Gilroy, CA Business Licensing & Operations: Secondhand Dealers (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?
How long must a Gilroy dealer hold items before reselling them?
What disqualifies someone from getting a Gilroy secondhand dealer permit?
What happens if a Gilroy dealer's permit is revoked?
Sources & Official References
Other rules in Gilroy
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