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Santa Barbara County, CA Business Licensing & Operations: Secondhand Dealers (2026)

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

Key Facts

Permit required
Bus. & Prof. Code § 21641 (Sec. 26A-2)
Threshold
secondhand sales over 20% of gross sales (Sec. 26A-3(d))
Reporting
every item to sheriff's dept within 24 hrs (Sec. 26A-4(g))
Records
kept 3 years, open to sheriff inspection (Sec. 26A-4(k))
Enforcement
permit suspension/revocation by sheriff (Sec. 26A-5)

Summary

Secondhand dealers in unincorporated Santa Barbara County, defined as anyone whose principal business is buying, selling, trading or consigning used personal property, must hold a county permit under Business and Professions Code Section 21641 and follow the daily reporting, ID-check and recordkeeping rules in Chapter 26A.

These county ordinances apply to unincorporated areas of Santa Barbara County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

'Secondhand dealer' means 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 tangible personal property; any person who engages in the business of buying or selling secondhand tangible personal property in excess of twenty percent of the gross sales and purchases of goods or merchandise sold or purchased in the regular course of business; but not including persons performing the services of an auctioneer for a fee or salary ... Every item of property received by way of pledge, purchase, consignment or trade, whether received on or off the permittee's premises but within Santa Barbara County, shall be reported daily to the Santa Barbara sheriff's department on forms approved by the sheriff.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 44 Update 1).

Full Breakdown

Chapter 26A defines a 'secondhand dealer' under Sec. 26A-3(d) as any person whose principal business is 'buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand tangible personal property,' or anyone whose secondhand transactions exceed 20 percent of their gross sales, with an exclusion for paid auctioneers. Sec. 26A-4(a) makes each permittee responsible for ensuring employees and agents comply with the chapter, and violations by staff can trigger administrative action against the permit itself. Sec. 26A-4(d) bars accepting any item with a removed or altered serial number.

Sec. 26A-4(g) requires every item received by pledge, purchase, consignment or trade, on or off premises but within the county, to be reported daily to the Santa Barbara sheriff's department on approved forms, itemizing type, manufacturer, trade name, serial number, model number, inscriptions and, for jewelry, carat weight, stone type and metal type; no permittee may hold an item longer than 24 hours without filing that report under Sec. 26A-4(g)(4). Sec. 26A-4(k) requires the permanent record, transaction slips and property reports to be kept on the premises for three years and open to sheriff's department inspection during business hours, and Sec.

26A-4(l) separately lets any sheriff's deputy audit the dealer's business records under Financial Code Section 21206. Sec. 26A-4(n) exempts purchases for which the dealer holds an original manufacturer or distributor invoice from the identification and reporting rules in subsections (c) through (h).

Violations & Fines

Violating any Chapter 26A regulation subjects a secondhand dealer's permit to suspension or revocation by the sheriff under Sec. 26A-5. Sec. 26A-6 allows the sheriff to suspend a permit immediately on reasonable cause pending a hearing before the county tax collector, held within ten days of suspension, with either party able to appeal the tax collector's ruling to the board of supervisors within 15 days.

Frequently Asked Questions

What counts as a secondhand dealer in Santa Barbara County?
Sec. 26A-3(d) covers anyone whose principal business is buying, selling, trading, pawning, consigning or auctioning used personal property, plus any business where secondhand transactions exceed 20 percent of gross sales and purchases. Paid auctioneers are excluded from the definition.
How fast must a dealer report items to the sheriff?
Sec. 26A-4(g) requires every pledged, purchased, consigned or traded item to be reported daily to the Santa Barbara sheriff's department on approved forms, and Sec. 26A-4(g)(4) bars holding any item more than 24 hours after receipt without filing that report.
Can the sheriff shut down a secondhand dealer for violations?
Yes. Sec. 26A-5 lets the sheriff suspend or revoke a dealer's permit for violating Chapter 26A, and Sec. 26A-6 allows immediate suspension pending a hearing before the county tax collector, with an appeal to the board of supervisors available within 15 days of that decision.

Sources & Official References

Other rules in Santa Barbara County

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