(A) Investigative hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within 72 hours and will remain in effect for 15 days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to § 114.09(B), whichever comes first.
(B) Order to hold. Whenever the Chief of Police, or the Chief’s designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the Chief or the Chief’s designee. The order to hold shall expire 90 days from the date it is placed unless the Chief of Police or the chiefs designee determines the hold is still necessary and notifies the licensee in writing.
(C) Order to confiscate. If an item is identified as stolen or evidence in a criminal case, the Chief or Chief’s designee may:
(1) Physically confiscate and remove it from the shop, pursuant to a written order from the Chief or the Chief’s designee; or
(2) (a) Place the item on hold or extend the hold as provided in this section, and leave it in the shop.
(b) When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation.
(c) When an order to hold/confiscate is no longer necessary, the Chief of Police, or Chief’s designee shall so notify the licensee.
(Prior Code, § 33.5) (Ord. 542, passed 3-13-2006) Penalty, see § 114.99