A. License Required: No person shall engage in or carry on the business of a pawnbroker or a secondhand goods dealer, without first paying the fee and obtaining the license provided for in this Chapter, nor shall any person carry on such business in any manner contrary to its provisions. Every clerk, agent or employee of any such business shall be subject to and bound by all of the provisions of this Chapter.
B. Exemption: This Section 3-1-14-5 shall not apply to:
1. Any person selling new, unused articles and receiving or taking in used articles or trade from the purchasers of the new articles against the purchase price of said new articles, where such new articles are sold for their market value.
2. Any person collecting antique items for personal use only.
3. Casual and occasional sales of unused household goods by the owner thereof to the public, on a nonreceiving basis, if the seller, at time of sale, is not engaged for profit in the business of selling goods of that or a similar nature; this category includes those sales commonly referred to as "garage sales".
4. Articles received by a secondhand goods dealer for which no consideration is given or promised.
C. Records:
1. Records Kept: Every pawnbroker and secondhand goods dealer shall keep records on forms furnished by the Police Department, on which the pawnbroker or secondhand goods dealer shall accurately, intelligibly and legibly, enter in ink, at the time of purchasing or receiving any personal property:
a. The value of the article.
b. The amount paid for the article.
c. The description of the article.
d. The article's serial number and model number, if any.
e. The name of the person from whom the article is purchased or received, his or her residence address, social security number, height, age, and race.
f. The date of disposition of the article or any part or portion thereof, and to whom it was disposed or redeemed, including said person's address.
2. Records Open To Inspection: The records required by this subsection shall at all times be open to examination by any police officer, sheriff or deputy sheriff.
3. Misdemeanor: Any person shall be guilty of a misdemeanor who shall:
a. Fail to keep such record.
b. Fail to make required entries.
c. Intentionally or knowingly make any false or unintelligible entry, or any entry which he has reason to believe is untrue.
d. Fail to make the inquiries necessary to enable him to make such entries or any of them.
e. Fail to produce his license or book when requested by an officer having authority to examine it.
f. Destroy or negligently permit such book to be destroyed or lost.
4. Daily Reports To Chief Of Police: Every pawnbroker and secondhand goods dealer who shall purchase or receive from any person any article of jewelry or precious stones, silverplated articles or any guns, pistols, tools, instruments or implements or parts thereof or any used bicycle, motorcycle or automobile or parts thereof, except from the manufacturer thereof, shall within twenty four (24) hours after purchasing or receiving such articles report the same in writing to the Chief of Police, stating fully and correctly:
a. The name and residence of the person from whom received or purchased.
b. A full and accurate inventory and description of each article.
c. The value or amount paid for each article.
d. The weight or other quantity of each article. (Ord. 83-4, 12-5-1983)
5. Destroying, Disposing Or Dismantling Articles: No pawnbroker or secondhand dealer purchasing or receiving any article described in this subsection shall melt, destroy or dispose of the same without making the report required in the preceding subsection C4, or within fifteen (15) days after the report is made, except upon written permission from the Chief of Police. No article of jewelry shall be changed in its form or altered or mutilated in any way within the time fixed for sale or redemption. (Ord. 83-4, 12-5-1983; 1996 Code)
6. Purchase From Minors: No pawnbroker or secondhand goods dealer shall purchase or receive any item from a minor unless the pawnbroker or secondhand goods dealer first receives the written consent of a parent or guardian of the minor. Such consent shall be attached to the records required by this subsection. (Ord. 83-4, 12-5-1983)
7. Concealing Articles To Prevent Identification: No pawnbroker or secondhand goods dealer shall conceal or destroy for the purpose of concealing any article purchased or received by him for the purpose of identification thereof by any officer or any person claiming the same. (Ord. 83-4, 12-5-1983; 1996 Code)
8. Sales During Redemption: No pawnbroker or secondhand goods dealer shall sell or otherwise dispose of any article during the time any person has the right to buy back or redeem the same.
9. Search For Stolen Property: Whenever any police officer shall have reason to believe that any pawnbroker or secondhand goods dealer has in his/her possession or on his/her premises any stolen property, the police officer shall have the right to duty to enter and search the premises of such person for the purpose of discovering stolen property.
10. Examination Of Premises By Officer: No pawnbroker or any other person shall refuse, resist or attempt to prevent any police officer, sheriff or deputy sheriff, with or without warrant, from examining the premises occupied by the pawnbroker or secondhand goods dealer for the purpose of discovering stolen property. (Ord. 83-4, 12-5-1983)