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Berkeley, CA Business Licensing & Operations: Secondhand Dealers (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Recordkeeping duty
Every secondhand purchase, pledge, exchange
Record form source
Berkeley Police Department
Weekly filing
Records due to Chief of Police weekly
Holding period
30 days before disposal
Used-book exception
48-hour hold, purchase-only logging
Violation class
Infraction under BMC Ch. 1.20

Summary

Berkeley secondhand dealers, from pawnbrokers to used bike shops, must log every purchase, pledge, or exchange in a police-supplied record book under BMC § 9.36.010. The book must be turned over to the Police Department weekly and goods held at least 30 days before resale.

Every person, firm or corporation buying, selling, exchanging, receiving in pledge, or otherwise dealing in, whether as a separate business or in connection with other business, secondhand bicycles, bicycle accessories, motorcycles, motorcycle accessories, automobiles, automobile accessories, typewriters, adding or calculating machines, garden hoses, harness, robes, whips, diamonds, jewelry, silverware, old gold or silver, clothing, tools, surgical, dental or drawing instruments or implements, firearms, books, furniture, household furnishings, junk, or any other secondhand article, or any other secondhand articles, in the City, shall keep at their place of business a record on forms to be provided by the Police Department, in which shall be entered, in the English language, at the time of purchase, sale, pledge or exchange of such articles, a description of such article bought, sold, pledged or exchanged, sufficient to identify the same, including serial number, personalized initials or inscription, California operator's license number, and all particular or prominent marks of identification.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

010 requires every person, firm, or corporation buying, selling, exchanging, or receiving in pledge secondhand bicycles, motorcycles, automobiles, jewelry, tools, firearms, furniture, junk, or nearly any other secondhand article in Berkeley to keep a record on forms supplied by the Police Department. Each entry must record, in English, a description of the item sufficient to identify it, including serial number, personalized markings, the seller's California operator's license number, and the seller's signature and address; used-book dealers only need to log purchases and hold books at least 48 hours or two working days before disposal.

020 makes the record book open to inspection by the Chief of Police or any officer at any time during business hours, and it is unlawful to refuse to produce it on demand. 030 requires the dealer to deliver the prior week's original transaction records to the Chief of Police at least once a week. 040 then imposes a 30-day holding period: any article received by purchase, pledge, or exchange must be kept for at least 30 days before the dealer disposes of it, giving police time to match items to reported thefts. 04 and apply regardless of whether the dealing is a dedicated business or conducted alongside other business activity.

Violations & Fines

Any person who violates or fails to comply with BMC Chapter 9.36's recordkeeping, inspection, weekly-reporting, or 30-day holding requirements is guilty of an infraction under Chapter 1.20 per § 9.36.050. Refusing to produce the record book to the Chief of Police or an officer on demand during business hours is a separate unlawful act under § 9.36.020, and each day of noncompliance can be charged separately under the chapter's general enforcement scheme.

Frequently Asked Questions

What must a Berkeley secondhand dealer record about each item bought?
Under BMC § 9.36.010, dealers must log a description sufficient to identify the item, including serial number and personalized markings, plus the seller's California operator's license number and signature and address, all entered in English on police-supplied forms at the time of the transaction.
How long must a Berkeley pawnbroker hold an item before reselling it?
At least 30 days from the date it was received by purchase, pledge, or exchange, under BMC § 9.36.040. Used books are the exception: dealers must hold those only 48 hours or two working days under § 9.36.010.
Does Berkeley police inspect secondhand dealer records?
Yes. BMC § 9.36.020 lets the Chief of Police or any officer inspect the record book at any time during business hours, and § 9.36.030 requires the dealer to deliver the prior week's records to the Chief of Police at least once a week.

Sources & Official References

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