resells any item acquired in violation of Section 21652 ? ' : is uilt of a felon , if the value of the item exceeds four hundred dollars $40, and is guilty of a ,u�, g Y Y § 21647. Peace officer hold on property in possession of pawnbroker misdemeanor if the value of the item does not exceed four hundred dollars ($400). t. (Added by Stats.1967,c. 1174, p. 2862, § 1. Amended by Stats.1983, c. 1092,p. § b7,urgency, '�{'+ Whenever any peace officer has probable cause to believe that property in the possession of a ` �i, eff. Sept. 27, 1983, operative Jan. 1, 1983.) • 44 " pawnbroker is stolen,he may place a hold on such property for a period not to exceed 90 days. The !11, 1983 Amendment. Substituted in two places"four hun- peace officer shall give the pawnbroker a written notice at the time the hold is placed,describing the 17-511 item or items to be held. During such period the pawnbroker shall not release or dispose of such , . dreg dollars (s400)" for,"two hundred dollars (5200)". .ii property, except pursuant to a court order or upon receipt of a written authorization signed by the ARTICLE 6: SWAP MEETS :r clerk or person having charge of the property section for the police or sheriff's department of which ; r3I the peace officer placing the hold on the property is a member pursuant to Chapter 12(commencing with Section 1407)of Title 10 of Part 2 of the Penal Code. If the clerk or person having charge of ' ; ' " Section application of article; uniform reports; ordinances and charters; land use t;-�;�;' the property section for any police or sheriff's department determines that the property has been 21660. Legislative intent; app z> and zoning regulations; secondhand dealers; operators and vendors. h<, stolen and authorizes release of the property to.the owner,the owner of the property shall be given a ,� 21661 : Definitions. - .1) I statement by such clerk or person which clearly indicates that the law neither requires nor prohibits 21662. Inapplicability of article. ",, payment of a fee or any other condition in return for surrender of the property. A pawnbroker shall Y 21663. Reports of property offered or dis la ed; contents; form. ' 21664. Distribution of forms to vendors; collection; submission to police chief or sheriff and to the not be subject to civil liability for compliance with this section. • ` ' (Added by Stats.1980, c. 256, p. 530, § 1.) 1; department of justice; tax evasion; restricted use vendors regularly offering or display- :;: ;.: ing property. .4ri — —.� ..� • • 13lJSINF.SS ANI) I'ItOFh.SSi0NS U)I)F §21663 21660 BUSINESS ANl) PROFESSIONS GO1)i'. • Section (d) "Personal property" means: 14 21665. Copies of reports; retention by operators; time inspection; vendor's copy; availability for (d) All serialized items of merchandise. - inspection during swap meet. • ,! 21666. Receipts for sales; prohibited personal property or merchandise; notice. 2 All ersonal ro art commonl sold at swap meets which statistically is found through crime 21667. Violations; misdemeanor; punishment. reports to the Attorney General to constitute a significant class of stolen goods. A list ge such -� " personal property shall be supplied by the Attorney General to all local law enforcement agencies. , Article 6 was added by Stats.1978, c. 1117, p. 3418, §.1. Such list shall be reviewed periodically by the,Attorney General to insure that it addresses current : problems with stolen goods. § 21660, Legislative intent; application of article; uniform reports ordinances and charters; i (Added by Stats°1978, c. 1117, p. 3418, § 1) •• .rland use and zoning regulations; secondhand dealers; operators and vendors ° • Notes of Decisions and zoning regulations,such as ordinances requiring permits -° It is the intent of the Legislature in enacting this article to require the statewide reporting of or placing conditions on the conduct of swap meets,except. 1' personal property exchanged, sold or offered for sale or exchange at "swap meets" in a uniform may p pp pp ► that it ma not supersede, supplant or supplement the a, -, P P P Y g � g " P " � 1. In general manner designed to permit the correlation of such reports with other reports of law enforcement A city may regulate swap meets of personal property,as reporting requirements of § 21660 et seq. 64 Ops.Atty. *�f. :4' agencies in order to assist in tracing and recovering stolen property and,with the State Board of defined in this section,by measures in addition to land use Gen. 848, 11-24-81. .' .� ry • Equalization to detect possible sales tax evasion.' * fix. ;. �. This article shall apply to swap meet operators and vendors,as defined herein,unless the perspnal § •21662. Inapplicability of article • ,,';.