As used in this chapter:
(a) “Secondhand” means that which has been used or which has been previously traded or sold by a retailer.
(b) “Selling” includes sale on consignment, delivery, barter, exchange, gift or offer thereof. (Ord. 119-2009. Passed 5-17-10.)
(c) (1) “Secondhand dealer” means any person, firm or corporation dealing in the purchase and sale of any of the following articles:
A. Secondhand furs;
B. Secondhand office machinery and equipment, including, without limitation, computer equipment, typewriters, adding machines, copy machines, printers, fax machines and address machines;
C. Secondhand tools of artisans, mechanics or laborers;
D. Secondhand musical instruments;
E. Secondhand precious stones or manufactured articles composed wholly or in substantial part of gold, silver, platinum or other precious metal; or
F. Secondhand computers, electronic, audio, visual and/or entertainment equipment or devices including, without limitation, laptops, docking stations, televisions, video monitors, dvd players, record players, tape players, recording devices, other stereo equipment, fifty or more dvd’s, compact discs, or records from any one source within a seven day time period, cameras, camcorders, webcams, video game consoles or accessories, video game discs; cell phones, satellite phones, i-phones, i-pods, MP3 players, radio receivers or transmitters, pagers, chargers, GPS systems, radar detectors, electronic organizers, bluetooth devices, and dvd or cd burners.
(2) A person, firm or corporation meeting one or more of the following criteria shall not be considered a “secondhand dealer” under the terms of this chapter:
A. A not-for-profit entity recognized as tax exempt by the Internal Revenue Service and/or registered with the Ohio Secretary of State as a not-for-profit corporation; or
B. A person conducting a garage or yard sale meeting the criteria established in Section 1165.021; or
C. A retail business whose inventory consists primarily (ninety-five percent (95%) or more) of items which are at least thirty years old and which are considered “antiques” or “collectibles”; and
D. A retail business which would be classified as a “secondhand dealer” only by virtue of selling secondhand computers, electronic, audio, visual and/or entertainment equipment or devices as specified in subsection (c)(1)F. hereinabove when the proprietor is able to establish that all of the computers, electronic, audio, visual and/or entertainment equipment sold are at least twelve years old.
(Ord. 50-2010. Passed 5-17-10.)
(d) “Mayor” means Mayor or designee.
(Ord. 153-2021. Passed 12-6-21.)
A not-for-profit entity recognized as tax exempt by the Internal Revenue Service, and/or registered with the Ohio Secretary of State, as a not-for-profit corporation shall not be considered a “secondhand dealer” under this chapter. A person conducting a garage or yard sale meeting the criteria established in Section 1165.021 of the Codified Ordinances shall not be considered as a “secondhand dealer”. (Ord. 119-2009. Passed 12-21-09.)