(a) Definition. In this title, "second-hand dealer" means a person who acquires commercially from the public and trades commercially with the public in tangible personal property, but the term does not include a pawnbroker; a business that deals primarily with the purchase and sale of antiques; a charitable organization that accepts only donations; garage or yard sales; the purchase on consignment of second-hand clothing, furniture, books, or baby accessories and toys; activities of a club, school, church, or charitable organization that include the sale of donated items; or auctions, estate sales, conventions, or trade shows.
(b) License required. A person may not do business as a second-hand dealer without a license issued by the Department.
(c) Standards. No person required to obtain a second-hand dealer's license may have:
(1) ever been convicted, held liable, or found to have committed acts involving moral turpitude, including any violation of federal, State, or local law or regulation;
(2) ever had a judgment entered in an action for fraud, deceit, or misrepresentation by any court of competent jurisdiction;
(3) associations with individuals known to have engaged in organized crime or racketeering;
(4) a financial relationship with any person known to have engaged in organized crime or racketeering;
(5) had direct managerial or supervisory control over an enterprise in which there was a pattern of cheating, fraud, or employee dishonesty; or
(6) engaged in any other conduct that the Director determines to be a threat to the integrity of the business of second-hand sales.
(d) Fee. The fee for a second-hand dealer's license for the first individual licensed to work as a second-hand dealer is $250. The fee for each additional individual licensed at the same location is $50.
(e) Insurance. A person who acts as a second-hand dealer may not undertake to do any work within the County unless the person carries general liability insurance in the minimum amount of $300,000 and property damage insurance in the minimum amount of $100,000.
(f) Contents of license. A license shall designate the address where the licensee is authorized to act as a second-hand dealer.
(g) Expiration. A second-hand dealer's license expires on September 30 of each year.
(h) Revocation. A violation of this title is cause for revocation of a second-hand dealer's license.
(Bill No. 76-10)