Sec. 11-121. Secondhand sales; definitions.
(a)   Applicant: The person who applies for a License pursuant to this Chapter. The applicant shall be at least eighteen (18) years of age.
(b)   Auctioneer: Any person who shall operate an auction house or who as a principal or agent, shall offer any article for sale by public outcry and where such items offered are sold immediately to the highest bidder.
(c)   Auction House: Any establishment in which is carried on the business of auctioning articles for sale by public outcry and where such items offered for auction are sold immediately to the highest bidder.
(d)   Automated kiosk: An interactive device that is installed within a retail space at which used consumer electronic devices are sold, traded, recycled or otherwise received by a person.
(e)   Business records: Records of any purchase, trade, barter or other transaction involving the receipt of secondhand goods, made in the ordinary course of business at or near the time of the purchase, trade, barter or transaction including receipts, scrap metal transport manifests and books or similar records as prescribed by this Chapter, but do not include correspondence, tax returns or financial statements.
(f)   Consumer electronic device: Any portable electronic or digital device designed to be purchased and used by end users or consumers for daily, non-commercial purposes. Examples of consumer electronic devices include, but are not limited to, cellular telephones, touch screen tablets, laptop computers, smart watches, and digital media players.
(g)   Ferrous metals: Those metals that will attract a magnet.
(h)   Firearm: Any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive, except that it does not include a firearm in permanently inoperable condition.
(i)   License: A license issued to an auctioneer, pawnbroker, scrap metal dealer, or secondhand dealer in accordance with this Chapter.
(j)   Licensee: The person owning, operating, and/or conducting the business to be licensed, including all persons with a financial interested in the business, the manager(s) or other individuals(s) principally in charge of the operation of the business, any authorized local agent(s), or any person designated as the "responsible managing officer" under this Chapter. A "person" may be any corporation, company, partnership, firm, association, organization, joint venture, business entity, trust, proprietor, agent, or natural person.
(k)   Nonferrous metals: Those metals that will not normally attract a magnet, including copper, brass and aluminum.
(l)   Pawnbroker: A person engaged in the business of advancing money on the security of pledged goods or engaged in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed or variable price within a fixed or variable period of time.
(m)   Pawnshop: Any establishment in that is carried on the business of pawn brokerage, or the business of loaning money, receiving as security for payment thereof pawns or pledges of property, or the business of purchasing personal property and reselling or agreeing to resell, trade or exchange such articles to vendors, their personal representatives, or their assignees at a price agreed upon at or before the time of such purchase whether such business be the principal or sole business so carried on or be merely incidental to, or in connection with, or a branch or a department of some other business.
(n)   Precious item: Has the same definition as in A.R.S. § 44-1601.
(o)   Secondhand dealer/Antique dealer: Any person, other than a person who exclusively deals in secondhand books, magazines, handbills, and/or posters, engaged in conducting, managing or carrying on the business of buying, selling, trading or exchanging, or otherwise dealing in secondhand goods, wares, merchandises, precious items, or articles, whether such business be the principal or sole business so carried on, managed, or conducted or be merely incidental to in connection with, or a branch or a department of some other business. This term includes automated kiosks. This term shall not be construed to include trade-ins, dealers or auctioneers in articles of property, the transfer of title to which is required by the laws of the state to be evidenced by written instrument and recorded in an appropriate office of state or county government.
(p)   Secondhand goods: Any new or used property (article) that has been sold, traded, exchanged, consigned or otherwise disposed of by the original owner. The definition of secondhand includes, but is not limited to: (i) old stamps; (ii) old coins and money; (iii) "precious item" as defined in A.R.S. § 44-1601; and (iv) used automotive components when purchased by a "used automotive components dealer" as that term is defined in A.R.S. § 44-1321. The definition of secondhand does not include "numismatic coin" as defined in A.R.S. § 44-1801.
(q)   Second sales: The business of conducting trade in used goods or property of any kind. This term includes, but is not limited to, trade commonly conducted by the following businesses referenced in this chapter: pawnshops, secondhand dealers, auction houses, swap meets, antique dealers, and scrap metal dealers.
(r)   Trade-in: The acceptance, sale or disposal of used automobile tires or automobile batteries or farm implement parts or farm machinery parts or road equipment parts or mining equipment parts or automobiles parts taken in part payment for new or reconditioned automobile tires or automobile batteries or farm implement parts or farm machinery parts or road equipment parts or mining equipment parts or automobile parts. Dealers exchanging articles in the course of service or construction work shall not be deemed to constitute the doing of any business defined under this term.
(Ord. No. 99-111, 12/14/99, Enacted (SUPP 1999-4); Ord. No. 2017-27, § 73, 6-13-17; Ord. No. 2020-10, § 5, 8-18-20)