759.01 Definitions; sign required.
759.02 Record information.
759.03 Daily reports to police.
759.04 Retention of articles.
759.05 Prohibited purchases; customers.
759.06 License.
759.07 Waiver.
759.08 Exclusions.
759.99 Penalty.
CROSS REFERENCES
Power to regulate - see Ohio R.C. 715.61
Secondhand dealers - see Ohio R.C. Ch. 4737
Record of transactions required - see Ohio R.C. 4737.01, 4737.04
Dealing with minors prohibited; hours regulated - see Ohio R. C. 4737.03
Display of items for sale near street - see TRAF. 351.05
(a) For purposes of this chapter "secondhand dealer" means a person operating a store, shop or other business, whether or not at a permanent location, for the purpose of purchasing, selling, exchanging or receiving secondhand articles of any kind, including articles or jewelry containing gold, silver or other precious metals or jewels. A person who operates a business whose exclusive purpose is the resale of either books, clothing, comics, or trading cards shall not be considered a secondhand dealer.
(b) "Secondhand article" means any item which has previously been used, worn or owned by another person.
(c) A person who is operating as a secondhand dealer in the City, shall post in a conspicuous place in or upon his shop, store, wagon, boat, motor vehicle, or other place of business, a sign having his name and occupation legibly inscribed thereon. Such person shall also post in the same place his license certificate and copy of this entire chapter.
(Ord. 84-81. Passed 10-12-81; Ord. 33-10. Passed 5-10-10.)
(a) The Reynoldsburg Division of Police shall enter into a contract for services and maintain its contract for services with LeadsOnline or a similar entity in order to enhance its investigative services to protect both secondhand dealers and members of the general public. Every secondhand dealer shall operate and maintain a computer system with internet access for the purposes described herein. Every secondhand dealer shall subscribe to LeadsOnline or the City's current electronic reporting system and maintain said subscription throughout the term of the secondhand dealer's business license. Every secondhand dealer shall provide an electronic record utilizing the LeadsOnline electronic reporting system or the electronic system then in use by the City. Such report shall enter and upload all information from its books and records regarding contracts for purchase, pledges and purchase transactions of any secondhand scrap iron, automobile parts, tires, household furniture or furnishings, household appliances, office equipment, coins, jewelry, jewels, weapons, bicycles, tools, toys, electronic media and or electronic equipment to LeadsOnline or a similar system as soon as reasonably possible after the transaction is consummated. Every secondhand dealer shall input information to every data field supported by the LeadsOnline system. In the event the electronic reporting system malfunctions or is otherwise not operational, the secondhand dealer shall, at all times during such malfunction or non-operation, be required to keep written records of any and all transactions that would have otherwise been entered in the electronic reporting system and shall submit such records to the Reynoldsburg Division of Police within twenty-four hours of such transaction during the non-operational period. The written records shall contain all information required on the electronic reporting system.. If any article that is left on deposit, pledged or purchased has engraved thereon a number, word or initials or contains settings of any kind, the description of the article in the report shall contain the number, word or initials engraved and shall describe the setting of the item and the number of each kind. In the event of a change to its electronic reporting system, the City shall notify all secondhand dealers in the City of the change within a reasonable time prior to such change.
(b) No item shall be received unless the person from whom the article is acquired exhibits a driver's license or state-issued identification card and the identifying numbers are recorded on the electronic report. Whenever the dealer has reason to know or believe the seller, purchaser or exchangor is under eighteen years of age, he must require that person to produce sufficient articles of identification to establish his age.
(c) This section shall apply in those instances where the article purchased or received by the dealer is any secondhand scrap iron, junk automobile parts, tires, household furniture or furnishings, household appliances, office equipment, coins, jewelry, jewels, weapons, bicycles, tools, toys, electronic media and or electronic equipment.
(d) Every entry shall be numbered consecutively, commencing with number one. No entry shall be erased, obliterated or defaced.
(e) All books or records which are required to be maintained as a result of this section shall be open to inspection by the Mayor or his designee immediately, at any time during hours of operation. Upon demand by the Mayor or his designee, the secondhand dealer shall also produce and show the article or articles thus listed and described.
(Ord. 84-81. Passed 10-12-81; Ord. 33-10. Passed 5-10-10.)
(a) A person licensed as a secondhand dealer shall, furnish a list of every article taken in pawn or bought by such secondhand dealer the previous day by uploading such list to the LeadsOnline program via a secure internet connection.
(b) A person licensed as a secondhand dealer shall, every day furnish a photograph of every article of jewelry, precious metal, or stone, regardless of value, taken in pawn or bought by such secondhand dealer the previous day by uploading the photograph to the LeadsOnline program via a secure internet connection.
(Ord. 33-10. Passed 5-10-10.)
(a) All articles as provided in this chapter shall be retained by the purchaser thereof for at least seven days, before disposing of them, in an accessible place, in the confines where such articles were purchased or received. No article may be changed, altered, smelted or defaced during this period. Articles may be released, prior to seven days, upon inspection and approval by the Chief of Police or any police officer designated by him. The seven day waiting period may be waived by an authorized person after inspection or voluntary submittal of records to an authorized City Law Enforcement Officer. (Ord. 84-81. Passed 10-12-81.)
(b) If any City Law Enforcement Officer has probable cause to believe that the item(s) described in the daily list provided for under this chapter is stolen property, the City Law Enforcement Officer shall notify the secondhand dealer in writing, and upon receipt of such notice, the secondhand dealer shall retain such item(s) until the expiration a reasonable period of time to conduct an investigation has elapsed, such time shall not be less than thirty days after the day on which the secondhand dealer is first required to make available the information required in the daily list provided for under this chapter, unless the City Law Enforcement Officer notifies the secondhand dealer in writing that retention is not required until such expiration.
(Ord. 33-10. Passed 5-10-10.)
(a) No dealer shall purchase or exchange any article from any person under eighteen years of age, from any intoxicated person or any person under the influence of drugs and/or alcohol, from any person he knows to have been convicted of a theft offense or associate of any person he knows to have been convicted of a theft offense or receiver of stolen property, from any person whom he has reason to suspect or believe to be any of the foregoing or from a senile person.
(b) Every dealer shall immediately report to the police any article or thing pledged or sold to him; or which is sought to be sold to him, if he has reason to believe that the article or thing was stolen or lost.
(c) No person shall use or provide a fictitious or false name or address, or false or fictitious information when selling or exchanging any article with a secondhand dealer.
(Ord. 84-81. Passed 10-12-81.)
Loading...