Sec. 7-87. Revocation of permit for violations.

The director of finance may revoke the permit, provided for in this article, of any person violating any of the provisions of this article by giving written notice of the revocation to the permittee, and no such permittee shall thereafter transact any business under the permit so revoked.

(1953 Code, ch. 6, § 9; Ord. No. 3120, § 5, 4-22-68; Ord. No. 8011, § 2, 3-22-93)

Sec. 7-88. Revocation procedure--Appeal.

   (a)   Before revoking a permit, the director of finance shall give written notice to the permittee, in the manner provided in this article, that a revocation hearing will be held at a place and time specified in the notice, which hearing shall not be sooner than ten (10) days from the date of the notice. The notice shall state the grounds relied upon for the proposed revocation. The director of finance (or designated representative) shall hold the hearing at the time and place specified, unless agreed otherwise by the permittee and other parties concerned, and the permittee shall be allowed to appear in person and by the counsel and offer evidence. A record shall be kept of all proceedings, including proofs offered and an audio tape of testimony. No permit shall be revoked unless grounds therefore are satisfactorily established by the evidence as shown by the record of the hearing. The director of finance shall give the permittee and other parties written notice of the hearing decision, and such decision shall be final. Revocation of a permit shall be effected by the finance director's signing of the written notice of the hearing decision. A permittee's right to do business under authority of the permit shall terminate immediately upon the mailing to the permittee of a copy of the director's signed decision revoking the permit.

   (b)   Notice required by this article may be served by certified mail addressed to the permittee at the address of the permittee as shown on the business license application or as shown on the going-out-of-business permit application. Such notices may also served by personal service.

(Ord. No. 8011, § 2, 3-22-93)

Sec. 7-89. Requirements for permittee sign.

All signs as required in section 7-85(1) of this article shall conform to the following requirements:

   (1)   There shall be a sign posted near to and visible from each entrance to the business.

   (2)   Each sign shall measure 24" × 24".

   (3)   All information printed on permittee's sign shall be in one-half ( 1/2) inch letters.

   (4)   Each sign shall contain the city business license number and the sale permit number.

   (5)   Each sign shall provide the telephone numbers for the consumer affairs office and the revenue division office for complaint and follow-up information.

(Ord. No. 8011, § 2, 3-22-93)

Secs. 7-90--7-96. Reserved.

ARTICLE V. PAWNBROKERS AND SECONDHAND DEALERS*

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*   Editors Note: Section 1 of Ord. No. 10254, adopted February 28, 2006, changed the title of this article from "Pawnbrokers, Secondhand Dealers and Junk Dealers" to "Pawnbrokers, Secondhand Dealers and Scrap Metal Dealers". Section 1 of Ord. No. 10854, adopted November 23, 2010, changed the title of this article from "Pawnbrokers, Secondhand Dealers and Scrap Metal Dealers" to "Pawnbrokers and Secondhand Dealers".

   Cross References: License fee for pawnbrokers, § 19-28(109); license fee for junk collectors, § 19-28(79); license fee for junk dealers, § 19-28(84).

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Sec. 7-97. Definitions.

   Sec. 7-97(1). In this article, the following terms shall have the meanings given in A.R.S. § 44-1621: identification document, loan, pawn ticket, pawn transaction, pawnbroker, pawnshop, pledged goods, pledgor, reportable transaction, and transaction date.

   Sec. 7-97(2). Jewelry includes gold, platinum, silver, gold-filled or plated ware, diamonds and other precious or semiprecious stones whether mounted or unmounted, cultured pearls, and watches, clocks and goods, wares and merchandise commonly classified as jewelry and commonly offered for sale in jewelry stores.

   Sec. 7-97(3). Secondhand dealer.

   (a)   Secondhand dealer means every person engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares, merchandise or other articles, including:

   (1)   Coins, gems or semiprecious stones, jewelry, precious metals purchased from any person other than the original manufacturer or authorized distributor selling the same for money, credit or exchange, digital video discs, and all goods and articles that bear a serial number or owner applied number regardless of value; and

   (2)   All secondhand goods, wares, merchandise, or other articles that have a fair market value in excess of one hundred dollars ($100.00).

   (b)    The term defined in paragraph (a) includes:

   (1)   Every person engaged in the described business whether such business be the principal or sole business so carried on, managed or conducted, or be merely incidental to, in connection with or a branch or department of, some other business; and

   (2)   Any person or entity that conducts such activities at a location that is not that person's or entity's actual business address, such as a hotel, meeting hall, convention center, or other short term leased or rented location.

   (c)   The term secondhand dealer does not include organizations that are recognized as not for profit under the laws of this state or any other state, dealer to dealer transactions, or individuals or businesses conducting estate sales.

   Sec. 7-97(4). Transaction includes only those items required to be reported pursuant to section 7-98(b) but does not include compact discs, furniture, and books.

(1953 Code, ch. 19, § 1; Ord. No. 4716, § 2, 11-28-77; Ord. No. 9587, § 1, 8-6-01; Ord. No. 10254, § 2, 2-28-06; Ord. No. 10790, § 1, 5-18-10, eff. 7-1-10; Ord. No. 10854, § 2, 11-23-10, eff. 7-1-10)

Sec. 7-98. Duty to report receipt of articles to police.

   (a)   A pawnbroker shall make and deliver to the chief of police a true, complete, and accurate report of each article the pawnbroker receives through a reportable transaction, as provided by A.R.S. § 44-1625.

   (b)    It shall be unlawful for any secondhand dealer, or any employee or agent thereof, to fail, neglect, or refuse to deliver to the chief of police, within two (2) business days after the receipt thereof, a full, true, and complete report of the following enumerated goods, wares, merchandise, or other articles received at the secondhand dealer's place of business on deposit or by purchase, trade, or consignment:

   (1)   Coins;

   (2)   Gems or semiprecious stones;

   (3)   Jewelry;

   (4)   Precious metals purchased from any person other than the original manufacturer or authorized distributor selling the same for money, credit or exchange;

   (5)   Digital video discs, expanded memory cards, and games where the total value of such goods exceeds fifty dollars ($50.00);

   (6)   Bicycles;

   (7)   Golf clubs;

   (8)   Ballistic vests, bullet-proof vests, and body armor;

   (9)   Any good or article that bears a serial number or owner applied number; and

   (10)   Collectable goods and articles that contain autographs, limited edition designations, or number sequences.

   (c)   Any single good or article or combination of goods or articles that have a fair market value in excess of one hundred dollars ($100.00) shall be reported under section 7-98(b) notwithstanding the fact that such good or article or combination of goods or articles are not enumerated in the provisions of such section.

   (d)   Transactions may not be split into smaller portions for the purpose of avoiding the reporting requirements of subsections (b)(5) or (c).

(Ord. No. 1053 Code, ch. 19, § 2; Ord. No. 2819, § 1, 10-11-65; Ord. No. 4716, § 3, 11-28-77; Ord. No. 8176, § 1, 12-13-93; Ord. No. 9587, § 2, 8-6-01; Ord. No. 10254, § 3, 2-28-06; Ord. No. 10790, § 1, 5-18-10, eff. 7-1-10; Ord. No. 10854, §§ 3, 4, 11-23-10, eff. 7-1-10)