Downey, CA Business Licensing & Operations: Secondhand Dealers (2026)
Key Facts
- Permit required
- before opening (§ 6542)
- Report deadline
- noon, day after acquiring the item
- Record retention
- 3 years, open to police inspection
- Resale hold
- 30 days before reselling any item
- Enforcing office
- Chief of Police / Police Division
- Separate permits
- one per regulated activity at a location
Summary
Downey requires anyone whose principal business is buying, selling, trading, pawning or consigning used personal property to get a City permit before opening, under Municipal Code Sections 6537.5 and 6542. Secondhand dealers must also report every item acquired to the Police Division within a set deadline and hold it 30 days before resale.
A "secondhand dealer" is any person whose principal business is primarily that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand personal property. The provisions of this part shall not apply to any identifiable secondhand tangible personal property which has been acquired in good faith as part or complete payment for other personal property by a person whose principal business is primarily that of selling new personal property directly to the consumer. ... No person shall engage in, conduct, manage or carry on the business of pawnbroker, secondhand dealer, auto dismantler or junk dealer, without having first obtaining a permit from the City to do so in the manner provided by this article.
Full Breakdown
5 defines a "secondhand dealer" as anyone whose principal business is "buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand personal property," but exempts new-goods retailers who occasionally take used items as trade-in credit. Section 6542 requires a City permit before conducting that business, obtained through the Chapter 4 procedure: a sworn application to the Chief of Police (Section 6402), a background investigation into the applicant's moral character (Section 6403), and appeal rights to the City Council (Section 6404).
Once permitted, Section 6538 requires every secondhand dealer to file an original and duplicate report with the Chief of Police, on City-supplied forms, of every item of identifiable secondhand property purchased, taken in trade, pawned, consigned or accepted for auction, no later than noon the day after the transaction. A triplicate copy stays with the dealer for three years, and the dealer's inventory and records must be open to police inspection at any time during business hours. 1 spells out what each report must show: the hour the item was received, the true name, address and description of the person who sold or pawned it, the pawn ticket number if applicable, the amount loaned or paid, and a description of each item; a copy of this part of the Code must stay posted at the dealer's place of business.
Section 6539 makes it unlawful to fail to file a required report or to refuse an officer's demand to inspect records or merchandise. Section 6540 bars a secondhand dealer from reselling or otherwise disposing of any item for 30 days after acquiring it, giving police a window to match reported goods against theft reports. A dealer who also runs another regulated business defined in this part, such as a pawnshop or junk operation, at the same location must hold a separate permit for each activity under Section 6543.
Violations & Fines
Failing to file the required acquisition report, filing a false report, refusing a police inspection of records or merchandise, or reselling an item before the 30-day hold expires violates Sections 6538 through 6540 and can support permit denial or revocation. Because identifiable secondhand goods are useful for tracing stolen property, the Police Division enforces the reporting and hold rules directly. A violation is prosecutable under Section 1200: a misdemeanor up to $1,000 and six months in jail, or a graduated infraction of $100 to $500.
Frequently Asked Questions
Do I need a City permit to run a secondhand store in Downey?
How fast do I have to report items I buy or take in trade?
How long must I hold merchandise before reselling it?
Is a retailer who takes trade-ins on new merchandise a 'secondhand dealer'?
Sources & Official References
Other rules in Downey
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