A. It shall be unlawful for any principal, employee or dealer regulated by this chapter to:
1. Receive any property from any person known to the principal, employee or dealer to be prohibited from selling by a court order or is under the age of 18 years;
2. Receive property prohibited by this chapter. Items specifically prohibited from being acquired by secondhand dealers include:
a. Medications;
b. Gift cards, in-store credit cards, or activated phone cards;
c. Property with serial numbers, personalized inscriptions or initials or other identifying marks which appear to have been intentionally altered, obliterated, removed, or otherwise rendered illegible; and
d. Any item that cannot be lawfully possessed pursuant to local, state, or federal law;
3. Act as a secondhand dealer within City of Canby without a valid secondhand dealer's permit issued by the Chief of Police;
4. Fail to obtain acceptable identification from the person selling any regulated property;
5. Fail to have the person selling any regulated property sign the transaction report form describing the article acquired;
6. Fail to retain on the business premises a copy of the transaction report form describing the acquired regulated property for a period of 1 year from the date of acquisition;
7. Fail to mail or deliver to the Chief at the close of each business day the original and second copy of all transaction report forms describing regulated property acquired during that business day;
8. Fail to include on transaction report forms all readily available information required by the form;
9. Fail to withhold from sale any regulated property for the required holding period after acquisition;
10. Fail, after acquiring regulated property, to retain the property on the business premises for the required holding period after its acquisition;
11. Fail to allow inspection by the Chief of any regulated property being retained pursuant to this chapter;
12. Fail to allow inspection by the Chief of any records required by this chapter;
13. Fail to have affixed to any acquired regulated property, during the required holding period, a tag on which is written a number in legible characters which corresponds to the number on the transaction report form required by this chapter; and
14. Continue activities as a secondhand dealer after suspension or revocation of a permit or a business license.
B. Any initial violation of § 5.06.110A. is a city code violation punishable by a fine in an amount set by resolution of the City of Canby City Council or its designee. Fines for noncriminal violations of this section are presumptively $500 and are not to exceed $1,000 per violating transaction and could also result in revocation of the secondhand dealer's permit. Subsequent or repeated violations of this section can be punishable criminally as could any secondhand dealing that occurs after permit revocation due to violations of this section. Any criminal charges resulting from this chapter shall go before the Canby Municipal Court and be punishable by no more than 365 days jail and/or a $6,250 fine per violating transaction.
(Ord. 1386, passed 11-6-2013)