4.64.030 EXCEPTIONS FROM CHAPTER.
   The provisions of this chapter, except for the provisions of Paragraph .020 of Section 4.64.060, shall not apply to any secondhand property which has been:
   .010   Acquired in good faith in a transaction involving the stock in trade of another secondhand dealer who previously has made the report or reports required by this chapter of such property included in the transaction and who states in writing that the report or reports so required have been made, and provided the acquiring secondhand dealer submits a copy of such statement to the Chief of Police. Each of the secondhand dealers involved in the transaction shall retain a copy of the statement referred to in this section for a period of three years as a matter of record which shall be made available for inspection by any law enforcement officer;
   .020   Acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock in trade, in bulk, or a substantial part thereof, of an industrial or commercial enterprise for purposes of voluntary dissolution or liquidation of the seller's business, or for the purpose of disposing of an excessive quantity of personal property; or which has been acquired in a nonjudicial sale or transfer from an owner of his entire household of personal property, or a substantial part thereof; provided, the secondhand dealer retains in his place of business for a period of three years a copy of the bill of sale, receipt, inventory list or other transfer document as a matter of record which shall be made available for inspection by any law enforcement officer; and provided further, that the secondhand dealer notifies the Chief of Police that exemption from reporting is being claimed under this section. "Industrial or commercial enterprise" and "owner" as used in this section do not include a secondhand dealer;
   .030   Acquired in a sale made by any public officer in his official capacity, trustee in bankruptcy, executor, administrator, receiver or public official acting under judicial process or authority, or which has been acquired in a sale made upon the execution of, or by virtue of, any process issued by a court, or under the provisions of the Warehouse Receipts Act;
   .040   Acquired in good faith as part or complete payment for other personal property by a person, copartnership, firm or corporation whose principal business is primarily that of selling or trading personal property directly to the consumer; provided, however, that in such transaction no consideration other than stock in trade shall pass from the business enterprise to the person trading or exchanging the used item;
   .050   Acquired as the surplus property of the United States government or of a State, City, County, City and County, municipal corporation or public district and which after requisition or acquisition by the United States government or by a State, City, County, City and County, municipal corporation or public district has never thereafter been sold at retail; and
   .060   Reported by a secondhand dealer as an acquisition or a purchase, or which has been reported as destroyed or otherwise disposed of,
   .0601   To a State agency by the authority of any other law of this State, or
   .0602   To a City, County, or City and County officer or agency by the authority of any other law of this State or a City, County, or City and County ordinance;
   .070   Acquired by gift and the donee, person, firm, partnership or corporation sells the property acquired by gift as a part of the charitable activity carried on by said person, firm, partnership or corporation.
   .080   Acquired from a 501(c)(3) corporation or other non-profit organization that obtained the secondhand property by gift and the seller is a person, firm, partnership or corporation whose principal business is primarily that of selling secondhand property or personal property directly to the consumer. (Ord. 2006 § 1 (part); June 16, 1964: Ord. 6149 § 1; July 21, 2009.)