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)

3-4B-4: APPLICATION FOR LICENSE:

Any applicant for secondhand goods dealer's license must complete, in English, an application form provided by the city clerk. The application form shall contain the following information:

   A.   The full name, residential address, business address, date of birth, and social security number of the applicant, and where the applicant is a corporation or partnership, the foregoing information of the officers or partners;

   B.   Designation of location, including street and number, where business is to be transacted, plus name and address of the owner of premises;

   C.   Whether the applicant is a natural person, corporation or partnership:

      1.   If the applicant is a partnership, the names and addresses of all partners;

      2.   If the applicant is a corporation, the state of incorporation and the names and addresses of all officers and directors;

   D.   If the applicant is a natural person, the application shall be signed and sworn to by the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner;

   E.   The name of the manager or proprietor of the business;

   F.   A statement by the applicant as to whether said applicant has ever been convicted of any crime, except simple misdemeanor traffic violations. If any person mentioned in this section has an arrest record, a statement must be made providing the place and court of said conviction, the specific charge under which the conviction was obtained, and the sentence imposed as a result of said conviction;

   G.   A statement under penalty of perjury that the applicant has truthfully and accurately reported all requested information in the application; that he will comply with all of the laws of the United States, the state and the city;

   H.   Applicant shall provide the city clerk with any additional information required by the city clerk involving the application;

   I.   The police department shall investigate the facts set forth in the application and shall report to the city clerk its findings thereon. The applicant shall furnish to the police department such evidence as it may reasonably require in support of the statements set forth in the application. (Ord. 4161, 4-8-1996)

3-4B-5: CONDITIONS OF LICENSE:

   A.   Fee: The annual license fee shall be fifty dollars ($50.00).

   B.   Term: All licenses issued under this article shall expire one year after the original date of issue.

   C.   Contents Of License: Upon full compliance with this article and, if warranted, the city clerk shall issue to the applicant a license which states the business to be transacted, the place or places where it is to be carried on, the date of issue, and the time it will expire. All licenses shall be numbered in the order in which they are issued, and the city clerk shall keep a stub or duplicate thereof. No person shall engage in, or carry on, in the city, the business of a secondhand goods dealer without paying the fee and procuring a license provided in this article, nor shall any person carry on said business in any manner contrary to the provisions of this article.

   D.   Includes Agents And Employees: The license shall be sufficient for all clerks, agents and/or employees engaged or employed at each place named in the license. Each clerk, agent or employee of any secondhand goods dealer shall be subject to and bound by the provisions of this article and liable to the same penalties and to the same extent as his employer or principal for any violation thereof.

   E.   Display: The license provided for herein shall be valid only for the location designated in the application, and shall be prominently displayed therein at all times.

   F.   Change In Information: Upon any change in any of the information required to be submitted as part of the application, licensee shall, within three (3) days of such change, notify the city clerk of said change, in writing, and in the event of a change of address for doing business, the license shall be returned to the city clerk and an amended license issued designating the new location. The amended license shall be valid for the length of time remaining on the original license. (Ord. 4161, 4-8-1996)