Santa Clara, CA Business Licensing & Operations: Secondhand Dealers (2026)
Key Facts
- Permitting authority
- Chief of Police, § 5.30.030
- State law tie-in
- Bus. & Prof. Code § 21500 et seq.
- Application
- CPA-reviewed financial statement required
- Renewal cycle
- Every two years, § 5.30.090
- Transferability
- Permit non-assignable, § 5.30.080
- Denial appeal
- Chapter 2.115 SCCC procedure
- Max penalty
- $1,000 fine or 6 months jail
Summary
Santa Clara requires secondhand dealers, businesses that buy, sell, trade or take in secondhand goods for consignment or auction, to hold a Chief of Police permit before operating, under City Code § 5.30.030. Applicants file a CPA-reviewed financial statement, submit fingerprints for a California Department of Justice background check, and pay a DOJ investigation fee plus a City processing fee before the Chief approves the permit.
"Secondhand dealer" shall include any person, corporation, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand tangible personal property pursuant to Section 21626 of the Business and Professions Code, as amended from time to time. ... It shall be unlawful for any person to engage in the business of a pawnbroker or secondhand dealer within the city limits without first obtaining a permit issued by the Chief of Police.
Full Breakdown
" A permitted pawnbroker is exempt from this separate secondhand dealer permit for pawn transactions under Business and Professions Code §§ 21641-21642, but a pawnbroker who also runs a secondhand-goods operation must still meet secondhand dealer requirements. 050 and forwards fingerprints to the California Department of Justice. 115 SCCC. 090 requires renewal every other year. 130.
Violations & Fines
Buying, selling or taking in goods from anyone "in an intoxicated condition or from any suspected thief... or a suspected or known receiver of stolen property" violates § 5.30.110 and supports permit denial or revocation. Operating without the required permit, or any Chapter 5.30 violation, is enforced citywide under § 1.05.070 SCCC: up to a $1,000 fine, six months in County jail, or both, as a misdemeanor at the City Attorney's discretion, with each day of a continuing violation a separate offense.
Frequently Asked Questions
What counts as a secondhand dealer in Santa Clara?
Do secondhand dealers have to submit fingerprints in Santa Clara?
Can Santa Clara deny a secondhand dealer permit application?
How long does a Santa Clara secondhand dealer permit last?
Sources & Official References
Other rules in Santa Clara
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Secondhand Dealers in Nearby Cities
How other cities in Santa Clara County handle secondhand dealers.