For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
PAWNBROKER. Any person, partnership, association or corporation lending money on deposit or pledge of personal property, other than chooses in action, securities or printed evidences of indebtedness; or purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehouseman and lending money on goods, wares or merchandise pledged or deposited as collateral security.
PLEDGE. An article or articles deposited with a pawnbroker in the course of business.
PLEDGOR. A person who delivers the pledge into the possession of a pawnbroker, unless such person discloses that he or she is or was acting for another, and in such an event PLEDGOR means the disclosed principal.
PRECIOUS METAL or GEMS. Items comprised of gold, silver, platinum, palladium and alloys thereof, gems, coins, containing precious metals and all forms of previously owned jewelry, which contain precious metals.
SECOND-HAND DEALER. Any person, partnership, corporation, association, joint venture, trustee, court-appointed representative or agent thereof which operates a business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, coins or any precious metals which may have been previously owned by a consumer; or which derives more than 35% of its gross receipts from the sale, consignment for sale, pledge or trade of any goods, wares or merchandise which have previously been owned by a consumer, including, but not limited to, furniture, appliances, consumer electronic goods, clothing, automobile accessories, books, magazines, athletic cards and memorabilia or precious metals, whether in bulk or manufactured state. The term SECOND-HAND DEALER shall include businesses commonly known
as pawnbrokers, trading posts, swap shop operators, stamp dealers, coin dealers, jewelers and auction houses that purchase and re-sell items from persons other than dealers and suppliers. The fact that any business does any of the following acts shall be prima facie proof that the business is a second-hand dealership:
(1) Advertises in any fashion that it buys or sells second-hand or used items. Such advertisements shall include, but are not limited to, media advertisements, telephone listings and signs whether on the exterior or interior of the business; and
(2) Devotes a significant segment or section of the business premises to the purchase or sale of second-hand or used items.
(Ord. 150-09, passed 9-8-09)