(A) Investigative hold. Whenever a law enforcement official from any agency notifies a dealer not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within 72 hours and will remain in effect for 15 days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to division (B) below, whichever comes first.
(B) Order to hold. Whenever the Chief of Police, or the Chief’s designee, notifies a dealer not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the Chief of Police, or the Chief’s designee. The order to hold shall expire 90 days from the date it is placed unless the Chief of Police, or the Chief’s designee, determines the hold is still necessary and notifies the dealer in writing.
(C) Order to confiscate.
(1) If an item is identified as stolen or evidence in a criminal case, the Chief of Police, or the Chief’s designee, may:
(a) Physically confiscate and remove it from the dealer’s premises, pursuant to a written order from the Chief of Police, or the Chief’s designee; or
(b) Place the item on hold or extend the hold as provided in division (B) above, and leave it in the dealer’s premises.
(2) When an item is confiscated, the person doing so shall provide identification upon request of the dealer, and shall provide the dealer the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the Chief of Police, or the Chief’s designee, shall so notify the dealer.
(Prior Code, § 111.267)