As used in this chapter, unless the context requires otherwise:
A. Acceptable Identification means either a current driver license, an identification card issued by the Department of Motor Vehicles of a United States state, or 2 current United States federal, state or local government-issued identification 1 of which has a photograph of the seller.
B. Acquire means to take or transfer any interest in personal property in a voluntary transaction, including but not limited to: sales, consignments, memoranda between a dealer and a private party seller, leases, trade-ins, loans, refinements and abandonments. Any acquisitions of regulated property by a dealer will be presumed to be an acquisition on behalf of the secondhand dealer business. Notwithstanding the foregoing, Acquire does not include:
1. Any loans made in compliance with state laws by persons licensed as pawnbrokers by the State of Oregon for the purposes of making a pawn loan; or
2. Memoranda between a dealer and a person engaged in the business of selling regulated property.
C. Council means the City of Canby City Council or its designee.
D. Criminal Convictions Related to Fraud, Deception, Dishonesty, or Theft means any conviction for a criminal violation of this chapter; O.R.S. 162.015 to 162.121; 162.265 to 162.385; 164.005 to 164.235; 164.377; 164.395 to 164.415; Chapter 165, or any similar provision of previous or later Oregon statutes, or statutes of another state, or of the United States.
E. Dealer or Secondhand Dealer:
1. Means any sole proprietorship, partnership, limited partnership, family limited partnership, joint venture, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, limited liability partnership or any other form of organization for doing business and that either:
a. Acquires regulated property on behalf of a business, regardless of where the acquisition occurs, for the purpose of reselling the property; or
b. Offers for sale regulated property in the City of Canby.
2. Notwithstanding division 1. above, Dealer or Secondhand Dealer does not include any of the following:
a. A business whose acquisitions of regulated property consist exclusively of donated items and/or purchases from 501(c)(3) organizations;
b. An individual or business whose only transactions involving regulated property in the City of Canby consist of the acquisition of regulated property for personal use, or the sale of regulated property that was originally acquired by the seller for personal use; or
c. A person whose only business transactions with regulated property in the City of Canby consist of a display space, booth, or table maintained for displaying or selling merchandise at any trade show, convention, festival, fair, circus, market, flea market, swap meet or similar event for less than 14 calendar days in any calendar year.
F. Held Property means any regulated property that cannot be sold, dismantled, altered, or otherwise disposed of for a proscribed period of time as more specifically described in § 5.06.090.
G. Investment Purposes means the purchase of personal property by businesses and the retention of that property, in the same form as purchased, for resale to persons who are purchasing the property primarily as an investment.
H. Medication means any substances or preparation, prescription or over-the-counter, used in treating or caring for ailments and/or conditions in humans or animals.
I. New means anything conspicuously not used.
J. Pawnbroker has the meaning set forth in O.R.S. 726.010(2) and includes any business required by O.R.S. 726.040 to hold an Oregon Pawnbroker's license.
K. Person means any natural person, or any partnership, association, company, organization or corporation.
L. Principal. means any person who will be directly engaged or employed in the management or operation of the secondhand dealer business, including any owners and any shareholders with a 5% or greater interest in the company.
M. Regulated Property means any property of a type that has been determined by the Chief of Police to be property that is frequently the subject of theft, including but not limited to the following property, unless excluded by division 3. below, and may be revised as necessary by the Chief of Police after giving appropriate advance notification.
1. Used items:
a. Precious metals;
b. Precious gems;
c. Watches of any type and jewelry containing precious metals or precious gems;
d. Sterling silver including, but not limited to, flatware, candleholders, salt and pepper shakers, coffee and tea sets or ornamental objects;
e. Audio equipment;
f. Video equipment;
g. Other electronic equipment including, but not limited to: global positioning systems (GPS), electronic navigation devices or radar detectors;
h. Photographic and optical equipment;
i. Electrical office equipment;
j. Power equipment and tools;
k. Automotive and hand tools;
l. Telephones or telephone equipment;
m. Power yard and garden tools;
n. Musical instrument and related equipment;
o. Firearms including, but not limited to, rifles, handguns, shotguns, pellet guns or BB guns;
p. Sporting equipment;
q. Outboard motors, and boating accessories;
r. Household appliances;
s. Cell phones, smart devices, smart phones, tablets, iPods, and all similar devices;
t. Property that is not purchased by a bona fide business for investment purposes, limited to:
i. Gold bullion bars (0.995 or better);
ii. Silver bullion bars (0.995 or better);
iii. All tokens, coins, or money, whether commemorative or an actual medium of exchange adopted by a domestic or foreign government as part of its currency whose intrinsic, market or collector value is greater than the apparent legal or face value; or
iv. Postage stamps, stamp collections and philatelic items whose intrinsic market or collector value is greater than the apparent legal or face value;
u. Computers and computer related software and equipment.
2. New items.
a. New items purchased from a licensed business shall be exempt from regulation under this chapter if the dealer has a bill of lading, receipt, invoice or the equivalent for the new items that specifies the seller's business name, physical and mailing address, date of transaction and description of the purchased items. The bill of lading shall be held by the dealer for 1 year, or as long as the property is in the dealer's possession, whichever is longer. Upon reasonable belief that a specific licensed business is dealing in stolen property, the Chief of Police may deem that new items purchased from that specific licensed business are regulated property.
b. Items acquired from a manufacturer, manufacturer's representative or distributor that are discontinued or have been used for display or demonstration but not previously sold are new and exempt from regulation under this chapter if the dealer has a bill of lading, receipt, invoice or the equivalent that includes the information specified in division 2.a. of this section. The dealer must hold the bill of lading, receipt, and invoice or equivalent for 1 year or as long as the property is in the dealer's possession.
3. Regulated property does not include any of the following property:
a. Books and comic books;
b. Sports cards and sports memorabilia;
c. Glassware and objects d'art including, but not limited to, paintings, prints, sculptures, ceramics, and porcelains;
d. Vehicles required to be registered with the Oregon Motor Vehicles Division;
e. Boats required to be certified by the Oregon Marine Board;
f. Furniture; and
g. Refrigerators, freezers, stoves, ovens, dishwashers, washers and dryers.
N. Remanufactured means that an item has been altered to the degree that the main components are no longer identifiable as the original item.
O. Chief of Police means the Chief of Police for the City of Canby Police Department, or his or her designee.
P. Seller means any person who:
1. Offers items of regulated property in exchange for money or other property; or as collateral for a loan; or
2. Donates or abandons items of regulated property.
Q. Transaction Report means the record of the information required by § 5.06.080, transmitted to the Chief of Police by means required in § 5.06.090.
R. Trade Show means an event open to the public, held in a venue other than a dealer's business location, at which vendors of a specific type of merchandise may exhibit, buy, sell or trade items that may include regulated property.
S. Used means anything that has been put into action or service.
T. Hearings Officer means an officer, official of the city or other employee of the appropriate authority, but shall not have participated in any determination or investigation related to the incident that is subject of the hearing. The Hearings Officer is to be designated by the City Administrator.
(Ord. 1386, passed 11-6-2013)