(A) A SECONDHAND DEALER is defined as any individual, corporation, business, partnership or other entity, except a non-profit/charitable organization, that operates a retail store or shop engaged in the business of purchasing, selling, receiving, trading, or otherwise transferring for value any secondhand goods, as defined herein, including but not limited to thrift, resale shops; provided, however, that a secondhand dealer shall not include garage sales permitted under §§ 113.060 through 113.064, pawnbrokers licensed under §§ 113.090 through 113.099, a licensed junk dealer under §§ through 114.029, retail establishments that derive less than 50% of gross monthly revenues from the sale of used goods, periodic sales and special-event/convention centers, nor the sale of used cars.
(B) SECONDHAND GOODS is defined as any used or discarded item of personal property that goods, wares and merchandise which was previously owned or used by any person other than the manufacturer, wholesaler, or retailer and has not expended its purpose, including but not limited to any of the following:
(1) Antiques and collectibles.
(2) Artwork, including but not limited to paintings and sculptures.
(3) Audio-visual equipment, including but not limited to any stereo, speaker, radio, video recorder, video camera, television set, tape or disc player.
(4) Bicycles.
(5) Cameras and other photographic instruments and equipment.
(6) China.
(7) Computers, printers, software, and computer supplies.
(8) Clothing.
(9) Crystal.
(10) Electronic toys and games, and related equipment.
(11) Electronic equipment other than electronic toys and games.
(12) Fur coats and other fur clothing.
(13) Microwave ovens and other kitchen appliances.
(14) Mopeds, motor-scooters or similar devices.
(15) Office equipment.
(16) Pianos, organs, guitars, and all other musical instruments.
(17) Precious metals and stones, as defined herein.
(18) Silverware and flatware.
(19) Small electrical appliances.
(20) Sports equipment.
(21) Telephones, including, but not limited to pager and cellular phones and other satellite signal devices.
(22) Tools.
(23) Trading cards and memorabilia.
(24) Valuable metals, including but not limited to aluminum, copper, lead, titanium, stainless steel, copper alloy or brass, formed as a bar, cable, rod, tubing, wire, wire scrap, clamp, connector, bushing or bearing.
(25)
Videotapes, digital video discs, compact discs, records, audiotapes, digital audio discs, or similar audio or audio-visual recording media.
(C) No person shall engage in business as a secondhand dealer within the city without a license. The license fee is $50 per year. No more than two currently-licensed secondhand dealers in the special service area defined by the special service area, Ord. 3325, and no more than ten currently licensed secondhand dealers in the city, shall be permitted at any time. No secondhand dealer license shall issue unless renewed by the current holder of a license (after compliance with this section) or by a new applicant (after compliance with this section) where a current license holder relinquishes the license in writing, presented to the City Clerk or fails to renew said license in a timely manner. Notwithstanding the foregoing, secondhand dealers licensed as of March 31, 2017 are entitled to have their license renewed if compliant with this section, but may not transfer such license.
(D) Every secondhand dealer doing business in the city shall keep a record of every article pledged with him or her or sold to him or her and this record shall be open to inspection of any police officer at any time during the hours of business. Such secondhand dealer shall require the person to present a driver’s license or other proper identification and record the name and the address of the person delivering the article to him or her. It shall be the duty of every secondhand dealer to report to the police any article pledged with him or her or which is sought to be pledged with him or her if he or she shall have the reason to believe that the article was stolen or lost and found by the person attempting to pledge it in the case of a lost article.
(E) A secondhand dealer shall not store and/or display any secondhand goods outside of a retail store or shop other than goods normally intended for outdoor use, and such limited outside display shall only be permitted within 20 feet of the retail store or shop between the hours of 9:00 a.m. and 9:00 p.m. daily.
(1960 Code, §7-2-4) (Ord. 7216, passed 1-5-2009; Ord. 8022-2017, passed 3-20-2017; Ord. 8181-2018, passed 3-19-2018; Ord. 8255-2018, passed 10-1-2018) Penalty, see § 113.999