(A) No person shall directly or indirectly operate, conduct, or engage in the business or occupation of dealing in secondhand goods or junk without first obtaining a license therefor. For the purpose of this section,
DEALING IN SECONDHAND GOODS OR JUNK shall include purchasing, selling, exchanging, receiving, or storing to facilitate or promote the sale of secondhand goods or junk of any kind or description; provided, that this section shall not apply to persons who deal exclusively in used personal property commonly known as “antiques,” nor shall this section apply to persons involved in scrap processing, automotive recycling, or a junkyard that deals principally in industrial scrap and is licensed by the city for same.
(B) No such license shall be granted except upon certification of the Police Chief or his or her designee and unless a complete set of the fingerprints of the applicant therefor is on file in the noncriminal identification file of the Police Department.
(C) No licensee shall purchase or receive any article:
(1) From any person under the age of 18 years;
(2) From any person the licensee suspects as having stolen the article or is known to the secondhand merchant to be a thief or an associate of thieves;
(3) Between the hours of 9:00 p.m. and 7:00 a.m.;
(4) From any person who is intoxicated; or
(5) From any person who has not presented a valid form of identification.
(D) No secondhand merchant shall accept, offer, or display a pistol for resale. For purposes of this section, the term
PISTOL means any firearm that is 26 inches or less in length, or is any firearm that by its construction and appearance conceals it as a firearm. For purposes of this section, a flaregun is a pistol.
(E) (1) A secondhand merchant shall post in a conspicuous place in or upon its place of business a sign having its name and occupation.
(2) No secondhand merchant shall fail to keep record of all persons with whom he or she does business and all property coming into his or her possession. Such records shall, at a minimum, contain the following information:
(a) The name, description, and photograph of the property, and the fingerprint, operator’s or chauffeur’s license or state identification number, registration plate number, and address of the person from whom the article was purchased and received;
(b) A copy of the operator’s or chauffeur’s license or state identification card;
(c) The date and time the purchase or exchange was made;
(d) The method and amount of payment; and
(e) The customer’s signature.
(3) The records, the place where the business is carried on, and all secondhand goods or junk in that place of business are subject to examination at any time by the City Attorney, City Police Department, County Prosecuting Attorney, or Department of State Police.
(4) All records must be electronically transmitted to the Chief of Police or his or her designee. Every secondhand merchant, within 48 hours, must transmit to the Chief of Police or his or her designee by means of electronic transmission through a modem or similar device in such a format that the data is capable of direct electronic entry into the City Police Department’s computerized system approved by the Chief of Police for identifying secondhand goods or junk, all transactions in which the secondhand merchant received secondhand goods or junk the preceding day by trade, purchase, or consignment. A transaction reported by electronic transmission under this division (E)(4) shall not be reported on paper forms unless the Chief of Police or his or her designee so requests.
(5) A secondhand merchant need not report electronically transactions taking place at a business location where the number of transactions in each 90-day period does not exceed ten. A secondhand merchant reasonably believing a location at which he or she conducts a business is qualified under this division (E)(5) for exemption from computerized reporting and wishing to be exempt from the requirements of this section shall sign, under penalty of perjury, a declaration to that effect in a form developed by the Chief of Police or his or her designee, and once the declaration is signed, so long as the volume of transactions does not exceed ten in each 90-day period, transactions taking place at that business need not be reported electronically, but shall be reported on paper forms.
(6) All secondhand merchants must have the equipment installed in their place of business no later than July 31, 2006. The Police Department will require all secondhand merchants to electronically submit data beginning August 1, 2006.
(F) (1) A fee of $2 will be assessed per transaction. The fee breakdown is as follows: the electronic information data manager and secondhand merchant will each receive $0.50 per transaction and the city will receive $1 per transaction. The electronic information data manager will assess the property registration fee of $0.50 for each transaction the secondhand merchant reports, either through batch file upload, directly using the electronic information data manager’s business interface, or on the electronic information data manager’s automated reporting service.
(2) A
TRANSACTION is defined as a single buy or may involve one or more secondhand goods or junk and does not include contract extensions or claims. This is a per transaction registration fee, not a per item fee included in the transaction. It is in the secondhand merchant’s discretion to recover the fees from its customers for registering the transaction. Further, the secondhand merchant may choose to incorporate the fee within other fees associated with the transaction.
(3) The secondhand merchant will be invoiced on a monthly basis. The electronic information data manager’s automated reporting service will generate a list of the billable transactions, which are used for deriving the invoiced amounts. The above fees are assessed for the use of the standard electronic information data manager’s automated reporting service. Any custom programming completed for the secondhand merchant will be negotiated on a contract basis and may result in unique licensing arrangements between the electronic information data manager and the secondhand merchant.
(G) The articles purchased or received shall be retained by the secondhand merchant for at least 15 days before disposing of them.
(H) Before any such license is issued, the applicant therefore shall furnish a license and permit bond in the penal sum of $10,000 with surety who is listed on the Department of Treasury’s listing of certified companies to be approved by the City Clerk, which bond shall be conditioned for the due observance during the time of the license of all laws of the state and all ordinances of the city. Any person aggrieved by the action of any such licensee shall have a right of action on the bond for the recovery of money, damages, or both. Such bond shall remain in full force and effect for a period of 90 days after the expiration or cancellation of any such license or after the termination of any action upon such bond.
(I) Secondhand merchants must comply with requirements and procedures established by state law.
(Prior Code, § 110.25) (Ord. O-156, passed 2-17-2014, effective 2-27-2014; Ord. O-163, passed 6-22-2015, effective 7-2-2015) Penalty, see § 110.99