A. License Required; Fee: No person shall engage in the business of pawnbroker or secondhand goods dealer within the City unless such person is licensed under this chapter. Any pawn transaction made without benefit of a license is void. The annual fee for such license shall be established by council ordinance from time to time.
B. Payment, Proration And Refund Of Fees:
1. Payment of Fee; Proration: The license fee shall be paid in full before issuance. The fee for a pawnbroker or secondhand goods dealer license granted after the commencement of the license year shall be prorated on a monthly basis. For the purposes of establishing the prorated license fee, the month of the application is excluded.
2. Refunds: Upon withdrawal of the application for a license before approval of the issuance by the council, the license fee shall be refunded.
C. Nontransferability Of License; Information Regarding Buildings: A license under this section shall authorize the licensee to carry on its business only at the permanent place of business designated in the license. No license may be transferred to a different location or to a different person. Any and all property or buildings used for storage of items related to the pawnshop or secondhand goods dealership must be identified in the application for a license.
D. Pawnbrokers As Secondhand Goods Dealers; Secondhand Goods Dealers As Pawnbrokers: A pawnbroker may not operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker's license. A secondhand goods dealer may not conduct, operate, or engage in the business of pawnbroker without having first obtained a pawnbroker license in addition to a secondhand goods dealer license.
E. Exemptions From License Requirements: The aforementioned license requirements do not apply to or include the following:
1. The sale of secondhand goods at events commonly known as "garage sales", "yard sales" or "estate sales", where all of the following conditions are present:
a. The sale is held on property occupied as a dwelling by the seller, or owned, rented or leased by a charitable or political organization;
b. The sale does not exceed a period of seventy two (72) consecutive hours;
c. Not more than two (2) sales are held either by the same person or on the same property in any twelve (12) month period; and
d. None of the items offered for sale have been purchased for resale or received on consignment for purpose of resale.
2. Any person engaged in the business of dealing in secondhand motor vehicles or secondhand parts for motor vehicles.
3. The sale of goods at an auction held by a licensed auctioneer.
4. The business of buying or selling only those secondhand goods taken as part or full payment for new goods, and where such business is incidental to and not the primary business of a person.
5. A bulk sale of property from a merchant, manufacturer, or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock.
6. Goods sold at a public market.
7. Goods sold at an exhibition.
8. The sale of furniture, clothing and related accessories.
F. Multiple Secondhand Goods Dealer Licenses:
1. The owner of a business at which two (2) or more secondhand goods dealers are engaged in business by maintaining separate sales space and identifying themselves to the public as individual dealers may obtain a multiple secondhand goods dealer license for that location. A multiple license may not be issued unless the following requirements are met:
a. The businesses must have a single name and address.
b. The businesses must operate in a compact and contiguous space.
c. The businesses must be under the unified control and supervision of the one person who holds the license.
d. Sales must be consummated at a central point or register operated by the owner of the business, and the owner must maintain a comprehensive account of all sales.
e. The full name, date of birth and address of all dealers must be disclosed at least ten (10) days prior to conducting business at the time of original application and renewal.
2. The holder of a secondhand goods dealer license under this section for a business with more than one dealer at the same location must comply with all of the requirements of this chapter, including the responsibility for police reporting and record keeping, in the same manner as any other dealer licensed under this section. A dealer licensed under this subsection is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as any other dealer licensed under this section.