§ 116.001 DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   CASUAL PURCHASES OF PRECIOUS METALS OR PRECIOUS GEMS. The purchase of precious metals or precious gems other than for resale or for the purchaser’s own use and enjoyment. Any purchase from a dealer in precious metals or precious gems shall be considered a CASUAL PURCHASE.
   CHIEF OF POLICE. The chief officer of the city police department or his or her designee who shall be an employee of the city police department or other person designated by the chief; however, the nonemployee designee shall be with advice and consent of the city council.
   DEALER IN PRECIOUS METALS OR PRECIOUS GEMS. Any person who engages in a business of purchasing or receiving, for resale, any precious metals or any precious gems, which were previously sold at retail, or coins. This shall not include any person who makes only casual purchases of precious metals or precious gems nor any person who purchases only at wholesale nor any person who purchases only occasionally at a coin show or antique show, the primary purpose of which is showing, rather than buying or selling the regulated articles.
   MEDIA OF ELECTRONIC DEVICES, COMPUTERS, AND OTHER DIGITAL DEVICES. Any device used in connection with an electronic device, computer, or other digital device or any device which is used to record and/or store data including, but not limited to, vinyl records, VHS tapes, 8mm tapes, cassette tapes, 8-track tapes, digital audio tapes, hard or floppy discs, CDs, DVDs, laser discs, Blu-Ray discs, USB storage devices, I-Pods, MP3 players, hard drives, memory sticks, or secure digital (SD) cards.
   PAWNBROKER. Any person who loans money on deposit or pledge or personal property, or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the property back again at a stipulated price, or who loans money secured by chattel mortgage on personal property and by taking possession of the property or any part thereof so mortgaged.
   PRECIOUS GEMS. Diamonds, emeralds, rubies, sapphires and pearls, and any other gem of similar value, and any article made, in whole or in part, of the gems.
   PRECIOUS METALS. Gold, silver, and platinum and any article made, in whole or in part, of any of the metals.
   SECONDHAND GOODS DEALER. Any person other than a pawnbroker or dealer in precious metals or gems, who, in the course of his or her economic activity, buys, sells, deals in, or takes in trade for the purpose of resale, the following secondhand goods: portable electric appliances; power tools; tools; tool boxes; electronic devices; stereos, or components thereof; computers and other digital devices; media of electronic devices, computers and other digital devices; sporting goods; sporting equipment; serial numbered items; bicycles and e-bicycles; and precious metals or precious gems. The following are exempt:
      (1)   Bona fide garage, rummage, yard, or moving sales which do not occur at the same location more than four times per year for more than four days each time;
      (2)   Any person, firm, or company that operates an automobile salvage business;
      (3)   Transactions in secondhand goods at stores or events sponsored by nonprofit corporations or associations or religious organizations;
      (4)   Transactions by SECONDHAND GOODS DEALERS in goods or articles other than those of the type listed under the definition of SECONDHAND GOODS DEALER; however, any transaction as it pertains to a good or article of the type listed under the definition of SECONDHAND GOODS DEALER is not exempt from the requirements of this chapter; and
      (5)   Transactions by SECONDHAND GOODS DEALERS in goods or articles of the type listed under the definition of SECONDHAND GOODS DEALER to the extent that the good or article is contained in and integrated into a motor vehicle and the motor vehicle is the good or article actually being transacted.
(1957 Rev. Ords., § 8.211; 1992 Code, § 28-1) (Ord. 54-11, passed 7-18-2011; Ord. 67-19, passed 6-18-2019)
Cross-reference:
   Definitions and rules of construction generally, see § 10.002