737.01 Definitions; scope of provisions.
737.02 Secondhand dealer’s license required; fee.
737.03 Inspections and tests of weights and measures.
737.04 Records, tagging, and records inspections.
737.05 Director may require weekly reports.
737.06 Minimum holding period.
737.07 Hold order by Director.
737.08 Purchases from minors and intoxicated persons; hours of operation.
737.09 Advertisement.
737.10 Responsibility of the licensee.
737.11 License revocation; appeals.
737.99 Penalty.
CROSS REFERENCES
Receiving stolen property - see GEN. OFF. 545.18
(a) As used in this chapter:
(1) "Director" means the Director of Public Safety or his or her designee.
(2) "Secondhand" means that which has been used or which has been previously traded or sold by a retailer.
(3) "Selling" includes sale on consignment, delivery, barter, exchange, gift or offer thereof.
(4) “Secondhand dealer” means any person, firm, or corporation dealing in the purchase and sale of any of the following articles:
A. Secondhand furs;
B. Secondhand office machinery and equipment, including, without limitation, computer equipment, typewriters, adding machines, calculators, copy machines, printers, fax machines, telephones, check signing equipment, and address machines;
C. Secondhand tools of artisans, mechanics, or laborers;
D. Secondhand musical instruments;
E. Secondhand precious stones or manufactured articles composed wholly or in substantial part of gold, silver, platinum, or other precious metal;
F. Secondhand lawn, garden and construction equipment;
G. Secondhand computers, electronic, audio, visual or entertainment equipment or devices including, without limitation, laptops, docking stations, televisions, video monitors, digital video disc (DVD) players, record players, tape players, recording devices, other stereo equipment; five or more DVDs, compact discs (CDs) or records from any one source within a seven-day time period; cameras, camcorders, webcams, video game systems, consoles or accessories, video game discs and cartridges; cell phones and cell phone accessories, satellite phones, smartphones, digital music and audio players, tablets or similar devices, radio receivers or transmitters, pagers, chargers, global positioning units or systems, radar detectors, electronic organizers, Bluetooth and personal area network devices; DVD or CD burners; and other similar electronic devices;
H. Secondhand plumbing fixtures, builders' hardware or lighting fixtures;
I. Pawnbrokers' tickets or other evidence of pledged articles; or
J. Used or secondhand motor vehicle or vehicle parts or accessories not received by the buyer for credit upon the purchase of similar new merchandise.
(b) A person, firm, or corporation meeting one or more of the following shall not be considered a secondhand dealer under the terms of this chapter:
(1) A not-for-profit entity recognized as tax exempt by the Internal Revenue Service and registered with the Ohio Secretary of State as a not-for-profit entity; or
(2) A person conducting a garage or yard sale; or
(3) A retail business whose inventory consists primarily 95 percent or more of items which are at least 30 years old and which are considered antiques or collectibles; and
(4) A retail business which would be classified as a secondhand dealer only by virtue of selling secondhand computers, electronic, audio, visual or entertainment equipment or devices as specified in subsection (a)(4)G, above, when the proprietor is able to establish that all of the computers, electronic, audio, visual or entertainment equipment sold are at least 12 years old. (Ord. 34-14. Passed 11-3-2014.)
No person, partnership, corporation, or other entity shall operate as a secondhand dealer without first obtaining a license from the Director. The annual nonrefundable license fee for each secondhand dealer shall be established by Council. All licenses shall expire on December 31 of the year of issuance.
(Ord. 34-14. Passed 11-3-2014.)
Every license applicant must obtain an inspection and test from the appropriate county fiscal officer or auditor of any and all scales, balances or other instruments and devices for weighing and measuring secondhand articles, and any appliances and accessories associated with any or all such instruments and devices used at the location indicated on the application. The applicant shall provide proof of the inspection and test satisfactory to the Director.
(Ord. 34-14. Passed 11-3-2014.)
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