„,....'l ' ' : property or the transaction is specifically exempt herein and shall not be superseded or supplanted lanted b ';�� P P Y P Y !? 1 IP by ��'� "' any provisions or ordinances or charters of any city,county,or city and county,nor supplemented by ? The provisions of this article shall not apply to: 1 - ., t any such ordinances or charters or provisions. Nothing herein contained shall be deemed to affect (a) An event for the exclusive benefit of any community chest, fund, foundation, association or ; the land use and zoning regulatory power of a local agency, nor be construed to require any local :.....,::',1,:::. .t- 1 agency to permit swap meets where such local land use or zoning regulations prohibit such corporation organized and operated for religious, educationF, hospital !r charitable purposes, ` operations.. provided that no part of any admission fee charged vendors or prospective purchasers, or the gross receipts or net earnings from thesale or.exchange of personal property, whether in the form of a' --1......--:-; Any transaction which is regulated by this article shall not be subject to the provisions of Article 4 percentage of such receipts or earnings, as salary,or otherwise, inures to the benefit of any private , (commencing with Section 21625), regulating transactions in identifiable secondhand tangible person- shareholder or person participating in the organization or conduct of the event. `'�is al property. No person,partnership,or corporation shall be considered a'"secondhand dealer"within displayed persons 1-i-• '.,0 " the meaning of Section 21661 because of activities regulated by this article. (b) An event at which all of the personal property offered or dis la ed is new, and all selling,exchanging,or offering or displaying personal property for sale or exchange are manufactur- Article 5(commencing with Section 21650) of this chapter shall not apply to swap meet operators ers or licensed retail or wholesale merchants. 1 and vendors. c) Any vehicle r trailer. s ;',-'-`-'-'c'' (Added by Stats°1978, c. '1117, p. ,3418, § 1. Amended by Stats.1980, c. 1163,. p. 3913, § 1) a ° - ` 'i, Library References zoning regulations,such as ordinances requiring (d) Any vehicle accessory or vehicle part exclusively fora motor vehicle eligible for vehicle' .4 pl g g q g permits or . registration under Section 5004 of the Vehicle Code. { .'. Licenses Licenses§ placing conditions on the conduct of swap meets,except that ,..,--4-,••-• .'� C.J.S. Licenses§ 26 et seq._- it may not supersede,supplant or supplement the reporting (Added by Stats.1978, c. 1117, p. 3418, § 1.) , Fj requirements of this section et seq. 64 Ops.Atly.Gen.848 s rf• ; 11-24-81. § 21663. Reports of property offered or displayed; contents; form Notes of Decisions • `i■ - L. In general (a) Eve vendor shall report all personal property.offered or displayed for sale or exchange on a + A city may regulate swap meets of personal property,as form, prescribed or approved by the California Department of Justice, containing all the following `t r°' y,i° defined.in§ 21661,by measures in addition to land use and information: ( I r' '.-r (1) The name and address of the vendor. § 21661- Definitions �P }Is', (2) A descri tion of the personal ro art offered for sale or exchange, including serial numbers ;, 4 •{yam ,., As used in this article: ` and personal i lentification marks, or where there is no serial number, other identification marks or r 7- t .4 x (a) Swap meet' means any.event: symbols, if any • �. ,1 ' 4. (1) At which two or more persons offer personal property for sale or exchange; and (3) A certification by the vendor that to the vendor's knowledge and belief, the information, b y x s , s t • r (2) At which a fee is charged for the privilege of offering or displaying personal property for sale contained on the form is true. ,�:. ;,` Z,, or exchange; 'or (4) The make,year,model,color and license number of the vehicle or vehicles in which the personal ,,i x� .r fY (3) At which a fee is charged to prospective buyers for admission to the area where personal property is transported to the swap meet. rig. '`r- property is offered or displayed for sale or exchange; or (5) The California seller's permit number(State Board of Equalization sales tax number),if any,of f y: r . (4) Regardless of the number of persons offering or displaying personal property or the•absence of the vendor. r. t - fees, at which used personal property is offered or displayed for sale or exchange if such event is 4 (6) The vendors motor vehicle driver's license number or California identification card numbers. r o- held more than six times in any 12 month period. l• g ;{;� is l; a,, (b) "Swap meet operator" means any person, partnership, organization or corporation which ' (7) If the vendor is an agent of an individual, company, partnership or corporation, the name and • si ::-..,..,......11-...,,,`, ,z controls, manages, conducts or.otherwise administers a swap meet. business address of the principal.