4-264-010 License – Required.

   It shall be unlawful for any person to engage in the business of a secondhand dealer without first obtaining a license therefor for each separate place, premises or location where such business is to be conducted, or for each automated recycling kiosk. The license issued pursuant to this chapter shall be administratively categorized as either secondhand dealer or secondhand dealer – non-valuable (collectively, "secondhand dealer").

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-22-93, p. 31558; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 2-22-17, p. 43916, Art. III, § 2; Amend Coun. J. 9-6-17, p. 54980, § 2)

4-264-020 License – Application – Investigation.

   An application for license as a secondhand dealer shall be made in conformity with the general requirements of this Code relating to applications for licenses. When an application for such license is made, the commissioner of business affairs and consumer protection shall cause an investigation to be made to ascertain whether the applicant has complied with the state laws and the provisions of this Code applicable to said business, and whether the applicant is of good character and repute. Provided, however, that such investigation shall not be required for a secondhand dealer that deals in only children's products.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 5-9-07, p. 105047, § 14; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

4-264-030 License – Fee.

   The fee for a secondhand dealer's license shall be as set forth in Section 4-5-010. Provided, however, that the fee for a secondhand dealer that deals in only children's products shall be $250.00 and such fee shall be waived for a not-for-profit secondhand dealer that deals in only children's products.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 1-13-10, p. 83191, § 1)

4-264-040 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 132, repealed former § 4-264-040, which pertained to frontage consents.

4-264-050 Recordkeeping.

   (a)   LeadsOnline electronic reporting – Required – Exception. At the time of each transaction, each licensee under this chapter shall enter into an accessible computer database, using the LeadsOnline electronic reporting form, an accurate description in English (i) every article of secondhand property received, purchased, sold or exchanged by the licensee; (ii) the date of the transaction; and (iii) the name and address of the purchaser or seller. Provided, however, that if the licensed business does not have internet access, the licensee shall seek permission and approval from the Superintendent of Police to use an alternative reporting system acceptable to the Superintendent. No entry made in such database or other approved reporting system shall be erased, obliterated or defaced.

   (b)   (1)   Description of secondhand property required. The description of each article of secondhand property, other than digital audio discs or digital video discs which shall be governed by Section 4-264-052, shall include the following information: the brand name; the model number, if available; any serial number or other identification number installed by the manufacturer; and a description of every other identifying marking, such as an inscription, a social security number, a name, a nickname or an address, appearing on the item.

      (2)   Additional descriptive information – When required. In addition to the information required to be provided under subsections (a) and (b)(1) of this section, the description of secondhand watches, jewelry, cell phones and other wireless communication devices shall include the following information:

         (i)   Watches. The description of each watch shall include: the brand name; model number, if available; a description of the metal or metals of its composition; a description of the band; a description of the face by number, color and cut, shape and type of stone or stones, if any; and a description of any inscriptions appearing on the watch. In addition, each watch shall be photographed in color.

         (ii)   Jewelry. The description of each item of jewelry shall include: the type of jewelry; a description of the metal or metals of its composition; the weight of said metal or metals; the type, cut and shape of each stone; and a description of all inscriptions. Each ring shall also be identified by ring size. In addition, each item of jewelry shall be photographed in color.

         (iii)   Cell phones and other wireless communication devices. The description of each cell phone or other wireless communication device shall include the Mobile Equipment Identifier (MEID), International Mobile Station Equipment Identity (IMEI) or Electronic Serial Number (ESN) of the wireless communication device.

   (c)   Description of seller – Required. The description of each person who sells an item of secondhand property to the licensee shall consist of the person's name, residence address, date of birth, social security number, weight, height and gender. If the person has no social security number, the licensee shall record this fact.

   (d)   Identification of seller – Required. Every licensee shall require two forms of identification to be shown to the licensee by each person selling an article of secondhand property to the licensee. At least one of the two forms of identification must list the person's name, date of birth and residence address. Except as provided in subsection (e) of this section, at least one of the two forms of identification must be a photographic identification issued by a federal, state or local governmental entity. Forms of identification may include, but are not limited to, a state driver's license, a state identification card, a passport, a military identification card, a social security card, or a credit card or utility bill.

   (e)   Photograph of customer by licensee – When required. If the customer does not have a photographic identification card issued by a federal, state or local governmental entity, the licensee shall photograph the customer. The photograph shall be in color. On the reverse side of the photograph, the licensee shall record the customer's name, residence address, date of birth, social security number, gender, height and weight. If the customer has no social security number, the licensee shall record this fact. Two forms of identification shall also be required. At least one of the two forms of identification shall include the person's name, date of birth and residence address.

   (f)   Inspection of records. The records required under this section shall, at all times during the licensee's business hours, be open to inspection by the Commissioner, or any member of the police force, or any investigator of the Department of Business Affairs and Consumer Protection.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 10-1-03, p. 8865, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 9-8-10, p. 99259, § 2; Amend Coun. J. 5-9-12, p. 27485, § 133; Amend Coun. J. 7-30-14, p. 85719, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 15)

4-264-051 Report to police.

