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A. Record Required: On each firearm, item of jewelry or precious metal, every secondhand goods dealer shall be required to keep a record register in which the dealer shall accurately, intelligibly and in ink legibly enter in the English language, at the time of purchasing or receiving any firearm, jewelry or precious metal, the following:
1. The amount paid for the firearm, jewelry or precious metal;
2. A detailed, complete and accurate description of the firearm, jewelry, or precious metal, including identifying marks;
3. The firearm's serial number and model number, if any;
4. The name of the person from whom the firearm, jewelry, or precious metal is purchased or received, his signature, residence telephone number, residence address, motor vehicle operator's license and state from which issued or his social security number, said person's race and nationality; and
5. The date, time and place of the transaction.
B. Failing To Keep Records: Any person who shall fail to keep such records, or fail to make the required entries therein, or shall intentionally or knowingly make any false or unintelligible entry, or any entry which the dealer has reason to believe is untrue, or who shall fail to make the inquiries necessary to enable the dealer to make such entries or any of them, or who shall fail to produce the records when requested, or who shall destroy or negligently permit such records to be destroyed or lost, shall be guilty of a simple misdemeanor. (Ord. 4962, 10-5-2009)
C. Copies To Police:
1. Any firearms, jewelry, or precious metal transactions made in the course of the secondhand goods dealer's business shall require the secondhand goods dealer to give the police a ticket upon which shall be printed or written a copy of all entries required by this article to be made in the secondhand goods dealer's register with reference to the transactions with such person, for which ticket no charge shall be made by said secondhand goods dealer. The secondhand goods dealer shall give to the police a ticket for each item upon which shall be printed or written: name of secondhand goods shop, date/time of purchase, article, brand, model number, serial number, description (including identifying marks), customer name, address, city and state, date of birth, social security number/driver's license number/state, sex, race, hair, eyes, phone number, and customer signature. Said ticket shall be numbered sequentially and reflect the effective year. All tickets shall be purchased from city at cost, and any ticket not used shall be retained for inspection by the appropriate city official. All tickets shall be retained for three hundred sixty five (365) days from the issuing thereof. (Ord. 4962, 10-5-2009; amd. Ord. 5179, 10-7-2013)
2. Each secondhand dealer shall deliver said tickets to the Waterloo police department by Monday at four o'clock (4:00) P.M., or if said Monday is a holiday, by four o'clock (4:00) P.M. on the next business day. (Ord. 5179, 10-7-2013)
A. The secondhand goods dealer shall at all times permit a duly authorized officer of the city to inspect the entire premises covered by the license, including all records that may have any relationship to the operation of the secondhand goods business.
B. No licensee, his agent or employee, shall refuse, resist, or attempt to prevent the chief of police or his designee from examining the licensed premises for the purpose of discovering stolen property or any violation of this article. (Ord. 4161, 4-8-1996)
The police are authorized to seize property, with proper seizure notice, or require the dealer to hold property which they have probable cause to believe is stolen property. A receipt will be given to the secondhand goods dealer for all property seized. If the police have not seized or picked up the property within ten (10) days from the date of notification to the secondhand goods dealer, said secondhand goods dealer may dispose of the property as he deems appropriate. (Ord. 4161, 4-8-1996)
Any firearm, jewelry, or precious metal received by a secondhand goods dealer shall not be sold, transferred, altered, removed from the premises or otherwise disposed of for thirty (30) days after the date of such report to the police. This does not include merchandise purchased from wholesale vendors, provided there is proof of such purchase. Failure to hold said items for the required holding period shall be deemed a simple misdemeanor. (Ord. 4962, 10-5-2009)
A. Doing Business With Minors: No person under the age of eighteen (18) years shall sell any item with any secondhand goods dealer, nor shall any secondhand goods dealer receive any items from a person under the age of eighteen (18) years. (Ord. 4161, 4-8-1996)
B. Identification Required: No dealer shall receive any firearm, jewelry, or precious metal unless the seller presents one picture identification or two (2) forms of other types of identification. Proper identification shall consist of, but not be limited to, driver's license, picture ID, medicard, draft card and/or major credit card. (Ord. 4962, 10-5-2009)
C. Display Of Goods: No goods or merchandise shall be stored or continuously displayed on any public street, alley or public parking area. Any goods or merchandise stored or displayed outside a fully enclosed building shall be done so in an orderly and clean fashion so as not to create a nuisance, as defined in state or local law, or stored or displayed in such a manner as to provide a habitat or breeding area for rodents or insects. Goods and merchandise stored or displayed outside, which are not designed to be placed, freestanding, on the ground, shall be placed on racks or shelves. (Ord. 4161, 4-8-1996)
A. Any license under this article may be denied, suspended or revoked for any of the following reasons:
1. The proposed use is in conflict with the Waterloo zoning ordinance;
2. The proposed use is in conflict with any health, building, building maintenance or other provision of this code or state law;
3. Violation of any provision of this article;
4. Fraud, misrepresentation or false statements made in securing a license;
5. Fraud, misrepresentation or false statements made in the course of the applicant's business;
6. Failure to cooperate with all reasonable requests of any official of the city.
B. Upon receipt of information alleging that grounds exist to deny, suspend or revoke the secondhand goods dealer's license of any applicant or licensee under this article, and after consultation with the legal department, the city clerk shall report the circumstances to the city council, which in such case shall cause a notice to be sent by ordinary mail to the applicant or licensee at the address noted in the application. Said notice shall state that a denial, suspension or revocation hearing has been set before the city council, the grounds for the proposed denial, suspension or revocation, the date and time of the hearing, and the place where the hearing will be conducted. Upon such hearing, if the city council shall determine that one or more of such grounds do exist, it may deny an application or suspend or revoke an existing license. A suspension shall constitute a minimum period of fourteen (14) calendar days during which period the licensee may not conduct any business except for redemptions. In the event such license is revoked, no secondhand goods dealer's license shall issue to the licensee for a period of one year. (Ord. 4161, 4-8-1996)
Every person, his agents or employees, who shall violate any of the provisions of this article shall, upon conviction thereof, 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. 4161, 4-8-1996; amd. 2001 Code)
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