(A) Every pawnshop, pawnbroker or secondhand dealer, upon the acquisition or sale of any article enumerated in § 110.01 of this title, shall prepare transaction records electronically as directed by the Chief of Police or his designee, and submit said form electronically, detailing the proven identity of the seller including his name, date of birth, address, type of identification and identification number if there is one. A digital photo of said person shall accompany the electronic filing of the transaction. Only government issued forms of identification will be accepted. No transaction shall occur if the identity of the seller cannot be proven. The record of the transaction shall also contain the month, day, and year when the transaction occurred as well as a full, accurate, and detailed description of each article purchased including brand name and serial number, if any, with the price paid therefor, and cause the record to be signed by the seller in person along with a digital color photo of the property pursuant to the following requirements:
(1) Individually identifiable articles. Articles that are individually identifiable by a serial number or other applied numbers, letters, characters or markings or other unique features that serve to distinguish it from any other similar article and can be used to establish ownership.
(a) Each individually identifiable article brought in to a pawnbroker or secondhand dealer for sale, barter, trade, pledge or pawn during a single transaction shall be itemized separately. Articles shall not be grouped together (i.e., five gold monogrammed rings), but must provide a complete and thorough description of each item to include the following:
1. Type of article;
2. Brand name/make/manufacturer (if applicable);
3. Model number (if applicable);
4. Serial number (if applicable);
5. Color/finish;
6. Any other identifying marks, writing, engraving, etc.
(b) A digital photograph(s) shall be taken of each individually identifiable article, sufficiently detailed to allow reasonable identification of the article. The digital photograph(s) shall capture any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics.
(2) Non-individually identifiable articles. Articles that cannot be distinguished from any other similar articles may be described in groups of similar types of articles, but only within the same transaction.
(a) Non-individually identifiable articles brought in to a pawnbroker or secondhand dealer for sale, barter, trade, pledge or pawn during a single transaction may be grouped and shall include reasonable descriptions of the number and types of items within each group to enable the Police Department to determine if they may have been stolen during a particular crime. (For example, the licensee receives a video game controller, five video game discs, and numerous items of jewelry. The licensee would have to individually itemize and photograph the video game controller as outlined in division (A)(1) above, as it would be a serially-numbered item. The remaining items shall not be listed as “miscellaneous video games and jewelry.” Instead, the licensee shall describe them as follows: “five video game discs to include the following titles...” and “miscellaneous jewelry to include two yellow gold necklaces, one silver necklace, two pairs of silver earrings, one women’s yellow gold ring, one women’s white gold diamond ring and two silver bracelets.”)
(b) A digital photograph(s) shall be taken of each group of similar types of articles within the same transaction. The articles may be photographed together as a group but each individual article shall be visible in the photograph. (For example, given the circumstances outlined in division (A)(2)(a) above, the five video game discs would be photographed together as a group, side-by-side, and the jewelry items would be photographed together as a group with each item laid out so as to be individually viewable.)
(B) When filed electronically, a copy of the record shall be forwarded to the Police Department or authorized data storage site as soon as possible, but no later than 24 hours after completion of the transaction. The dealer shall retain a copy of the record at his local place of business for one year from the date of transaction which, along with any article therein listed, may be inspected by any duly authorized police officer. No article so purchased shall be sold, changed, altered in its appearance or otherwise within 30 days after the purchase thereof, except with the written consent of the Chief of Police or his designee. All items purchased or pawned shall remain on the premises during the waiting period. Every pawnshop, or secondhand dealer, auctioneer, or auction house, upon file sale of a secondhand article enumerated in § 110.01 of this title, shall prepare and maintain at his local place of business, a record of the sale detailing the proven identity of the buyer including his name, date of birth, address, and type of identification. The record shall also contain a description of the article sold including brand name and serial number, if any, and the price paid therefor. The record shall be available at the local place of business for inspection by any duly authorized police officer for one year from the date of transaction.
