Archives October 14, 2002 admin
California Legal Citation Re: Watch
Posted by bob w. on January 25, 1998 at 15:53:13:
In Reply to: Re: a very important issue… Thanks Mr. Paige!
posted by Bob w. on January 25, 1998 at 15:29:39:
Here is what I found in the California Business and Profession (B&P) Code:
I am still researching. Why don’t you place this in a FAQ or archive?
BUSINESS AND PROFESSIONS CODE
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.
How ’bout the Penal Code?
Posted by bob w. on January 25, 1998 at 16:10:04:
In Reply to: Re: a very important issue… Thanks Mr. Paige! posted
by Bob w. on January 25, 1998 at 15:29:39:
537e. (a) Any person who knowingly buys, sells, receives, disposes of, conceals, or has in his or her possession any personal property from which the manufacturer’s serial number, identification number, electronic serial number, or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed, is guilty of a public offense, punishable as follows:
(1) If the value of the property does not exceed four hundred dollars ($400), by imprisonment in a county jail not exceeding six months.
(2) If the value of the property exceeds four hundred dollars ($400), by imprisonment in a county jail not exceeding one year.
(3) If the property is an integrated computer chip or panel of a value of four hundred dollars ($400) or more, by imprisonment in the state prison for 16 months, or 2 or 3 years or by imprisonment in a county jail not exceeding one year.
For purposes of this subdivision, “personal property” includes, but is not limited to, the following:
(1) Any television, radio, recorder, phonograph, telephone, piano, or any other musical instrument or sound equipment.
(2) Any washing machine, sewing machine, vacuum cleaner, or other household appliance or furnishings.
(3) Any typewriter, adding machine, dictaphone, or any other office equipment or furnishings.
(4) Any computer, printed circuit, integrated chip or panel, or other part of a computer.
(5) Any tool or similar device, including any technical or scientific equipment.
(6) Any bicycle, exercise equipment, or any other entertainment or recreational equipment.
(7) Any electrical or mechanical equipment, contrivance, material, or piece of apparatus or equipment.
**(8) Any clock, watch, watch case, or watch movement.
(9) Any vehicle or vessel, or any component part thereof.
(b) When property described in subdivision (a) comes into the custody of a peace officer it shall become subject to the provision of Chapter 12 (commencing with Section 1407) of Title 10 of Part 2, relating to the disposal of stolen or embezzled property. Property subject to this section shall be considered stolen or embezzled property for the purposes of that chapter, and prior to being disposed of, shall have an identification mark imbedded or engraved in, or permanently affixed to it.
(c) This section does not apply to those cases or instances where any of the changes or alterations enumerated in subdivision (a) have been customarily made or done as an established practice in the ordinary and regular conduct of business, by the original manufacturer, or by his or her duly appointed direct representative, or under specific authorization from the original manufacturer.