All swap shop/second-hand dealers shall:
(a) Keep accurate daily records of all transactions in second-hand articles on forms available from the Chief of Police, which forms must be entirely and legibly completed in hand printing or typewritten and signed by the second-hand dealer. Information provided on the forms must include all brand names, dates, serial numbers, model numbers, words or initials inscribed on the property, the amount of money given or received for the merchandise and the name, date of birth, address and motor vehicle operator's license number or state identification card number of the person from whom the articles were received by the swap shop/second-hand dealer. Second hand articles purchased off-site for sale on the premises shall be documented in the manner required by this section to the extent practicable. The licensee shall, at a minimum, record where the articles were purchased.
(b) Require valid identification (driver's license or state identification card) from all persons with or from whom the swap shop/second-hand dealer purchases, exchanges, trades, sales or receives second-hand articles. The dealer shall enter in its record of the transaction the number and type of driver's license or identification card used by the seller.
(c) Return the completed forms to the Police Chief before 4:01 p.m. of the next day which is not a Saturday, Sunday or holiday after the transaction. A true and accurate copy of each of these forms must be retained by the swap shop/second-hand dealer for a period of at least two years.
(d) Retain all second-hand articles which the swap shop/second-hand dealer obtains by purchase, exchange, trade or receiving for a period of not less than 72 hours, not including Saturdays, Sundays or holidays after the forms described in this section are returned to the Police Chief in accordance with subsection (c) hereof. Such second-hand articles shall be maintained in the same condition in which they were obtained by the second-hand dealer during such period. All second-hand articles and purchased items shall be kept only at the licensed location.
(1) If a police officer has probable cause to believe that an article is stolen property the officer shall notify the dealer in writing of that probable cause. Upon receipt of the notice, the dealer shall retain the article until the expiration of 30 days after the day of the written notification, unless the police officer notifies the dealer in writing that he is not required to retain the article.
(2) As used in this section, "retain" means that a dealer does not charge, alter, or deface any articles or voluntarily release possession of any goods purchased by him.
(3) If a police officer determines the identity of the true owner of stolen articles held by a second-hand dealer by a preponderance of the information available and informs the dealer of the true owner's identity, the dealer may restore the stolen goods to the true owner directly. The true owner must reimburse the dealer for the exact amount the dealer paid for the stolen article. Nothing in this section is intended to limit the right of the true owner to recover their property, or any legal remedy the true owner may have to do so, or any rights the true owner may exercise as the victim of a crime.
(4) The second-hand dealer shall post a notice in a conspicuous place in the dealer's place of business visible to all patrons and reading: "The dealer at this establishment has no right to retain stolen property and the turn owner may recover such property or its value from the dealer in a legal action."
(e) Keep and use an intelligible set of books and records in the English language in complying with this section with respect to recording the details of each purchase, exchange, trade, receiving or sale. All information required to be recorded by such section shall be entered in a bound book or on loose-leaf, permanent forms used exclusively for that purpose. Forms shall be identical and consecutively numbered, bearing the date upon which any transaction occurred. All books, forms, accounts, records, etc., shall be kept at the licensed location.
(f) Preserve his books, forms, accounts, and records for at least two years making the final entry regarding any transaction therein.
(1) All books, forms, accounts, and records, and all other sources of information relating to the purchase or sale of merchandise of the licensee, shall at all times be available for inspection by the Chief of Police or any police officer as is demonstrated is necessary for the purpose of assuring that the business of the licensee is being transacted in accordance with law.
(2) Other methods of recording data, keeping records and keeping books, such as electronic or computerized methods, may be used in lieu of the methods described in this section, provided written printouts or hard copies of the required data are readily available in a form approved, in advance, by the Chief of Police.
(3) The requirements of this section shall apply to any transaction undertaken by a swap shop/second-hand dealer, even if the transaction is to or from another swap shop/second-hand dealer.
(g) Maintain in the place of business for which the license is held a functional video surveillance system, which videotapes all transaction in the place of business. The videotapes shall be maintained for a minimum of ten working days, unless the dealer is provided notice by the Chief of Police that a videotape is required to be maintained for a longer period of time for identification or evidentiary purposes.
(Ord. O2009-100, passed - -2009)