3-4A-9: LAW ENFORCEMENT HOLDS AND SEIZURES:

   A.   The police are authorized to require a "hold" on property for investigative purposes. This hold requires the licensee to hold the property until such time the hold has been cleared.

      1.   If law enforcement has not cleared the hold or recovered the property within fifteen (15) days of placing the hold the licensee may dispose of the items as they deem appropriate.

   B.   The police are authorized to seize property with a seizure notice; a copy of the receipt will be given to the licensee. (Ord. 5481, 2-4-2019)

3-4A-10: HOLDING PERIODS:

   A.   Any item pawned shall not be sold, transferred, altered, removed from the premises or otherwise disposed of for fifteen (15) days from the date the item was received by the licensee.

      1.   However an individual may redeem said item that was pawned during or after the fifteen (15) day holding period at the discretion of the pawnbroker, provided there are no law enforcement holds.

      2.   Items purchased for resale by the licensee shall be held for fifteen (15) days prior to being offered for sale.

      3.   There is no hold required for items purchased from a wholesale vendor and sold as new. (Ord. 5481, 2-4-2019)

3-4A-11: PROHIBITED ACTS:

   A.   No licensee shall receive property from any person under the age of eighteen (18).

   B.   No licensee shall receive property unless the seller presents a valid state or government issued photo ID.

   C.   No licensee will interfere with law enforcement investigations or recovery of stolen property.

   D.   No goods or merchandise shall be stored or continuously displayed on any public right-of-way. (Ord. 5481, 2-4-2019)

3-4A-12: DENIAL, SUSPENSION OR REVOCATION:

   A.   Any license under this article may be denied, suspended or revoked for any of the following reasons by the Waterloo City Clerk:

      1.   Failing to conform to the Waterloo Zoning Ordinance.

      2.   Failing to comply with Health, Building and Building Maintenance Codes of the City of Waterloo, Black Hawk County and/or the State of Iowa.

      3.   Violating any provisions of this article.

      4.   Any type of fraud or deception.

      5.   Failure to cooperate with lawful requests of City officials.

      6.   Failure to provide accurate information at the time of application.

   B.   All appeals of a license denial, suspension or revocation will be heard by the Waterloo City Council. (Ord. 5481, 2-4-2019)

3-4A-13: PENALTY:

Every person, agents, and employees of the licensee who violate any provisions of this article shall upon conviction be guilty of a Municipal infraction and fined as provided in subsection 1-3-2C of this Code. Each day a violation occurs shall constitute a separate offense. (Ord. 5481, 2-4-2019)

ARTICLE B. SECONDHAND GOODS DEALERS

SECTION:

3-4B-1: Definitions

3-4B-2: Exemptions From Article

3-4B-3: Prerequisites To License

3-4B-4: Application For License

3-4B-5: Conditions Of License

3-4B-6: Firearms, Jewelry, And Precious Metals Records Register

3-4B-7: Inspections

3-4B-8: Police May Seize Property

3-4B-9: Holding Periods

3-4B-10: Prohibited Acts

3-4B-11: Denial, Suspension Or Revocation

3-4B-12: Penalty

3-4B-1: DEFINITIONS:

SECONDHAND GOODS DEALER: Any person, partnership, firm or corporation whose business includes selling, buying or receiving any tangible personal property previously owned, used, rented or leased. No person, partnership, firm or corporation shall operate a secondhand goods dealership on the same premises as that of a pawn business, nor shall said secondhand goods dealership be operated under the pawnbroker licensee. (Ord. 4167, 5-13-1996)

3-4B-2: EXEMPTIONS FROM ARTICLE:

This article shall not apply to or include the following:

   A.   The sale of secondhand goods where all of the following are present:

      1.   The sale is held on property occupied as a dwelling by the seller or owned, rented or leased by a charitable or political organization; i.e., yard sale, garage sale or moving sale;

      2.   The items offered for sale are owned by the occupant or seller;

      3.   That no sale exceeds a period of ninety six (96) consecutive hours;

      4.   That no more than three (3) sales are held in any twelve (12) month period;

      5.   That none of the items offered for sale shall have been purchased for resale or received on consignment for purpose of resale.

   B.   The sale of secondhand books or magazines.

   C.   The sale of goods at an auction held by a licensed auctioneer.

   D.   A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock.

   E.   Goods sold at the public market, i.e., farmers' market, etc.

   F.   Goods sold at a bona fide antique, used furniture or used clothing store, i.e., a business in which seventy five percent (75%) of the business's revenue is derived through the sale of antiques, used furniture or used clothes. (Ord. 4161, 4-8-1996)

3-4B-3: PREREQUISITES TO LICENSE:

   A.   Affidavit Of Compliance: Before any license required by this article shall be issued, the applicant therefor shall file with the city clerk an affidavit that the applicant will observe and carry out the requirements of any provision of this code or other city ordinance in force at the time of application, or any provision of this code or other city ordinance passed thereafter and during the time the applicant's license is in force, in relation to secondhand goods dealers or their business.

   B.   Surety Bond: Before any license shall be issued to any secondhand goods dealer, the applicant for said license shall file a bond with the city clerk signed by a solvent surety company authorized to execute such bonds under the laws of the state and which is acceptable to the city, in a penalty sum of two thousand dollars ($2,000.00), conditioned that they will comply with the conditions and regulations contained in this article, and that they will pay all fines, costs or penalties imposed for failure to do so. (Ord. 4161, 4-8-1996)