•{.. t: (c) "Vendor" means any person, partnership, organization or corporation who exchange, sells, or '1 (b) The reporting.form shall consist of not less than an original and two copies. -..;,. —'. f. offers for sale or exchange any personal property at a swap meet. (Added by Stats.1978, c. 1117, p: 3418, § 1. Amended by Stats.1979, c. 170, p. 388, § 1.) xr' Underline Indicates chances or additions by amendment Ae6nrialea.• • • Indicate deletions by amendment i::::;:.1.;;;:1—,3'i;'...-.31.-.,: l;7r §.21GG3 BUSINESS ANI) PROFESSIONS CODE BUSINESS AND PROFESSIONS CO1)L § 21667 '° '.."--,: ..4..2'e7, ' i Notes of Decisions. zoning regulations,such as'ordinances requiring permits or § 2166fi.• Receipts fllr sales rohibiled personal property or merchandise; notice r i. r p t I. In general placing conditions on the conduct of swap meets,except Dial I I ' it ma not supersede,�racdc,supplant lane or supplement the reporting (a Upon request, a vendor shall ited a the purchaser a written receipt disclosing note e the vendor's r+- .t....,,„0::.;,,,-4.x fA city may regulate swap meets of personal properly,as requirements of § 21660 et say. 64 Ops.Atly.Gen. 848, name and address when the items purchased have a selling price in excess of fifteen dollars ($15}. +- -. 1 defined in§ 21661,by measures in addition to land use and 11-24-81. • r fA #r ` 1 fix- (b) No vendor shall offer or display at a swap meet any new or used personal property or >. P } r r >''~ "l merchandise of a kind which the swap meet operator has expressly prohibited. Every swap meet , , K` ,>,":".';',1;;:;i,,,. § 21664. Distribution of forms to vendors; collection; submission to police chief or sheriff and owner shall post or display •in prominent places at the swap meet, °sonal property or merchandise ; ., }fi :�'4'4 » • ` �;�;�xa to the department of justice; tax evasion;•restricted use vendors regularly offering •vendor prior to the commencement of a swap meet of the kinds of per 1 1 r ai rr� or displaying property$� which may be not offered for sale or exchange. ,`r +�"� "° °� fi (a) The swa meet o erator shall obtain sufficient blank forms from the De�artment of Justice at (Added b Stats.1978 c. 111.7 t. 3418, § 1. Amended by Stats.1980, c. 11¢3, p. 3913,- § 2.) Yq1 f_i,,,. P P iI '� `� of .. awry,. H' � F• ,J , r' a cost not to exceed the actual cost to the department, or shall cause to be printed and be available y ` ,'"+• • ' tip<i ', sufficient forms approved by the department, for the use of vendors attending the swap meet,.and • § 21667. Violations; misdemeanor; punishment `P,k.1 ` t,* w" H�" R, t v shall distribute them to vendors as needed. The vendor shall submit the completed form to the •Z.ir}NA 7 r�� i, + ,' _ ti• operator who shall note on the vendor's copy.that the vendor has submitted such form. The o aerator A violation of any provision of this article,except sub(1eail a f►ne�of feft10 dollars 6($50)for)for first i44 } ��,•- '�+ shall collect'the;original and one copy of the completed forms arid,if the swap meet occurs within the or and may be punishable b up to six months iu coun ] , r " ' territorial limits of an incorporated city, shall submit the original to the chief of police of that city violation, one hundred dollars $100 for the second violation, and two hh fired.dollars $200 for the y• r 4- £,' t within 24 hours or the first working day following the meet. If the swap meet occurs outside a city, , third and subsequent violations, �,3913,§ 3; Stats.1983, " r , t �� a y'.; the swap meet operator shall submit the original to the sheriff of the jurisdiction in which the meet (Added by Stats,1978,c. 1117,p.3418,§ 1'. Amended er Stats.198U,c. 1163,{ ' ) ,: r r eff. Sept. 27, 1983, operative Jan. 1, 1984) avo 1 'V occurs within 24 hours or the first working day following the meet. The chief of police or sheriff c. 1092, p. § 08, urgency, 1 ., ,;G receiving such reports shall forward the original to the California.Department of Justice when the 'a Y 'r' California Department of,Justice specifically requests the reports of, a particular meet. After 1980 Amendment. Inserted the exception for subd.(b)of violaticm from$SO.W to SI(tn.