(A) Definition. SECOND-HAND GOODS DEALER means a person engaging in the business of buying or selling or both of second-hand goods of any kind excepting goods and merchandise defined as junk or used metal under the city code, used, wrecked or dismantled motor vehicles or motor vehicles intended to be wrecked or dismantled and goods and merchandise taken as part or full payment for new goods and merchandise.
(B) License required. It is unlawful for any person to engage in the business of, or operate as, a second-hand goods dealer without a license therefor from the city.
(1) Each license shall be issued only to the applicant for the premises described in the application.
(2) Not more than one license shall be directly or indirectly issued within the city to any one person.
(3) No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the city are delinquent and unpaid.
(4) No license shall be issued for any place or any business ineligible for a license under state law.
(5) No license shall be granted within 500 feet of any other licensed second-hand goods dealer. The distance is to be measured from the closest side of the existing licensed facility to the closest side of the newly licensed structure or the premises within which secondhand goods are to be sold.
(6) No license shall be issued to a person for operation of a second-hand goods dealer in a zoning district where the operation is not permitted or otherwise allowed under Ch. 11 of the City Code.
(C) Bond. An applicant for a second-hand goods dealer’s license shall file a bond in the penal sum of $1,000. All such bonds shall be conditioned that the principal named therein will observe all laws in relation to dealers in second-hand goods and conduct his or her business in conformity thereto, and that he or she will account for and deliver to any person legally entitled thereto, any goods, wares or merchandise, article or thing, which may have come into his or her hands through his or her business as such dealer in second-hand goods, or in lieu thereof will pay in money to the person.
(D) Records required. Every person who shall be engaged in the business of dealer in second-hand goods shall keep a book in which shall be clearly written in ink, at the time of each purchase, an accurate account or description, in the English language, of the goods, article or other thing purchased, the amount of money paid therefor, the time of the receipt of the same, the name, residence and description of the person selling the same. The book, as well as the article purchased, shall at all reasonable times be open to the inspection of the Mayor or any member of the police force.
(E) Receipts required. Every such dealer in second-hand goods purchasing or receiving any article or personal property shall give to the person selling the article or personal property a plain written or printed ticket or receipt for the article or personal property so sold, showing the terms of the sale and a copy of the entries in his or her book above required relating to the sale.
(F) Reports to police. Every dealer in second-hand goods, upon being served with a written notice to do so by a member of the Police Department, shall make out and deliver to the Chief of Police, upon blank forms to be furnished by the Police Department by the end of the second business day following the service exclusive of the day of the service, a legible correct copy from the book, of all personal property or other valuable things received or purchased during the time period specified in the notice together with the date when purchased and the name, address and description of the person or persons from whom the same were purchased; provided that, no person shall be required to furnish the description of any property purchased from merchants, manufacturers or wholesale dealers having an established place of business, or of goods purchased at open sale from any bankrupt stock. But the property and goods must be accompanied by a bill of sale or other evidence of open or legitimate purchase, which must be shown to the Mayor or other member of the police force when demanded.
(G) Required holding period. No personal property purchased by any dealer in second-hand goods shall be sold or disposed of in any way within the period of ten days next after the delivery to the Chief of Police of the copy and statement relating thereto.
(H) Police order to hold property. Whenever the Chief of Police, or any member of the police force designed by the Chief of Police, shall notify any such dealer or dealers not to sell any property so purchased by them, the property shall not be sold until such time as may be determined by the Chief of Police or member of the police force designated by the Chief of Police so requiring them to be held.
(I) Hours.
(1) From 9:00 p.m. Saturday to 7:00 a.m. Monday, no property shall be received as a purchase by any dealer; nor shall any property, except personal wearing apparel be sold during the hours by any dealer, nor on any other day before 7:00 a.m., nor on any day after 9:00 p.m.
(2) Further, no dealer in second-hand goods shall be open for business on the following holidays: New Year’s Day; Memorial Day; Fourth of July; Labor Day; Thanksgiving Day; and Christmas Day.
(J) Minors; prohibitions. No person under the age of 18 years, except with the written consent of the parent or guardian of the minor to each particular transaction, shall sell any personal property or other valuable thing to any person licensed to do business under this section. No person under the age of 18 years shall represent to any person licensed under the provisions of this section, at the time of his or her selling of any personal property, that he or she is 18 years of age or over.
(Am. Ord. passed 8-22-2023)