For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Braham.
LICENSED PREMISES. The specific building which has been licensed pursuant to this chapter. LICENSED PREMISES includes any out buildings, attached or detached, to the LICENSED PREMISES, which has been included in the license.
RECEIVE. To purchase, accept for sale on consignment, or take in pawn any secondhand goods.
SECONDHAND GOODS DEALER. Any person, partnership, firm, or corporation whose regular business includes selling or receiving any tangible personal properties, excluding motor vehicles, previously used, rented, or leased.
(1) The term SECONDHAND GOODS DEALER shall include PAWNBROKERS.
(2) SECONDHAND GOODS DEALER shall not apply to, or include, the following.
(a) The sale of secondhand goods where all of the following are present:
1. The sale is held on property occupied as a dwelling by the seller or owned, rented, or leased by a charitable or political organization;
2. The items offered for sale are owned by the occupant;
3. No sale exceeds a period of 96 consecutive hours;
4. No more than four sales are held in any 12-month period; and
5. None of the items offered for sale shall have been purchased for sale or received on consignment for purpose of resale.
(b) The sale of secondhand books or magazines;
(c) The sale of goods at an auction held by an auctioneer;
(d) The business of buying or selling only those secondhand goods taken as part or full payment for new goods, and where the business is incident to, and not the primary, business of a person;
(e) A bulk sale of property from a merchant, manufacturer, or wholesaler having an established place of business, or of goods sold at open sale from bankrupt stock; and
(f) Goods sold at a farmer’s market.
(Ord. 195, passed 10-4-1999)