As used in this Chapter:
(a) "Secondhand"- means that which has been used or which has been previously traded or sold by a retailer.
(b) "Selling"- includes sale on consignment, delivery, barter, exchange, gift, or offer thereof.
(c) "Secondhand dealer" means any person, firm, or corporation dealing in the purchase and sale of any of the following articles:
(1) Secondhand furs;
(2) Secondhand office machinery and equipment, including, without limitation, computer equipment, typewriters, adding machines, calculators, copy machines, printers, fax machines, telephones, check signing equipment, and address machines;
(3) Secondhand tools of artisans, mechanics, or laborers;
(4) Secondhand musical instruments;
(5) Secondhand precious stones or manufactured articles composed wholly or in substantial part of gold, silver, platinum, or other precious metal;
(6) Secondhand lawn, garden and construction equipment;
(7) Secondhand computers, electronic, audio, visual and/or entertainment equipment or devices including, without limitation, laptops, docking stations, televisions, video monitors, DVD players, record players, tape players, recording devices, other stereo equipment, twenty-five or more DVD's, compact discs or records from any one source within a seven day time period, cameras, camcorders, webcams, video game consoles or accessories, video game discs; cell phones and cell phone accessories, satellite phones, I-phones, I-pods, I-pads or similar devices, MP3 players, radio receivers or transmitters, pagers, chargers, GPS units or systems, radar detectors, electronic organizers, Bluetooth devices, and DVD or CD burners, and other similar electronic devices;
(8) Secondhand plumbing fixtures, builders' hardware or lighting fixtures;
(9) Pawnbrokers' tickets or other evidence of pledged articles; or
(10) Used or secondhand motor vehicle or vehicle parts or accessories not received by the buyer for credit upon the purchase of similar new merchandise.
(d) A person, firm, or corporation meeting one or more of the following shall not be considered a "secondhand dealer" under the terms of this Chapter:
(1) A not-for-profit entity recognized as tax exempt by the Internal Revenue Service and registered with the Ohio Secretary of State as a not-for-profit entity; or
(3) A retail business whose inventory consists primarily (ninety-five percent or more) of items which are at least thirty years old and which are considered "antiques" or "collectibles"; and
(4) A retail business which would be classified as a "secondhand dealer" only by virtue of selling secondhand computers, electronic, audio, visual and/or entertainment equipment or devices as specified in subsection (c)(7), above, when the proprietor is able to establish that all of the computers, electronic, audio, visual and/or entertainment equipment sold are at least twelve years old.
(Ord. 66-2012. Passed 10-11-12.)