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Legal Opinion

Opinion No. (2005)

California Attorney General Reports

Decided April 6, 2005Published

1Opinion of the Court

BILL LOCKYER Attorney General SUSAN DUNCAN LEE Deputy Attorney General

THE HONORABLE VIRGINIA GENNARO, CITY PROSECUTING ATTORNEY, CITY OF BAKERSFIELD, has requested an opinion on the following question:

Is a person required to hold a license as a "secondhand dealer" if (1) he or she owns a "drop-off" store located within the state where secondhand tangible personal property is accepted for sale to be conducted on an internet auction website, (2) the property is held for display or in storage at the store or off the premises, (3) the property is advertised and sold by an internet auction…

2Cases cited7 opinions

  1. In Re PhyleCalifornia Supreme Court · 1947
  2. In Re Marriage of PintoCalifornia Court of Appeal · 1972
  3. Consolidated Accessories Corp. v. Franchise Tax BoardCalifornia Court of Appeal · 1984
  4. Reiter v. AndersonCalifornia Court of Appeal · 1927
  5. Malish v. City of San DiegoCalifornia Court of Appeal · 2000

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