(a) No person, unless duly licensed as provided in this chapter or pursuant to state statutes, shall engage in the business of purchasing, selling, exchanging or receiving:
(1) Used building and construction materials, supplies, equipment and tools including but not limited to hardware and fixtures;
(2) Used office equipment including but not limited to computers, printers, facsimile, typewriters, electronic tablets, personal data appliances; or other office machinery;
(3) Used sporting goods and/or related physical fitness equipment;
(4) Used electronic products including but not limited to televisions, radios, stereo players, cameras, telephones, computerized gaming equipment;
(5) Used recordings including all forms of entertainment, such as movies, games or music, whatever the media, content or recording format (such as compact discs (CD), interactive video games, and digital video devices (DVD).
(6) Secondhand and/or scrap metal dealers, including any special purchase articles, or other activity regulated by Ohio R.C. Chapter 4737;
(7) Any merchandise as a Pawnbroker or other activity regulated by Ohio R.C. Chapter 4727;
(8) Any products as a Precious metals dealer or other activity regulated Ohio R.C. Chapter 4728.
(b) For purposes of this Chapter, the following definitions shall apply:
(1) "Resale Dealers" shall include any person engaged in the business of purchasing, selling, exchanging or receiving used goods, products or merchandise, whether wholesale or retail, from commercial storefront premises and/or warehoused in storage facilities, pursuant to local licensing requirements of Section 755.01(a)(1) through (5) and including consignment thereof for sale
(2) "Used" means previously owned, secondhand, or not "new" as when offered for sale by the original manufacturer and/or distributor. "Used" is not limited to items previously opened or engaged for its manufactured purpose and includes "new" merchandise offered for sale and resale by owners of products other than the original manufacturer and/or distributor. "Used" includes merchandise refurbished for resale by dealers but does not include merchandise refurbished by the manufacturer and sold through authorized distributors.
(3) "Resale article" means any used product, good, or merchandise described in Section 755.01(a)(1) through (5) that is presented by any person to a Resale Dealer in exchange for cash, credit, trade or other valuable consideration with an aggregate resale price over one hundred dollars ($100.00) or on consignment therefore. For purposes of such aggregate resale price, the Resale Dealers shall include total weekly transactions by any person based upon sum of resale prices established and shall not knowingly permit any person to divide or delay resale transactions to purposefully avoid application of this regulation.
(4) "State licensed Dealers" means any person or business activity subject to licensing and regulations by laws of the State of Ohio, including but not limited to entities listed in Section 755.01(a) (6) through (8).
(Ord. 2011-21. Passed 3-15-11.)