Hopp

A municipal ordinance requires a police permit for persons in “the business of buying, selling, exchanging or otherwise dealing in secondhand books.” A hobbyist who collects secondhand books for his personal use—and not for resale—has brought a lawsuit for declaratory relief, challenging the municipality’s claim that he must obtain a police permit for his collecting activities. The trial court granted the municipality’s motion for judgment on the pleadings, finding that the hobbyist is a “secondhand book dealer” within the meaning of the ordinance.

After conducting an independent review, we conclude that the complaint states a cause of action for declaratory relief. The ordinance is directed at persons who engage in a commercial activity—both buying and selling— with a view to profit. Someone who simply collects books for personal enjoyment is not a “secondhand book dealer.” Accordingly, we reverse the judgment in favor of the municipality.

FACTS

Richard Hopp resides in the City of Los Angeles (the City). As a hobby, Hopp collects “books, documents, and ephemera.” Hopp purchases the books, documents and ephemera for his personal use: they are not resold, though he “may…