737.01 Definition.
737.02 License required.
737.03 License application requirements; renewal.
737.04 License transfer; display.
737.05 Change in ownership, interest, or employees.
737.06 License revocation.
737.07 Appeal of license revocation.
737.08 Records of transactions.
737.09 Report of second hand dealer.
737.10 Possession for thirty days by secondhand dealer.
737.11 Use of fictitious name or address.
737.12 Purchases prohibited.
737.13 Exemptions.
737.99 Penalty.
CROSS REFERENCES
Power to regulate - see Ohio R.C. 715.61
Secondhand dealers - see Ohio R.C. Ch.4737
Record of transactions required - see Ohio R. C. 4737.01, 4737.04
Dealing with minors prohibited; hours regulated - see Ohio R. C. 4737.03
(a) “Swap Shop” means any person, firm or corporation and or dealer in second hand articles for purposes of this chapter if that person, firm or corporation engages in the purchase, sale, exchange or receipt of second hand articles of whatever nature. This definition specifically includes any person, firm or corporation that deals in the purchase, sale, exchange or receipt of used or second hand articles taken as trade-ins.
(b) “Person” means any individual, partnership, corporation, association or other organized or united group, or entity and includes the personal responsibility of every officer or director of a corporation.
(c) “Second hand” means that which has been used or which has been previously traded or sold by a retailer; something which is not new.
(d) “Sell or Selling” for purposes of this chapter includes delivery, barter, exchange, gift or offer thereof.
(e) “Employee” for the purpose of this chapter includes any person who assists in the furtherance of the business enterprise for which the license is issued at the location for which the license is issued whether for pay or otherwise. The term “employee” shall also include any person who at a given time reasonably appears to be conducting the business of the licensee. (Ord. 2012-100. Passed 9-19-12.)
(a) No person shall purchase, exchange, trade, or receive second hand articles or engage in the business of purchasing, exchanging, trading, or receiving second hand articles without first obtaining a swap shop/second hand dealer’s license from the City Manager or his/her designee. The license shall contain the name under which the business is to be conducted and the location where the business is to be conducted.
(b) No person shall engage in the business of purchasing or exchanging second hand precious stones or any second hand manufactured article composed wholly or in part of gold, silver, platinum or other precious metal or gold or silver coins or otherwise using the same, or in the business of purchasing or exchanging old gold, silver or platinum for the purpose of melting or refining unless first duly licensed as provided in this chapter.
(c) It shall also constitute a violation of this section to purchase, exchange, trade, or receive second hand articles or engage in the business of purchasing, exchanging, trading, or receiving second- hand articles possessing only an expired license, or during any period in which the license is suspended or revoked.
(Ord. 2012-100. Passed 9-19-12.)
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