(C) Every junk dealer, upon the acquisition of any item enumerated in § 110.01 of this title, shall prepare transaction records electronically as directed by the Chief of Police or his designee. When filed electronically, a copy of the record shall be forwarded to the Police Department or authorized data storage site as soon as possible, but no later than 24 hours after completion of the transaction. The electronic record shall detail the proven identity of the seller including his name, date of birth, address, type of identification, and identification number if there is one. Only government issued forms of identification will be accepted. If the identity of the seller cannot be proven, no transaction may occur. Furthermore, a digital photo of said person shall accompany the electronic filing of the transaction. The owner, corporation, or company shall maintain at his local place of business, a record of such transaction detailing the proven identity of the seller. The record shall also include a full, accurate, and detailed description of the item, including brand name and serial number, if any, along with a color digital photo of item(s) pursuant to the following photographing requirements:
(1) Articles that cannot be distinguished from any other similar articles may be described in groups of similar types of articles, but only within the same transaction by the same customer. Licensees/owners/employees shall provide reasonable descriptions of the number, weight and/or types of items within each group to enable the Police Department to determine if they may have been stolen during a particular crime.
(2) A digital photograph(s) shall be taken of each group of articles, provided however, that similar types of articles contained within some type of container does not have to be photographed individually. A color digital photograph of the container and a reasonable representation of its contents will be sufficient.
(D) All electronic records submitted by junk dealers and/or scrap yards shall also include a complete and accurate description of any vehicle used by the seller, to include the year, make, model, color, registration number and state, to be included with the electronic filing of the transaction. The record shall also include the day, month, and year when the transaction occurred. The record shall be available at the local place of business for inspection by any authorized police officer for one year from the date of transaction.
(E) Every junk dealer and/or scrap yard that purchases items in which a transaction record must be prepared pursuant to § 114.03 shall pay to the city an annual fee of $3,500 due in full on April 30th of each calendar year. Licensees whose initial application for a business license is received by the City Clerk, after May 1 of the year, or who renews a license in effect during the calendar year following enactment of this chapter shall be subject to all annual license fees on a promotion schedule in the manner set forth in § 110.21.
(F) Exclusions.
(1) Any person, firm, partnership or corporation whose business is the retail buying, selling, buy-back, exchanging, consignment, dealing in or dealing with antiques, furs, fur coats, books, magazines, vinyl records, cassette tapes, VHS tapes, BetaMax tapes, compact discs (CDs), DVDs, LaserDiscs, VideoDiscs, BIu-Ray Discs, comics, used furniture, used clothing, or used motor vehicles/motorcycles by legally recognized vehicle dealerships, shall be exempt from the requirements of § 114.03.
(2) Any person, organization, partnership, or corporation whose business is the retail selling of wireless service plans and related equipment shall be exempt from the requirements of § 114.03 if the business participates in recognized device recovery programs.
(3) Any person, organization, partnership, or corporation engaged in the sale or exchange of tickets for entertainment, sporting, political or other special events shall be exempt from the requirements of § 114.03.
(4) Mail-order transactions or retail stores that exchange or provide cash or credit for returned articles shall be exempt from the requirements of § 114.03.
(5) Religious activities by an organization that would otherwise qualify for a tax exemption under the provisions of R.S.A. 72:23, III shall be exempt from the requirements of § 114.03.
(6) School events that have been authorized under rules and regulations as otherwise set forth in R.S.A. Title XV shall be exempt from the requirements of § 114.03
(7) Any federal licensed firearms dealer shall be exempt from the requirements of § 114.03.
(8) Coins or stamps sold/purchased in bulk may be resold to individuals or wholesalers without record, provided that the sale/purchase occurs after the 30-day hold period and the photographing and recording requirements of § 114.03 have been met.
(9) Junk dealers and/or scrap yards shall be exempt from any hold period requirement in § 114.03.
(Ord. passed 3-7-95; Am. Ord. passed 6-5-12; Am. Ord. passed 10-6-15; Am. Ord. passed 2-4-20) Penalty, see § 10.99