(a) Exempt transactions. The following , when received by a , are exempt from the recording and reporting requirements of this Division X, regardless of the purchase price paid by the , asking price if consigned or brokered, or value attributed to it if accepted in trade:
(1) A sale of property from a merchant, manufacturer, wholesaler, corporate entity or government entity, having an established place of business or goods sold at open sale from bankrupt stock provided the must maintain a record of all such transactions which includes a written declaration of ownership that includes at a minimum the following:
(A) The seller’s full corporate name, registered address, telephone number and federal employee identification number (“EIN”) or tax identification number, the full name of the chief executive officer and a description of the seller’s business;
(B) An accurate description of each of property that must identify the in a manner that relates to the transaction record including any unique identifier;
(C) A description of the nature of the transaction, such as trade, or sale;
(D) The purchase price, asking price if consigned or value attributed to the if accepted in trade; and
(E) A signed statement by the seller attesting that the seller is the true owner of the property, or proof of their authorization from the true owner to dispose of the , and that the property is free from all other claims or liens.
(2) Retail and wholesale sales of merchandise by the originally received through a reportable transaction and for which all applicable hold periods have expired.
(b) Records. At the time of a receipt of any within the limits of the city or the receipt of any by a outside the city limits when those goods are intended for sale, held for sale or offered for sale on the , the shall immediately record, using the English language, in an indelible ink or other indelible medium, in a book or journal, which has page numbers that are pre-printed, or in a computerized record approved by the , the following information:
(1) An accurate description of the of property including, but not limited to, its type, composition, size, color and any trademark, identification number, serial number, model number, brand name or other identifying mark on the ;
(2) The nature of the transaction, such as trade, or sale;
(3) The purchase price, asking price if consigned or value attributed to the if accepted in trade, for each received;
(4) The date and time the of property was received by the ;
(5) The full name, address, telephone number, driver’s license or state identification card number, and date of birth of the from whom the of property was received, or in the case of , the user account name or screen name of the seller and the auction’s Internet address; and
(6) The full name of the employee conducting the transaction.
Each received must be separately described and recorded notwithstanding that the may have been received from the same customer at the same time. A must upon request immediately provide to the appropriate law enforcement agency, License Section or their designees all records required under this Division X. Data entries must be retained for at least four years from the date of the transaction.
(c) Customer receipt. The or registrant must provide a receipt to every from whom an of property is received, with the exception of purchased via , and shall maintain a duplicate of that receipt for four years. The receipt shall include the name, address and telephone number of the or registrant, a description of the received and amount paid to the seller therefore and such other information necessary to enable the Police Department to identify the transaction, and every related to it, in the records.
(d) Daily reports to police required. A report to the City Police Department is required for each receipt by a of an described herein inside the city limits or outside the city limits where the is intended for sale, held for sale or offered for sale on the . Each of the described herein shall constitute a separate reportable transaction notwithstanding that several may have been received from the same customer at the same time. For each reportable transaction set forth herein, at the close of each business day, the must submit to the City Police Department the information required by this section of code. The information must be submitted completely and accurately via computer modem or other approved method of electronic submission from the computer to the automated record system and terminal specified by the in accordance with the standards and procedures established by the . who can establish to the that they conduct no more than 200 reportable transactions per year may provide the required information in writing by 12:00 p.m. noon the first business day following the date of the transaction. The must display a sign of sufficient size and in a conspicuous place on the premises so as to inform all patrons that transactions are reported to the Police Department daily.
All of the following types or portions of recordable transactions must be reported to the City Police Department in the manner set forth above:
(1) Any with a unique identifier;
(2) Any consisting of or ;
(3) that are artist signed or artist attributed original works of art; or
(4) Any for which the paid $500 or more in cash or other consideration.
(e) Special report to police required. A report to the City Police Department must be made within 24 hours of that point where a has received from the same seller in a series or transactions within a six-month period merchandise for which the paid $500 or more.
(f) Additional requirements in lieu of automatic holding period. The , in addition to maintaining a $50,000 bond pursuant to § 14.442.10(c) of this Division X, is also required to take and maintain the following photographic records with respect to each sale or transaction that is not described in § 14.442.05(a)(1), (a)(2) or (b).
(1) and property to be photographed. All shall take a color photograph or color video recording of each customer involved in a reportable transaction and every pawned or sold that does not have a unique serial or identification number permanently engraved or affixed.
(2) Photograph requirements. A digital photograph will be taken of quality resolution, to be determined by the Police Department, and in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. The major portion of the photograph must include an identifiable front facial close-up of the who pawned or sold the . photographed must be accurately depicted and of sufficient quality that characteristics of the are identifiable. The must inform the that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. Such photographs must be available to the requesting law enforcement agency within 48 hours of the request. A $100 per day late fee will be assessed for each day after the 48 hours.
(3) Video requirements. If a video recording is taken, the video camera must zoom in on the pawning or selling the so as to include an identifiable close-up of that face. recorded by video must be accurately depicted and of sufficient quality that characteristics of the are identifiable. Video recordings must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The must inform the that he or she is being videotaped by displaying a sign of sufficient size in a conspicuous place on the premises. Such video recordings must be available to the requesting law enforcement agency within 48 hours of the request. A $100 per day late fee will be assessed for each day after the 48 hours.
(4) Electronic reporting problems. If a is unable to capture, digitize or video record the photographs required in this section, the shall immediately take all required photographs with a still camera, immediately develop the pictures and cross-reference the photographs to the correct transaction.
(5) Photographs and videos maintained. Photographs and videos of customers and must be maintained for 60 days.
(Added by Ord. 93-23, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 97-18, passed 5-5-1997; deleted and added by Ord. 2007-18, passed 5-7-2007; Ord. 2011-2, passed 1-24-2011)