(A) Investigative hold.
(1) Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises.
(2) The investigative hold shall be confirmed in writing by the originating agency within 72 hours and will remain in effect for 15 days from the date of the initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to divisions (B) and (C) below whichever comes first.
(B) Order to hold. Whenever the Chief of Police or the Chief’s designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the Chief or the Chief’s designee. The order to hold shall expire 90 days from the date it is placed unless the Chief or the Chief’s designee determines the hold is still necessary and notifies the licensee in writing.
(C) Order to confiscate.
(1) If an item is identified as stolen or evidence in a criminal case, the Chief or the Chief’s designee may:
(a) Physically confiscate and remove the item from the shop, pursuant to a written order from the Chief or the Chief’s designee, or
(b) Place the item on hold or extend the hold as provided in division (B) above and leave the item in the shop.
(2) When an item is confiscated, the person doing so shall provide identification upon request of the licensee and shall provide the licensee the name and telephone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the Chief of Police, or the Chief’s designee, shall so notify the licensee.
(Ord. 781, passed 12-4-01)