Berkeley, CA Business Licensing & Operations: Secondhand Dealers (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.
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?
How long must a Berkeley pawnbroker hold an item before reselling it?
Does Berkeley police inspect secondhand dealer records?
Sources & Official References
Other rules in Berkeley
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