(a) Exempt transactions. The following
, when received by a
, are exempt from the recording and reporting requirements of this Division Z, 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, but not limited to, any trademark, identification number, serial number, model number, brand name or other identifying mark on the
;
(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;
(E) A signed statement by the seller attesting that the seller is the true owner of the property and that the property is free from all other claims or liens; and
(F) In the event the seller is not the true owner, the seller must prove they have power of attorney or are executor of the estate; or are the personal representative approved by probate court.
(2) Retail and wholesale sales of merchandise by the
originally received through a
and for which all applicable hold periods have expired.
(b) Records. At the time of receipt of an
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 such
;
(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 Z. 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 an
, and shall maintain a duplicate of that receipt for four years. The receipt shall include sufficient information to enable the Police Department to identify the transaction, and every
related to it, in the
records.
(Ord. 93-24, passed 5-10-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2007-18, passed 5-7-2007; amended by Ord. 2011-2, passed 1-24-2011)