733.01 DEFINITIONS.

   (a)   “Secondhand articles” includes that which has been used or which has been previously traded or sold by a retailer; something which is not new.

   (b)   “Secondhand dealer” means any business, firm, or corporation, or employee thereof, who offers for sale, exchanges, barters, or keeps with the intention of selling, exchanging, or bartering, secondhand articles of whatever nature, including, but not limited to, televisions, furniture, appliances, sporting equipment, gold, silver, platinum, diamonds and other precious metals, coins, currency, firearms, knives and stamps.

   “Secondhand dealer” shall not include:

      (1)   Any person whose stock of used or secondhand articles consists of donated articles only, used books or magazines, used trading cards, used wearing apparel, used motor vehicles or watercraft or parts thereof, or repossessed articles originally sold, leased or rented by the same person;

      (2)   Any bona fide nonprofit religious or charitable organizations maintaining permanent facilities and administering full-time rehabilitation programs for the indigent or handicapped, and who sell donated secondhand articles only;

      (3)   Any federally licensed firearms dealer as defined by Ohio R.C. 5502.63 where the business of the federally licensed firearms dealer is being transacted in accordance with all applicable state and federal laws but only for transactions governed by such license.

      (4)   Any junk yard as defined by Ohio R.C. 4737.05(B) where the business of the junk yard is being transacted in accordance with all applicable state and federal laws but only for transactions governed by such laws.

      (5)   Licensed auctioneers as defined by Ohio R.C. 4707.01 and 4707.07 where the business of the licensed auctioneer is being transacted in accordance with all applicable state and federal laws but only for transactions governed by such license.

      (6)   Pawnbrokers as defined in Ohio R.C. Chapter 4727 where the business of the pawnbroker is being transacted in accordance wit all applicable state and federal laws but only for transactions governed by Ohio R.C. Chapter 4727.

   (c)   "Person" means any individual, partnership, limited liability company, corporation, association or other organized or united group and includes the personal responsibility of every officer, member, agent, or director of a corporation.

   (d)   “Sell” or “selling” for purposes of this chapter includes delivery, barter, exchange, gift or offer thereof, including on consignment.

(Ord. 18-12. Passed 3-12-12.)