05-05-05: DEFINITIONS:
Unless the context clearly requires otherwise, the definitions in this Section apply throughout this Article as set out below:
COUNTY: Canyon County, Idaho.
MELTED METALS: Metals derived from metal junk or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been processed.
METAL JUNK: Any metal that has previously been milled, shaped, stamped, or forged and that is no longer useful in its original form, except precious metals.
NONMETAL JUNK: Any nonmetal, commonly discarded item that is worn out, or has outlasted its usefulness as intended in its original form except nonmetal junk does not include an item made in a former period which has enhanced value because of its age.
PAWNBROKER: Every person engaged, in whole or in part, in the business of loaning money on the security of pledges, of personal property, or deposits, or conditional sales of personal property, or the purchase or sale of personal property.
PRECIOUS METALS: Gold, silver, and platinum.
PERSON: Includes any natural person, individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate or any other group or combination acting as a unit.
SECONDHAND DEALER: Every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, secondhand personal property, including metal junk, melted metals, precious metals. Secondhand dealer also includes persons or entities conducting business at flea markets or swap meets, more than three (3) times per year. Secondhand dealer does not include a person who deals in new property and takes trade-ins. Secondhand dealer does not include a person who sells or consignment sells secondhand property through or under a space occupying arrangement with a person who possesses a current and unrevoked County secondhand dealer's license.
SECONDHAND OPERATOR: A secondhand dealer's license is not required for those secondhand dealers described in the above definition of secondhand dealer who act as a secondhand dealer and who operate their secondhand property business through or under a space occupying arrangement with a person who possesses a current and unrevoked County secondhand dealer's license. Those persons operating under another person's secondhand dealer's license as described above shall be known as secondhand operators. Secondhand operators must comply with all the requirements of this Article imposed on secondhand dealers or pawnbrokers, except for Sections 05-05-07, 05-05-09, 05-05-19 and 05-05-21 of this Article. A secondhand operator shall make a clear and exact copy of those records required by Section 05-05-11. Those record copies shall at the end of each business day be turned over by the secondhand operator to the secondhand dealer under whose license the secondhand operator is conducting his business. The secondhand dealer shall make such record copies obtained from the secondhand operators available to the Sheriff in the manner described by Section 05-05-13. The secondhand dealer may have his secondhand dealer's license revoked for the failure of the secondhand dealer and/or secondhand operator to comply with the provisions contained in this definition.
SECONDHAND PROPERTY: Any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used books, and clothing of a resale value of seventy five dollars ($75.00) or less. Secondhand property shall include furs of any value.
SHERIFF: Canyon County Sheriff and includes Canyon County Deputy Sheriffs.
TRANSACTION: A pledge, or the purchase of, or consignment of, or the trade of any item of personal property by a pawnbroker, secondhand dealer or secondhand operator from a member of the general public. (Ord. 95-004, 7-3-95)