777.01 DEFINITIONS; SCOPE OF PROVISIONS.

   As used in this Chapter:

   (a)   Acceptable Identification means either of the following:

      (1)   A current state driver's license or identification card that includes the date of birth, photograph and physical description of the person offering the identification.

      (2)   Two other pieces of current identification, at least one of which is issued by a government or state agency or subdivision and includes the date of birth, photograph and physical description of the person offering the identification.

   (b)   Application Date- The date the City receives the required application from an applicant for a secondhand business license.

   (c)   Secondhand- Any item or thing which has been used or which has been previously traded or sold by another retailer.

   (d)   Secondhand Business- A shop, store, enterprise, profession, activity, establishment or undertaking of any nature conducted directly or indirectly for profit or benefit and as a substantial means of livelihood by the purchase or sale of regulated property.

      The term "Secondhand Business" is not meant to include any of the following:

      (1)   The activity of any federal, state or local government or governmental subdivision or agency, or of any organization exempt from taxation by the Internal Revenue Service as a non-profit entity.

      (2)   Any person conducting a garage or yard sale.

      (3)   Any business whose inventory consists primarily of items which are at least thirty years old and which are considered "antiques" or "collectibles."

      (4)   Any business whose inventory consists primarily of items that are not regulated property.

   (e)   Regulated Property- The following used or secondhand property:

      (1)   Precious metals, including but not limited to, any metal valued for its character, rarity, beauty or quality, including gold, silver, platinum or other metals, whether as a separate item or in combination with other items.

      (2)   Precious gems, including but not limited to, any gem valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or other precious or semi-precious gems or stones, whether as a separate item or in combination with other items or as a piece of jewelry.

      (3)   Watches and jewelry containing precious metals or precious gems, including but not limited to, rings, necklaces, pendants, earrings, brooches, chains, pocket watches, wrist watches, or stop watches.

      (4)   Flatware, including but not limited to, knives, forks, spoons, candlesticks, coffee and tea sets, or ornamental objects which are primarily made with precious metals.

      (5)   Audio equipment, including but not limited to, tape decks or players, compact/digital disc players, sound metering devices, tuners, amplifiers, speakers, transceivers, equalizers, receivers, phonographs, turntables, stereos, radios, clock radios, car stereos, car speakers, or citizen band radio/transceivers.

      (6)   Video equipment, including but not limited to, televisions, videotape or videodisc recorders, videotape or videodisc players, video cameras, or video monitors.

      (7)   Photographic and optical equipment, including but not limited to, cameras, camera lenses, camera filters, camera motor drives, camcorders, light meters, flash equipment, movie projectors, slide projectors, photography processing equipment, photography enlarging equipment, rifle scopes, spotting scopes, or electronic sighting equipment.

      (8)   Computers, including but not limited to, telefacsimile machines, word processors, printers, copiers, duplicators, calculators, cash registers, transcribers, dictaphones, computers, home computers, laptop computers, modems, monitors, IPads, tablets, webcams, routers, hard drives or any computer equipment, accessories, or components.

      (9)   Portable electronic devices, including but not limited to, cell phones, smart phones, portable home phones, MP3 players, GPS units or systems, radar detectors, Bluetooth devices, satellite phones, IPods, IPads, tablets or similar devices, any cell phone or portable electronic accessories, or components.

      (10)   Power equipment and tools, including but not limited to, air hammers, air tools, nail guns, power staplers, power saws, power sanders, chain saws, power drills, lathes, joiners, shop vacuums, paint sprayers and accessory equipment, generators, air compressors or pressure washers.

      (11)   Automotive hand tools, including but not limited to, wrench sets, socket sets, screw driver sets, pliers, vise grips, tool boxes, auto body hammers, jacks or timing lights.

      (12)   Power yard and garden tools, including but not limited to, garden tractors, lawn mowers, rototillers, lawn sweepers, weed or brush cutters, trimmers, or blowers.

      (13)   Video game equipment and DVD or CD items, including but not limited to, any video game systems, game controllers, video games, DVD movies or sets, music CD's or sets, or any video game, DVD, or CD accessories or components.

      (14)   Musical instruments, including but not limited to, pianos, organs, guitars, violins, cellos, trumpets, trombones, saxophones, flutes, drums, percussion instruments, or electronic synthesizers.

      (15)   Sporting goods equipment, including but not limited to, bicycles, golf clubs, golf bags, golf accessories or components, tennis rackets, tennis accessories or components, baseball bats, baseball gloves, baseball accessories or components, football accessories or components, soccer accessories or components, lacrosse accessories or components, snow skis, snow poles, snow skiing accessories or components, treadmills, exercise equipment, accessories or components.

      (16)   Gift cards, including but not limited to, any preloaded debit or gift card that allows the cardholder to use it for the purchase of goods or services for another business or retailer. This section does not include gift cards which are used at the business for which they were purchased.

      (17)   Household appliances, including but not limited to, stoves, ovens, freezers, refrigerators, dish washers, trash compactors, clothes washers or dryers.

   (f)   The term "Regulated Property" is not meant to include any of the following:

      (1)   Vehicles required to be registered with the Ohio Bureau of Motor Vehicles.

      (2)   Dishware or glassware.

      (3)   Household furniture

      (4)   Sports cards, fantasy trading cards or comic books

      (5)   Money or stamps authorized or adopted by a domestic of foreign government.

      (6)   Books, magazines, newspapers or similar items.

      (7)    Clothing.

   (g)   Secondhand Business License- The license issued to a secondhand business pursuant to this ordinance.

   (h)   Transaction- The purchase of regulated property. There are as many transactions in a single purchase as the number of items acquired by the buyer from the purchase.

   (i)   Purchase- The acquisition of or the act of acquiring title to property by a buyer in exchange for valuable consideration given to the seller.

   (j)   Tag Number- A unique number, letter, symbol or other identification mark.

   (k)   Chief of Police- In this Chapter, the Chief of Police means the City of Cuyahoga Falls Chief of Police or his designee.

      (Ord. 27-2018. Passed 4-9-18.)