(x); and increased the fine for y t 0 3 P Y q I p a third and subsequent violation from S1W.00 to S2W.W. ., duplication or use these original reports shall be returned to the chief of police •or sheriff who §"21666. ' 1 Ni forwarded the reports. The original shall also be available to the State Board of Equalization`to ;' fron98$500 to e$50.W;crincreased lthe fine f rlatseclond .t.'....'7 + 4 permit them to detect possible.sales tax evasion. Such reports shall not be utilized by a chief of + s ' police, a sheriff, the Department of Justice, or any other governmental agency for the purpose of ;� providing a permanent record of property ownership, nor shall the information derived from these • CHAPTER 10. SELF-SERVICE STORAGE FACILITIES °, reports form the basis for any record other than reports which assist in tracing and recovering of. stolen property or assist in detecting sales tax evasion. (b) Every"vendor shall submit to the meet operator the form disclosing the inform S ation 21700.ection ' in title. required by subdivision (a) of.Section 21663 for each swap meet at which he is a vendor. Items 21701. De ' ions. described in reports previously submitted pursuant to paragraph (2) of subdivision (a) of Section 21702, Lien. 21663 may be omitted from the description on the forms submitted at subsequent swap meets if the 21702.5. Priority; orcement; charges disposition of proceeds [New]. vendor furnishes the swap meet operator of each subsequent swap meet with two co nes of the 21703. Delinquent r• or charges; termination of occupant's rights, notice; co ts. " t report previously submitted,- marked to indicate. personal property.currently being ooffered or displayed. 21704_ Form of notice. 21705. Continuing delinqu ; date of attachment; denial of.access; note .f lien sale; declara fi i (c) A vendor who regularly offers or displays for sale or exchange any new or used personal Lion in opposition to` sale; form. ' - property or merchandise shall be required to submit to the swap meet operator the form d sclosin p g 21706. Nonreceipt of declaration .opposition to lien saledis ositrtz of proceeds. . i ,; the information required by subdivision (a) of Section 21663 only once every 60 days. Such vendor 21707. Lien sale; advertisement, ni• er of conducting; I r shall, however,submit a new report at any swap meet at which he is a vendor and offers or displays 21708. Security •interest•claims• redem.'in by secured par delivery of property; owner's ' ° for sale or exchange an 1;, g any personal property not included by generic classification in the previously immunity. " A. •� , submitted report. For purposes of this subdivision, a vendor shall be deemed to regularly offer or `• 21709. Pre-sale • redemption; retention of props pend'� : court order. 2, display for sale or exchange any items of merchandise if such vendor participates for five or more ... " :" days•in a month at a swap meet conducted at the same location. Any vendor claiming to be a regular 21710. Receipt of declaration in opposition to lien • action to enforce lien;'pleadings; default } judgment sale; stay pending appeal; b • • - seller of new or.used merchandise under the provisions of this subdivision shall so indicate on the r 21711. Good faith purchaser; rights. bimonthly report.• 41' 21712. Contracts; requirements; alternate .ddress for no •(Added by Stats.1978, c. 1117, p. 3418, § 1. Amended by Stats.1979, c. 170, p. 388, § 2.) 21713. Contracts; additional rights, du ' and obligations of p ies. c 21714. Agreements subject to cha§ 21665. Copies of reports; retention by operators; time inspection; vendor's copy; availabili- ty for inspection during swap meet 21715. Pre-existing agreement.• •aledity. . r 21716. Severability. • (a) Swap meet operators shall retain a copy of the reports collected by them for one year and shall 1677, § 1, make such copies available for inspection,upon request,by a peace officer as defined in Section 830.1 •pter 10 was added 6y Stats.1981, c. 439, p. or subdivision (a) of Section 830.3 of the Penal Code or members of the California State Police as 17gg, § 11. Y w defined in subdivision (b) of Section 830.2 of the Penal Cole, when the swap meet occurs on state ormer C_Itapter 10 repealed by Stats.1980, o. 636, p. ''.=:::-":;-.. P' property, or properly identified representatives of the State Board of Equalization. • TABLF. •'-'•.".•‘'', )( (b) Vendors shall have available for inspection during the swap meet a completed copy of the x:., report form which was submitted to the swap meet operator describing the , . displayed for sale or exchange at the swap meet. { g goods offered or Showing'the •disposition of the subject matter of the repealed sections of former Chapter 10 into Chapter c=( 15 of this Code. r ' °t:. (Added by Stats.1978, c. 1117, p.. 3418, § 1.' Amended by Stats.1980, c. 676, p. 1889, § 34) •