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The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise.
“CONSIGNMENT.” A transaction in which a person/bailer delivers goods to a merchant for the purpose of sale and the merchant acts as the bailee or agent for the goods and markets such goods for sale on behalf of the person/bailor. The merchant does not acquire ownership or title to such goods at any time, but may receive a commission upon sale of the consigned goods.
“JUNK DEALER.” Any person engaged in the business of operating a junk yard.
“JUNK YARD.” Any land, building, structure, enclosure, or site where waste materials are purchased, collected, or processed for the purpose of resale, barter, or exchange.
“LICENSEE.” Any person or entity operating as a junk dealer, scrap metal dealer, pawn shop, secondhand dealer or secondhand store, as defined in this chapter.
“MINOR.” Any person under 18 years of age.
PAWNBROKER/PAWNSHOP. Any premises, entity or individual who loans money on deposit of personal property, or who deals in the purchase of personal property on the condition of selling the property back again at a stipulated price, or who makes a public display at his/her/its place of business of the sign generally used by pawnbrokers to denote their business, or who publically exhibits a sign advertising money to loan on personal property or deposit.
“SCRAP METAL.” Any waste and/or new metal products, including but not limited to, old, unwanted metal, parts of vehicles, building supplies, wrought iron, wiring, piping, copper tubing, aluminum (except aluminum cans), steel, and surplus materials.
“SCRAP METAL DEALER.” Any person or entity engaged in the business of purchasing and/or selling scrap metal.
“SCRAP YARD.” Any premises where a business or entity is located that deals in the purchase and sale of scrap, including but not limited to recycling operations.
“SECONDHAND DEALER.” Any person or entity engaged in the business of selling used automobile parts or other used motor vehicle parts.
“SECONDHAND STORE.” Any premises or individual involved in the retail sales of previously used items, such as appliances, refrigerators, stoves, power tools, athletic equipment, washing machines, and dryers, and previously used electronics, such as televisions, computers, cellular phones, portable music devices and stereos. This definition includes stores or other entities that are sometimes referred to as "pawn shops," but excludes used clothing stores, Goodwill Industries, Red Cross, and other charitable organizations.
(Ord. No. 15-2011, 12-6-11)
No person shall engage in the business of junk dealer, scrap metal dealer, pawn shop, secondhand dealer or secondhand store, as defined in §60.601, without first having secured all licenses required for the operation of such a business from the City of Berea. No applicant shall be eligible for a license if he/she/it is delinquent or in default of an obligation to pay a tax, license fee, fine, lien or other financial obligation to the City of Berea.
(Ord. No. 15-2011, 12-6-11)
Every person to whom a city license is granted to carry on the business of a pawnbroker shall annually execute and deliver to the city a bond with good and sufficient surety in the penal sum of $1,000.00. The bond shall be conditioned that the pawnbroker will conduct the business in compliance with the provisions of KRS 226.030 to 226.050, and the provisions of this chapter.
(Ord. No. 15-2011, 12-6-11)
Any person or entity subject to this chapter shall make a daily register with LeadsOnline (Law Enforcement Automated Database Search) or a similar database approved by the Berea Police Department of every purchase or exchange involving pawned items or the purchase of scrap metal or secondhand items. The report shall contain the information set forth in § 60.605. The daily report shall be transmitted electronically to the Chief of Police or his or her designee each day by 11:00 a.m. for all transactions which took place during the previous 24 hours preceding each report.
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