(a) Definitions; Exceptions.
(1) “Secondhand Dealer” means any person, firm or corporation dealing in or engaging in the purchase or sale of antiques, coins, jewelry or secondhand articles of whatever nature, except as specifically excluded herein, including but not limited to, used bicycles or manufactured articles composed wholly or in part of new or old precious or semi-precious gold, silver, platinum, copper and/or other metals or engaging in the reconstruction or remanufacturing or melting or refining any such articles or reusing the same, video game players, video game accessories, computers, DVD players, DVDs and/or any other electronic equipment. Secondhand dealer includes any person, firm, or corporation or agent thereof who or which regularly engages in or transacts business involving personal property referred to herein whether or not such conduct is by an established dealer or is a temporary or itinerant or transient activity regardless of location and when such activity is engaged in for direct or indirect profit.
(2) “Secondhand Article” means any item of personal property or object value, previously owned or used, which is not purchased or sold as new. Secondhand articles do not include property purchased by a licensed, established merchant from another within or outside the City of Bedford in the normal course of business.
(3) Exceptions. Nothing in this chapter shall be deemed to apply to persons, firms or corporations substantially dealing in the purchase or sale of secondhand pianos, furniture, books, magazines, rugs, tapestries, burlaps, paintings, heavy industrial equipment or secondhand automobiles or who deal with manufacturers or wholesalers for wholesale or retail inventories. This chapter also excludes exchanges of, returns of or credits of merchandise previously purchased where the article or articles are exchanged, returned or credited. This chapter also excludes permitted house or garage sales, permitted auctions, or going out of business sales.
(b) License Required.
(1) Application.
A. No person, firm or corporation or agent thereof shall directly or indirectly be permitted to be a secondhand dealer in the City of Bedford until such person, firm or corporation has first obtained a license to engage in and carry on the business.
B. Every applicant for a license shall make an application in writing on forms provided for such purpose by the City of Bedford to the Chief of Police or his designee. Such application shall set forth the name under which the business is to be conducted; the name of every person having a principal interest in the business; the location where the business is to be carried on; and the nature of such business. The application must be made by the person or persons conducting the business. Those individuals conducting the business shall certify that no person having an interest therein has been convicted of a felony within the past ten years.
C. The Chief of Police shall either grant the application and issue a license or deny the application.
(2) Issuance and Terms of License.
A. Licenses to a secondhand dealer shall be issued annually and expire on December 31.
B. Secondhand dealers may apply for the next year’s license sixty days prior to expiration.
C. Licenses issued under this chapter shall not be transferred to any other person and the business may be conducted only at the location for which the license is issued.
D. A Secondhand Dealer shall not display any sign or other device in or about the premises where such business is conducted which in any way resembles the emblem or sign commonly used by pawnbrokers or which is intended to give the appearance that the business conducted on such premises is connected with the business of a pawnbroker and calculated to so mislead; nor shall there be any sign displayed which is calculated to deceive.
(c) Grandfathering. All Secondhand Dealers within the City of Bedford who have been in business prior to the effective date of this ordinance will need to fill out a license application and apply for their license annually and abide by all of the other sections of this chapter.
(d) Registry and Receipt Book; Receipts; Inspection of Records; Daily Reports.
(1) Each licensee shall maintain an accurate registry and receipt record and shall list therein each transaction describing each article which is the subject of the transaction, designating the articles purchased by the licensee; the purchase price thereof; the date and hour when such transaction was made; the name and address of the seller, drivers license number or other identification number from the card issued under Ohio Revised Code 4507.50 to 4507.52 as well as at least one additional means of identification; the number or numbers of any serial number, monograms or inscription or other marks that may appear on the article; a description of the articles or pieces comprising new or old gem stones, gold, silver, platinum or other metals from whom such purchase was made or from whom such pledge or deposit was received.
(2) The licensee shall make a photocopy of the seller’s driver’s license or identification card and all the items received. Licensee shall mark on the photocopied paper the receipt number, date, time and amount paid to the seller. Licensee shall also note the seller’s phone number under the sellers photocopied driver’s license or identification card. Licensee shall then have the seller sign the photocopy as well as the receipt. Licensee shall write a description next to each item on the photocopy as well as the receipt and shall include a detailed description of the item including the style, color, size and weight. The Licensee must photocopy coins or certificates when they are purchased. The licensee or agent making the purchase shall sign the receipt as well as the photocopy. A copy of the receipt for the foregoing information shall be issued to the seller and a copy of such receipt shall be maintained by the business. The receipts maintained by the business shall be made accessible to law enforcement upon request.
(3) No entry in such registry or receipt shall be erased, obliterated, altered or defaced.
(4) No person shall use a fictitious name or address when such person exchanges or deposits any articles described hereunder in connection with any transaction with any secondhand dealer in the City of Bedford. It will be the licensee or agent’s responsibility to make reasonable assurance that the seller is the same person in the photograph of the driver’s license or identification card presented.
(5) The registry and receipts shall also contain a record of each and all re-sales or other disposition, including the date and hour thereof, of the articles described therein including transactions by which any gold, silver, platinum or other metals are cause to be melted, nor is the holder of a federal license to smelt precious metals exempt from the provisions of this chapter.
(6) Prior to noon on Thursday of every week, the license shall furnish a legible and correct copy of the receipt and the photocopy of the items bought with the seller’s identification to the Bedford Police Detective Bureau via the United States Postal Service or delivered in person.
(e) Minors; Intoxicated or Suspicious Persons. No licensee shall purchase any article described herein from a minor; a person who is mentally incompetent; a person appearing to be intoxicated or under the influence of any illegal substance; a person who is a convicted felon, if licensee knows or has reason to believe that such person is under any such disability; nor shall such licensee at any time purchase any firearm; nor shall any licensee employ any person under such disability, or employ a person who has been convicted of a misdemeanor involving moral turpitude. The licensee shall notify the Bedford Police Department of any suspicious person attempting to sell any article.
(f) Minimum Holding Period.
(1) Bonds, notes, securities or any other personal property purchased by any secondhand dealer shall not be sold, redeemed, broken down for sale or removed from his/her place of business for fourteen (14) days after the daily report provided in subsection (d) hereof has been delivered.
(2) In addition to the foregoing minimum holding period, every secondhand dealer shall continue to hold specified goods when ordered to do so by the Chief of Police or his authorized representative until such police order is abated by the Chief of Police or his representative or by a court order or by order of the Law Director or Prosecutor of the City of Bedford.
(g) Hours of Operation. A person licensed hereunder shall not receive on deposit or purchase any personal property, bonds, notes securities or any articles, property or things before the hour of 8:00 a.m. nor after the hour of 9:00 p.m.
(h) Remedies.
(1) Revocation of License. The Chief of Police, upon conviction of a person for the violation of any of the provisions of this chapter or of any penal statute relating to Secondhand Dealers shall revoke his/her license.
(2) Injunctive Relief. In addition to any other remedy or penalty provided in this chapter, the City of Bedford Law Director, is hereby empowered to issue an order prohibiting any party from violating subsection (b)(1)A. and may enforce such order obtaining injunctive relief in civil court.
(i) Penalty. Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. Each day on which a violation occurs or continues shall be deemed a separate offense.
NOTE: THE CITY WILL NEED AN APPLICATION FOR LICENSE AND A FORM OF LICENSE TO BE DISPLAYED. (Ord. 8862-11. Passed 9-19-11.)