SECTIONS 21500-21509 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 21500-21509

21500. As used in this article:
(a) "Person" means an individual, firm, partnership, association,
limited liability company, or corporation engaged in the business of
selling watches.
(b) "Consumer" means an individual, firm, partnership, association
or corporation who buys for his or her own use, or for the use of
another, but not for resale.

21501. Except as provided in this article "secondhand watch" means
any of the following:
(a) A watch which, as a whole, or the case thereof, or the
movement thereof, has been sold to a consumer.
(b) Any watch whose case or movement, serial numbers or other
distinguishing numbers or identification marks have been erased,
defaced, removed, altered or covered.

21502. A watch which is returned to the same person who sold the
watch to the consumer, either through an exchange or for credit,
within one year from the date of the original sale, if such seller
keeps a written record of such sales, is not subject to the
provisions of this article, unless the case, movement, serial number
or other distinguishing identification marks have been removed.

21503. The written record referred to in this article shall contain
all of the following information:
(a) The name and address of the consumer.
(b) The date of the sale to the consumer.
(c) The name of the watch or its maker.
(d) The serial number of the watch, if any, on its case or
movement or any other distinguishing numbers or identification marks.

21504. The written record referred to in this article shall be kept
for at least three years from the date of the original sale of the
watch. Such record shall be open for inspection during all business
hours by the district attorney or his representative, of the county
in which the vendor is engaged in business.

21505. Any person who sells, exchanges, offers to sell or exchange,
exposes for sale or exchange, or possesses with intent to sell or
exchange, a secondhand watch, shall affix and keep affixed to the
same a tag with the words "secondhand" legibly written or printed
thereon in the English language.

21506. Any person who sells a secondhand watch shall deliver to the
vendee a written invoice setting forth the name and address of the
vendor, the name and address of the vendee, the date of the sale, the
name of the watch or its maker, and the serial numbers, if any, or
other distinguishing numbers or identification marks on its case and
movement. If the serial numbers, or other distinguishing numbers or
identification marks have been erased, defaced, removed, altered or
covered, this shall be set forth in the invoice.

21507. A duplicate of the invoice required by this article shall be
kept on file by the vendor of the secondhand watch for at least one
year from the date of the sale thereof and shall be open to
inspection during all business hours by the district attorney, or his
representative, of the county in which the vendor is engaged in
business.

21508. Any person advertising in any manner secondhand watches for
sale shall state clearly in such advertising that the watches so
advertised are secondhand watches.

21509. Violation of this article is a misdemeanor.