CHAPTER 727
Dealers in Second-Hand Articles
727.01   Definitions.
727.02   License required; exception.
727.03   Application for license.
727.04   Display of license.
727.05   License fee; expiration date; renewal.
727.06   Transfer of license.
727.07   Record to be kept.
727.08   Retention of articles.
727.09   Record of sale.
727.10   Prohibitions.
727.11   Report to Police Division.
727.12   Hours of business.
727.13   Additional rules.
727.14   Denial or revocation of license; notice of liability; appeals.
727.99   Penalty.
   CROSS REFERENCES
   Revocation of second-hand dealer's license - see Ohio R.C. 2961.03
   Automobile dealers and salesmen - see Ohio R.C. Ch. 4517
   Record of transactions required - see Ohio R.C. 4737.01, 4737.04
   Dealing with minors prohibited; hours regulated - see Ohio R.C. 4737.03
   Receiving stolen property - see GEN. OFF. 545.18
   Junk yards - see BUS. REG. Ch. 733
727.01. Definitions.
   (a)   "Second-hand dealer" means any person, society, firm, club, partnership, organization or corporation that sells or purchases for the purpose of resale, second-hand articles. "Second-hand dealer" includes the sale of goods on consignment and the sale of second- hand goods in combination with the sale of new merchandise. For purposes of this chapter:
      (1)   Anyone who conducts more than seven sale days of second- hand goods during a calendar year from any location within the City of Toledo shall be considered a dealer in second-hand goods within the meaning of this chapter.
      (2)   A "second-hand dealer" includes any person issued a license pursuant to Ohio Revised Code § 4727.02 (Pawnbroker), § 4737.07 (Second-hand Goods Dealer, Junk Yard) and/or Toledo Municipal Code Chapter 733 who sells, purchases, or accepts on consignment second-hand goods.
   (b)   "Second-hand article" means any merchandise or item of whatever nature, including antiques, that is not new and/or has been used or worn by a previous owner. A second-hand article includes, but is not limited to, any article composed wholly, or in part, of gold, silver, platinum or other precious metal; old gold, silver or platinum for the purpose of melting, refining or selling; used or worn merchandise or item of whatever nature taken as trade-in on a new article, item or merchandise and sold by any person, society, firm, club, partnership or corporation; or any merchandise or item evidenced by a pawnbroker's ticket or other evidence of pledged article from a person, society, firm, club, partnership, organization or corporation other than a pawnbroker who deals in the redemption of sale of furs, clothing or other pledged article and all items listed in Toledo Municipal Code § 733.01(b) & (f). "Second-hand article" also includes "fixtures" attached to residential or commercial property as defined in Toledo Municipal Code § 545.21(c) and "special purchase articles" as defined in Ohio Revised Code § 4737.04(A)(2).
   (c)   "Location" means the place where any sale or purchase of a second-hand article is transacted.
   (d)   "Picture identification" means one or more of the following that includes a photograph of the bearer:
      (1)   Valid driver's license issued by a state government;
      (2)   A state identity card;
      (3)   Passport issued by a legitimate government; or
      (4)   An alien registration identification card issued by the United States Immigration and Naturalization Service.
   (e)   "Purchase" means buy for valuable consideration, take in trade, or accept on consignment.
(Ord. 469-14. Passed 10-21-14.)
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