   (a)   It shall be the duty of every licensee under this chapter to prepare and deliver, using the LeadsOnline electronic reporting form, to a location or locations designated by the superintendent of police, every day, before the hour of 12:00 noon, a legible and correct copy of the information required under Section 4-264-050 of all secondhand property purchased during the preceding day, setting forth the hour the property was when received and a description of the person selling such secondhand property. Provided, however, that if the licensed business does not have internet access, the licensee shall seek permission and approval from the superintendent of police to use an alternative reporting system acceptable to the superintendent.

   (b)   The photographs required under Section 4-264-050 shall be included in the records delivered to the superintendent of police.

(Added Coun. J. 5-2-01, p. 58600, § 1; Amend Coun. J. 5-9-12, p. 27485, § 134)

4-264-052 Record keeping requirements related to digital audio and video discs.

   (a)   Every person requiring a license under this chapter shall prepare and maintain records concerning the receipt of digital audio discs and digital video discs in accordance with this section. Records shall be maintained in English, and either typed, written in ink or stored in an accessible computer database capable of being printed in English at the dealer's business location. The records shall be complete within 24 hours of each transaction in which the person requiring the license acquires one or more digital audio discs or digital video discs. The records shall include: date of transaction; the name, address and date of birth of the source of the disc or discs; the form of identification, and its identifying number, relied on in establishing the person's identity; the number of discs acquired in the transaction; and the amount paid. For purposes of this section, only those forms of identification described in subsection (d) of Section 4-264-050 of this chapter shall be accepted.

   (b)   Records described in subsection (a) of this section shall, during the secondhand dealer's business hours, be open to inspection and copying by the Commissioner, any member of the police department and any investigator of the Department of Business Affairs and Consumer Protection.

   (c)   Any person who violates any provision of this section shall be subject to a fine of not less than $200.00 and not more than $500.00 for each transaction requiring to be recorded.

(Added Coun. J. 10-1-03, p. 8865, § 2; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 16)

4-264-060 Use of unlicensed premises prohibited.

   1.   No secondhand dealer shall make use of any property, private or public, not included within the licensed premises, for the storage, handling or display of any secondhand article.

   2.   No secondhand dealer, their agent, or any other agency, organization or individual shall place or cause to be placed any unattended receptacle for the purpose of accepting donations of any kind on public or private property without the applicable permit. Any violation of this section or any rule or regulation promulgated thereunder may result in license suspension or revocation in accordance with the requirements of Section 4-4-280.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-15-06, p. 92009, § 1; Amend Coun. J. 11-15-12, p. 42188, § 2)

4-264-070 Disassembling, melting and rebuilding articles.

   (a)   (1)   No person requiring a license under this chapter shall sell, dispose of, or remove from the place of business any article of secondhand property for 30 calendar days after receipt of such article of secondhand property or take apart or melt any article of secondhand property or remodel or rebuild the same until such person shall have made a record of his intention to do so. Such record shall contain a description of such article of secondhand property and all other data required under this chapter to be recorded in the secondhand dealer's record of purchases, sales and exchanges.

      (2)   In the case of jewelry, watches, other precious metals or precious stones, cell phones or other wireless communication devices, the record required under subsection (a)(1) of this section shall also contain a receipt, signed by the seller under the penalty of law, which (i) describes such article of secondhand property, including its weight in the case of jewelry, watches or other precious metals or precious stones, and its Mobile Equipment Identifier (MEID), International Mobile Station Equipment Identity (IMEI) or Electronic Serial Number (ESN) in the case of cell phones or other wireless communication devices; and (ii) contains a statement indicating that the seller accepts the stated price received for said article of secondhand property; and (iii) contains a statement that the seller is of lawful age; that the driver's license number or other government-issued identification number and all other identifying information provided by the seller are true and correct; and that the seller is the lawful owner of the article of secondhand property with absolute authority to sell such article of property.

      (3)   It shall be unlawful for any seller to submit false or fraudulent information on any receipt required under paragraph (2) this subsection (a) to be signed by such seller.

      (4)   All articles of secondhand property received by any person requiring a license under this chapter shall be kept intact at such person's licensed place of business for inspection by authorized city officials for at least thirty calendar days after receipt of such article of secondhand property. Notwithstanding anything to the contrary in this section, a licensee may resell any used digital audio disc or any used digital video disc five days after acquiring it.

   (b)   It shall be unlawful for any licensee under this chapter to advise or require any person selling or desiring to sell any watch or jewelry to such licensee to disassemble such watch or jewelry or to remove any precious stone or gem from such watch or jewelry or to make such disassembly or removal a condition of purchase of such watch or jewelry by the licensee. As used in this subsection (b), the term "licensee" means any person that holds or is required to hold a license under this Chapter 4-264 or any agent or employee thereof.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 8-30-00, p. 39783, § 1; Amend Coun. J. 10-1-03, p. 8865, § 3; Amend Coun. J. 9-8-10, p. 99259, § 3; Amend Coun. J. 7-30-14, p. 85719, § 6)