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§ 60.603 BOND
   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)
§ 60.604 DAILY REPORTS TO POLICE DEPARTMENT
   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.
§ 60.605 RECORDS
   (A)   All junk dealers, scrap metal dealers, pawn shops, secondhand dealers and secondhand stores shall keep a record of their transactions involving pawned items or the purchase of scrap metal, or secondhand items from third parties.
   (B)   The records mandated above shall contain the following information:
      (1)   Name, address, date of birth and phone number of seller; and
      (2)   Date and time of purchase/exchange of the item; and
      (3)   A detailed description of the article or articles purchased by the dealer or store, including any manufacturer's name, identification numbers, serial number, model number, and any identifying marks; and
      (4)   The signature of the scrap metal dealer, secondhand dealer, pawn shop operator or secondhand-store operator and the seller executed at the time of the purchase; and
   (C)   In addition to the records mandated above, the dealer/licensee shall also collect the information below related to each transaction and retain these records at the establishment where the transaction took place. The information set forth below shall be available upon request to the Berea Police Department, and all other law enforcement officers when in discharge or his or her official duties at any time during the dealer/licensee's regular business hours.
      (1)   A photocopy, or clear copy produced by a computer scanner, of the seller's driver's license, state identification card, or official United States military identification with photograph (collectively "photo identification"); and
      (2)   A digital photograph of the seller's face, or a still color print of the seller's face (a licensee that has scanned a clear copy of the seller's photo identification via computer that matches the current appearance of the seller shall be exempt from this provision); and
      (3)   A digital photograph of the article or articles purchased by the dealer or store (digital photographs are not necessary for compacted discs, VHS tapes or DVDs, or any item with a complete, readable serial number); and
      (4)   At the option of the dealer/pawn broker, the seller and the article or articles to be purchased may be depicted in the same digital photograph.
   (D)   The scrap metal dealer, secondhand dealer, pawn shop operator or secondhand-store operator shall maintain all records of purchase of items covered under this chapter for a minimum period of one year from the date of the transaction.
(Ord. No. 15-2011, 12-6-11)
§ 60.606 TAGGING OF MERCHANDISE; RESTRICTIONS ON RESALE
   (A)   Articles purchased or exchanged by any person or entity licensed under this chapter, other than scrap metal, shall be retained by the purchaser for at least ten days before disposal or sale of the articles and kept in an accessible place at the business where the articles were purchased or received. A tag shall be attached to the articles in some visible and convenient place with the number written thereon, corresponding to the entry number on the report required by this chapter.
   (B)   Scrap metal purchased by a licensee shall be retained by the licensee for at least 72 hours before disposal.
   (C)   Any pawned item shall be retained by the licensee according to the timeframes set forth in KRS 226.050 or other applicable Kentucky statute.
   (D)   Licensees shall retain each and every article received by them in the same state or condition in which it was received, and all articles during any one day's transaction shall be kept separately and shall not be commingled with articles received during any other day's transactions. Furthermore, all articles shall be made available for examination by officers of the Berea Police Department, or any law enforcement officer, when in discharge of his or her official duties, at all reasonable times during the applicable hold period set forth above.
(Ord. No. 15-2011, 12-6-11)
§ 60.607 TRANSACTIONS WITH MINORS
   No junk dealer, secondhand dealer, pawn shop, or secondhand store, or scrap metal dealer shall directly or indirectly purchase or receive by way of barter or exchange or otherwise any articles or items of any person under the age of 18 years old, knowing or having reason to believe him or her to be a minor.
(Ord. No. 15-2011, 12-6-11)
§ 60.608 EXCEPTIONS
   Nothing contained herein shall require compliance with this chapter by a business or entity that only deals in consignment of merchandise and does not purchase items from the public or accept items for pawn, or by a licensee who is accepting a return for cash, credit, or replacement of any item originally purchased from the licensee. Any transaction involving a vehicle, wedding gown, or work of art (such as paintings, sculptures, ceramic art, drawings or photography) is exempt from the provisions of this chapter. Any recycling operation conducted by the City of Berea or Madison County shall also be exempt from the provisions of this chapter.
(Ord. No. 15-2011, 12-6-11)
§ 60.609 Penalty
   Any violation of this subchapter shall be a misdemeanor under Kentucky law.
(Ord. No. 15-2011, 12-6-11)