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

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

Key Facts

Permit issuer
Gilroy chief of police
Background check
California DOJ review required
Renewal
Annual, one year from issuance
Record hold
30 days before resale
Denial trigger
Prior stolen-property conviction
Revocation bar
6 months before reapplying
Penalty
Misdemeanor

Summary

Anyone who buys, sells or trades used goods, scrap metal or junk in Gilroy needs a permit from the police chief before opening, per City Code § 12B.2. The chief runs every applicant through the California Department of Justice, and a prior stolen-property conviction is an automatic denial under § 12B.4(a).

§ 12B.2. Permit – Required. ... It shall be unlawful for any person to engage in, conduct, manage or carry on the business of secondhand dealer or junk dealer without first applying for and receiving a permit therefor in writing from the chief of police in the manner provided in this chapter. The conduct of such businesses shall comply with the requirements of this chapter and the California Business and Professions Code Sections 21600 et seq. ... ... § 12B.8. Retention of tangible personal property; reporting of transactions. (a) Every secondhand or junk dealer shall retain in his or her possession for a period of thirty (30) days all tangible personal property reported under the provisions of this chapter. ... ... § 12B.10. Violation; penalty. (a) The violation of any of the provisions of this chapter not otherwise punishable under Section 21645 of the California Business and Professions Code is a misdemeanor.

Full Breakdown

Gilroy's Chapter 12B covers both junk dealers (scrap metal, rags, wire, bottles) and secondhand dealers as defined in California Business and Professions Code §§ 21626-21626.5. Applicants file with the chief of police (§ 12B.3), and the application must clear a Department of Justice review before the city's finance department will issue the accompanying business license (§ 12B.4). Permits run one year from issuance and renew annually on payment of the council-set fee (§ 12B.4(b)).

Every dealer must keep a permanent, English-language transaction log open to police inspection at all times (§ 12B.6), recording each seller's driver's license, passport or Matricula Consular number, the item description, and any engraved markings. Purchased or received property must be held for 30 days from the date it is reported to the chief before resale, though the chief can authorize earlier disposition for good cause (§ 12B.8(a)); dealers must also report every purchase daily, or by the next working day, on Department of Justice forms (§ 12B.8(b)).

Scrap dealers face an added restriction: possessing a stolen fire hydrant, fire department connection, manhole cover or backflow device is a separate violation unless the dealer reports the discovery to police by the next business day (§ 12B.10(b)-(c)). Refusing to let the chief of police inspect the required records is itself unlawful (§ 12B.7), and a revoked permit locks the holder out of the business for six months (§ 12B.5(a)).

Violations & Fines

Violating Chapter 12B is a misdemeanor unless the conduct is already punished under Business and Professions Code § 21645 (§ 12B.10(a)). The chief of police can revoke a permit for any violation after a council-appeal hearing, and a revoked dealer cannot reapply for six months (§ 12B.5). Refusing a police inspection of the required transaction log is a separate unlawful act under § 12B.7.

Frequently Asked Questions

Do I need a city permit to open a secondhand or junk shop in Gilroy?
Yes. City Code § 12B.2 makes it unlawful to buy, sell or otherwise deal in secondhand goods or junk in Gilroy, whether wholesale or retail, without first getting a permit from the chief of police. That permit sits alongside, not in place of, the city's regular business license requirement.
How long must a Gilroy dealer hold items before reselling them?
Thirty days from the date the purchase was reported to the police chief, per § 12B.8(a). The chief may approve an earlier sale for good cause, but the dealer must still report that sale to the chief once it happens.
What disqualifies someone from getting a Gilroy secondhand dealer permit?
A conviction for attempting to receive stolen property, or any other stolen-property offense, permanently bars the applicant under § 12B.4(a). The application also goes through the California Department of Justice before the chief of police can sign off on it.
What happens if a Gilroy dealer's permit is revoked?
The chief of police can revoke the permit after any violation, subject to a city council appeal hearing. Once revoked, the holder cannot get a new secondhand or junk dealer permit for six months, per § 12B.5(a).

Sources & Official References

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