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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.)
(a) Every dealer in secondhand articles shall maintain a book, catalog or electronic record in which shall be legibly written or typewritten, in the English language, at the time of every purchase or sale, a description of every article so purchased or sold that includes the number or numbers and any monograms, inscriptions or other marks of identification that may appear on the article; a description of the articles or pieces comprising gold, silver, platinum, or other metals, and any monogram, inscription, or marks of identification thereon or a photograph thereof; the name, residence, and general description of the person from whom such purchase was made or to whom sold or a photocopy of photo identification such as a driver's license or state-issued identification; and the day and hour of the purchase or sale. The holder of a federal license to smelt precious metals shall not be held by reason thereof to be exempt from the provisions of this chapter.
(b) Every licensee under the provisions of this chapter, at the time of acquiring through purchase or exchange of any secondhand article, shall attach a tag with a designating number thereon, legibly printed in ink or typewritten, in Arabic numerals or in the English language, to each article, and shall make an entry of such number in the book, catalog or electronic record.
(c) Such book, catalog or electronic record shall at all reasonable times be open to the inspection of any law enforcement officer during regular business hours. Such book, catalog or electronic record shall be maintained in a manner as directed or authorized by the Director.
(d) In addition to such book, catalog or electronic record, seller at the time of such purchase shall fill out, on a blank form approved by the Director, information including the seller's driver's license number and state of issuance, or the identifying number on a state identification card or other picture identification; and on the back of the form, the seller, in his or her own handwriting, shall write his or her name, age and address.
(e) No entries in such book, catalog, electronic record or form shall be erased, obliterated, altered or defaced. (Ord. 34-14. Passed 11-3-2014.)
The Director may require that every licensed secondhand dealer shall make out a weekly report on a printed or electronic form to be furnished by the City's division of police, containing the details of all purchases of secondhand articles made during the preceding business week. The licensee shall deliver such report to the Director, together with any other information kept pursuant to this chapter and required by the Director. The Director may designate that the reports be mailed or delivered electronically.
(Ord. 34-14. Passed 11-3-2014.)
(a) No person licensed as or operating under the license of a secondhand dealer shall sell or offer to sell or remove, disassemble, clean, repair, paint, take apart or change the appearance or form of any secondhand good, article, or thing which has been purchased by the licensee for a period of at least 14 days from the day of acquisition.
(b) Any of the goods, articles, or things regulated under this chapter, in the possession of any licensee, shall be made available at any time for the inspection by the Director or any member of the City's division of police.
(Ord. 34-14. Passed 11-3-2014.)
The Director may place a hold order for a period of 30 days upon any property acquired by the secondhand dealer in the course of his business and upon release of such property the Director may require the secondhand dealer to keep a true record of such property and include therewith the true name and address of the person to whom such property was sold, or a record of any other method of disposition. The secondhand dealer shall keep for two years any record required under this section.
(Ord. 34-14. Passed 11-3-2014.)
No person shall receive, by sale, barter, exchange or otherwise, any article mentioned in this chapter from a person under the age of 18 years or a person who to an ordinary observer appears to be intoxicated. There shall not be any purchase from any person or persons between the hours of 10:00 p.m. and 8:00 a.m. on any day of the week.
(Ord. 34-14. Passed 11-3-2014.)
Every act or omission on an agent or employee which constitutes a violation of any provision of this chapter shall be deemed the act or omission of the licensee if such act or omission occurs with the authorization, knowledge or approval of the licensee, or as a result of the licensee's negligent failure to supervise the agent's or employee's conduct. The licensee shall also be punished for such act or omission in the same manner as if the licensee committed the act or caused the omission.
(Ord. 34-14. Passed 11-3-2014.)
(a) The Director may at any time revoke or suspend any license granted under the authority of this chapter for failure to comply with the terms of this chapter or any law or ordinance applicable to the business so licensed.
(b) The Director shall revoke any license granted under the authority of this chapter if the licensee has been convicted of receiving stolen property.
(c) In case of the refusal to issue or renew a license by the Director or the revocation or suspension of a license by the Director, the applicant or licensee may appeal to a review board consisting of the president of Council, the chairperson of the Public Safety Committee of Council or its longest-serving member if the chairperson is the president of Council, and the Director of Law. Notice of appeal shall be in writing, with the reasons for the appeal specified therein, and shall be filed with the Director within 10 days from the date of the Director's action. Within 10 days after the filing of such notice, the board shall proceed to hear such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The board shall render a decision within 10 days of the conclusion of the hearing. The board may sustain, reverse, or modify the action of the Director.
(d) In the absence of conditions posing an imminent threat to health, safety or property, as determined by the Director of Law, or unless a license has been revoked by the Director because the licensee has been convicted of receiving stolen property as provided in subsection (b) of this section, a licensee who is lawfully operating but whose license is subject to revocation or suspension, or whose license the Director has refused to renew, may continue operating during the pendency of an appeal under this section.
(Ord. 34-14. Passed 11-3-2014.)