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No person shall engage in the business of junk dealer, precious metal dealer, scrap metal dealer, pawn shop or secondhand dealer or secondhand store, as defined in § 117.01 of this chapter, without first having secured all licenses required for the operation of such a business from the city’s Finance Department, including a business regulatory license and a secondhand/pawn retailer license. The annual license fee for the secondhand/pawn retailer license shall be $150. No applicant shall be eligible for a license if he, she or it is delinquent or in default of an obligation to pay a tax, license fee, loan, fine, lien or other financial obligation to the city. The Finance Department shall forward a copy of all secondhand/pawn retailer licenses issued to the city’s Police Department.
(1984 Code, § 111.151) (Ord. O-1-07, passed 1-23-2007; Ord. O-5-10, passed 2-16-2010) Penalty, see § 117.99
(A) Any person or entity licensed under this subchapter shall make a daily report to the Police Department as specified by city’s Police Department regulations, of every purchase involving pawned items or the purchase of scrap metal, precious metal or secondhand items from individuals or a representative(s) of individuals. The report shall contain the applicable information set forth in § 117.04 of this chapter. The daily report shall be transmitted electronically to the city’s Police Department in a manner prescribed by that department. The city’s Police Department shall be empowered to formulate administrative regulations regarding the electronic transfer of the daily report and related information, and the photographs that must be provided to or retained for the Police Department.
(B) All licensees shall furnish the above information to the Chief of Police or his or her designee each day by 11:00 a.m. for all transactions which took place during the previous 24 hours preceding each report.
(1984 Code, § 111.152) (Ord. O-1-07, passed 1-23-2007; Ord. O-5-10, passed 2-16-2010)
(A) All junk dealers, precious metal dealers, scrap metal dealers, pawn shops or secondhand dealers or secondhand stores shall keep a record of their transactions involving pawned items or the purchase of scrap metal, precious metal or secondhand items from third parties. These records shall be open at all reasonable times for inspection by the Police Department, City Finance Department, City Code Enforcement Department or any law enforcement officer of the state when in discharge of his or her official duty. These records shall be kept in the manner and format specified in the applicable city Police Department administrative regulations.
(B) The records mandated above shall contain the following information:
(1) Name, address and phone number of seller, as well as that person’s age, sex, race and driver’s license number or the number of the seller’s state identification card or official United States military identification;
(2) Date and time of purchase of the item by the licensee;
(3) A detailed description of the article or articles purchased by the dealer or store, including any manufacturer’s name, identification numbers, serial number, model number and any identifying marks and/or scratches; and
(4) The signature of the scrap metal dealer, precious metal dealer, secondhand dealer, pawn shop operator or secondhand-store operator and the seller as executed at the time of the purchase, provided the dealer/licensee shall compare the seller’s signature to the signature upon the seller’s license or other required identification at the time of purchase.
(C) In addition to the records mandated above, the dealer/licensee shall also collect the information below related to each transaction and retain these records at the establishment where the transaction took place. The information set forth below shall be available upon request to the city’s Police Department, the city’s Code Enforcement Department and all other law enforcement officers when in discharge or his or her official duties at any time during the dealer/licensee’s regular business hours:
(1) A photocopy, or clear copy produced by a computer scanner, of the seller’s driver’s license, state identification card or official United States military identification with photograph (collectively “photo identification”);
(2) A digital photograph of the seller’s face, or a still color print of the seller’s face generated by a surveillance system in excess of the minimal specification permitted in the Police Department’s administrative regulations related to this subchapter (a licensee that has scanned a clear copy of the seller’s photo identification via computer that matches the current appearance of the seller shall be exempt from this provision);
(3) A digital photograph of the article or articles purchased by the dealer or store (digital photographs are not necessary for compacted discs, VHS tapes or DVDs, or any item with a complete, readable serial number); and
(4) At the option of the licensee, the seller and the article or articles to be purchased may be depicted in the same digital photograph.
(D) (1) The scrap metal dealer, precious metal dealers, secondhand dealer, pawn shop operator or secondhand store operator shall maintain all records of purchase of items covered under this subchapter, except photographs or surveillance system records, for a minimum period of one year from the date of the transaction.
(2) Photographs or surveillance system records shall be retained by the licensee for a minimum period of six months from the date of the transaction.
(1984 Code, § 111.153) (Ord. O-1-07, passed 1-23-2007; Ord. O-5-10, passed 2-16-2010)
Any secondhand dealer, precious metal dealer, secondhand store, pawn shop, junk dealer, scrap metal dealer or any person who purchases, sells, exchanges or receives secondhand furniture, precious metals, secondhand articles of any kind, or scrap, other than automobiles, shall keep up in a conspicuous place in or on the shop, store or place of business, a sign having his or her name and occupation inscribed thereon and post their secondhand/pawn retailer license in a location able to be viewed by the public.
(1984 Code, § 111.154) (Ord. O-1-07, passed 1-23-2007; Ord. O-5-10, passed 2-16-2010) Penalty, see § 117.99
(A) (1) Articles purchased or exchanged by any person or entity licensed under this subchapter, excepting precious and scrap metal, and shall be retained by the purchaser for at least ten days before disposal or sale of the articles and kept in an accessible place at the business where the articles were purchased or received.
(2) A tag shall be attached to the articles in some visible and convenient place with the number written thereon, corresponding to the entry number on the report required by this subchapter.
(B) Scrap metal (such as aluminum cars, brass, copper and steel) or precious metal purchased by a licensee shall be retained by the licensee for at least 72 hours before disposal.
(C) Any pawned item shall be retained by the licensee according to the timeframes set forth in KRS 226.050 or other applicable state statute.
(D) Licensees shall retain each and every article received by them in the same state or condition in which it was received, and all articles during any one day’s transaction shall be kept separately and shall not be commingled with articles received during any other day’s transactions. Furthermore, all articles shall be made available for examination by officers of the City Code Enforcement Department, City Police Department or any law enforcement officer, when in discharge of his or her official duties, at all reasonable times during the applicable hold period set forth above.
(1984 Code, § 111.155) (Ord. O-1-07, passed 1-23-2007; Ord. O-5-10, passed 2-16-2010)
No junk dealer, precious metal dealer, secondhand dealer, pawn shop or secondhand store or scrap metal dealer shall directly or indirectly purchase or receive by way of barter or exchange or otherwise any articles or items of any person under the age of 18 years old, knowing or having reason to believe him or her to be a minor.
(1984 Code, § 111.156) (Ord. O-1-07, passed 1-23-2007; Ord. O-5-10, passed 2-16-2010) Penalty, see § 117.99
(A) Nothing contained herein shall require compliance with this subchapter by a business or entity that only deals in consignment of merchandise and does not purchase items from the public or accept items for pawn, or by a licensee who is accepting a return for cash, credit or replacement of any item originally purchased from the licensee.
(B) Any transaction involving a vehicle, wedding gown or work of art (such as paintings, sculptures, ceramic art, drawings or photography) is exempt from the provisions of this subchapter.
(1984 Code, § 111.157) (Ord. O-5-10, passed 2-16-2010)
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