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.)