(a) The report of the receipt or purchase of secondhand tangible personal property required by Business and Professions Code section 21628 is the “Property Transaction Report.”
(b) The secondhand dealer or pawnbroker shall electronically submit Property Transaction Reports to CAPSS by one of the following processes:
(1) The Department's CAPSS web-based report.
(2) The Department's CAPSS web-based bulk upload.
(3) The Department's CAPSS application programming interface protocol.
(c) The Property Transaction Report shall include the following information:
(1) Intended seller or pledger information, which shall be populated as “on file” in CAPSS:
(A) First name.
(B) Last name.
(C) Date of birth.
(D) Address.
1. If the intended seller or pledger address is in the United States then the street address shall be entered in the “address” field.
2. If the intended seller or pledger address is outside of the United States then the entire non-United States address shall be entered in the “address” field.
3. If the intended seller or pledger has no address then “None” shall be entered in the “address” field.
4. Only one address shall be provided.
(E) City.
1. If the intended seller or pledger address is outside of the United States then no entry shall be made in the “city” field.
(F) US state or territory.
1. If the intended seller or pledger address is outside of the United States then no entry shall be made in the “US state or territory” field.
(G) Postal code.
1. If the intended seller or pledger address is outside of the United States then no entry shall be made in the “postal code” field.
(H) Gender.
(I) Hair color.
(J) Eye color.
(K) Height (ft. and in.).
(L) Weight (lbs.).
(M) Identification document information:
1. Identification type.
2. Issuing state or territory.
3. Issuing country.
4. Identification number.
5. Identification date of issue or identification expiration year.
(2) Store information:
(A) Store name.
(B) Secondhand dealer or pawnbroker license number.
(C) Licensing authority.
(D) Address.
(E) City.
(F) State.
(G) Postal code.
(H) Store phone number.
(I) Store representative.
(3) Transaction item(s) information:
(A) Transaction date.
(B) Transaction time.
(C) Transaction type.
(D) Article field.
1. The “article field” shall consist of either an article field descriptor or a plain text descriptor.
(E) Plain text description.
(F) Brand name.
1. If the brand name of the tangible personal property is not reasonably ascertainable then “Unknown” shall be entered in the “brand name” field.
2. If the tangible personal property has no brand name then “None” shall be entered in the “brand name” field.
(G) Model.
1. If the model name or number of the tangible personal property is not reasonably ascertainable then “Unknown” shall be entered in the “model” field.
2. If the tangible personal property has no model name or number then “None” shall be entered into the “model” field.
(H) Color.
(I) Material.
1. If the material of the tangible personal property is not reasonably ascertainable then “Unknown” shall be entered in the “material” field.
(J) Size.
1. If the size of the tangible personal property is not reasonably ascertainable then “Unknown” shall be entered in the “size” field.
(K) Serial number.
1. If the serial number of the tangible personal property is not reasonably ascertainable then “Unknown” shall be entered in the “serial number” field.
2. If the tangible personal property has no serial number then “None” shall be entered in the “serial number” field.
(L) Owner-applied number.
1. If the owner-applied number of the tangible personal property is not reasonably ascertainable then “Unknown” shall be entered in the “owner-applied number” field.
2. If the tangible personal property has no owner-applied number then “None” shall be entered in the “owner-applied number” field.
(M) Personal inscription.
1. If the personal inscription of the tangible personal property is not reasonably ascertainable then “Unknown” shall be entered in the “inscription” field.
2. If the tangible personal property has no personal inscription then “None” shall be entered in the “inscription” field.
(N) Manufacturer's pattern name.
1. If the manufacturer's pattern name of the tangible personal property is not reasonably ascertainable then “Unknown” shall be entered in the “manufacturer's pattern name” field.
2. If the tangible personal property has no manufacturer's pattern name then “None” shall be entered in the “manufacturer's pattern name” field.
(d) Submission of the Property Transaction Report by the pawnbroker or secondhand dealer affirms that the person taking the information has verified the identification of the intended seller or pledger.
(e) The person taking the information shall notify the intended seller or pledger that the intended seller or pledger's signature and fingerprint constitutes certification by the intended seller or pledger that:
(1) They are the owner or have the authority of the owner to sell or pledge the property; and,
(2) To their knowledge and belief the information they provided is true and complete.
Credits
Note: Authority cited: Section 21628, Business and Professions Code; and Section 21208, Financial Code. Reference: Section 21628, Business and Professions Code; and Section 21208, Financial Code.
2. Amendment of subsections (b)(3) and (c), new subsections (d)-(e), subsection relettering, amendment of newly designated subsections (g)(1)-(2) and amendment of Note filed 4-13-2022; operative 1-1-2023 (Register 2022, No. 15).
3. Change without regulatory effect amending section filed 3-27-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 13).
This database is current through 7/12/24 Register 2024, No. 28.
