Chapter 5.20
SECONDHAND DEALERS

Sections:

5.20.010    Definitions.

5.20.020    License – Required.

5.20.030    License – Application.

5.20.040    License – Fee.

5.20.050    Multiple places of business.

5.20.060    Records – Required.

5.20.070    Records – Violations.

5.20.080    Records – Delivery to police.

5.20.090    Inspection of records and goods.

5.20.100    Seller name and address.

5.20.110    Sale before 10 days.

5.20.120    Stolen goods – Proscribed sellers.

5.20.130    Garage sales.

5.20.140    Violation – Misdemeanor.

5.20.010 Definitions.

As used in this chapter:

A. “Garage sale” means and includes any proposed sale such as a garage, patio, yard, etc. sale, by a citizen of the city at his or her place of residence of used goods of any kind or description. This term shall not apply to the resident who engages in the private transaction with another party for sale of a particular item.

B. “Secondhand dealer” means and includes every person who, as a business, engages in the purchase, sale, trade, barter, auction, sale on consignment, or otherwise exchanges secondhand goods, or who keeps a store, shop, room or other place where secondhand goods of any kind or description are bought, sold, traded, bartered, pledged, pawned, auctioned, sold on consignment or otherwise exchanged, including dealers in used or remanufactured automobile tires or parts; provided, however, that this term does not apply to those persons engaged in the business of selling used or secondhand motor vehicles or boats.

C. “Secondhand goods” means and includes any and all used, remanufactured or secondhand goods purchased or kept for sale by a dealer in secondhand goods; provided, however, that such term does not include secondhand motor vehicles or boats. (Ord. 283 § 1, 1982)

5.20.020 License – Required.

It is unlawful for any person, firm or corporation to engage in the business of buying, selling or trading in secondhand goods in the city without first obtaining a secondhand dealer’s license pursuant to the provisions of this chapter. (Ord. 283 § 3, 1982)

5.20.030 License – Application.

All applications for issuance of secondhand dealer’s licenses shall be made to and be filed with the city clerk on forms furnished for such purpose and shall be accompanied by the required fee. This application shall state the true name of the applicant, who shall not be less than 18 years of age, the names of all persons having a financial, proprietary or other interest in such secondhand dealer’s shop, together with such other information as the city clerk deems appropriate. The application shall then be referred to the police chief for investigation, report and recommendation. If, from the reports and other information available, the city clerk deems the applicant to be a fit and proper person, the city clerk shall issue the license applied for. (Ord. 283 § 4, 1982)

5.20.040 License – Fee.

The fee for secondhand dealers shall be as established periodically by city council resolution. (Ord. 787 § 1, 1999; Ord. 439 § 19, 1989; Ord. 326 § 2, 1984; Ord. 283 § 3 1982)

5.20.050 Multiple places of business.

Any person having more than one place of business where secondhand goods are bought, sold, traded, bartered or exchanged shall be required to procure a separate license for each and every such place of business. A secondhand dealer’s license shall not be transferable from one person to another, but the licensee may have his license transferred to a new location by the city clerk and the change of address shall be noted on the license, together with the date on which the change was made. (Ord. 283 § 5, 1982)

5.20.060 Records – Required.

Every secondhand dealer shall maintain at his place of business a book in which he shall at the time of purchase of any secondhand goods enter, in the English language, written in ink, the following information:

A. The date of the transaction;

B. The name of the person conducting the transaction and making the entries required therein;

C. The printed name, signature, age and address of the person with whom the transaction is had;

D. The address of the place from which the property was last removed;

E. An accurate description of the property bought, which shall include the name of the maker of such property or manufacturer thereof and the serial number, if the article has such marks on it, or any other inscriptive or identifying marks; and

F. An itemized statement of the price or amount paid for the property purchased. (Ord. 283 § 6, 1982)

5.20.070 Records – Violations.

It is unlawful for any secondhand dealer or any clerk, agent or employee of such secondhand dealer to fail, neglect or refuse to make any material entry in the record described in LFPMC 5.20.060, as required in this chapter, or to make any false entry therein, or to obliterate, destroy or remove from his place of business such record within five years from the date of the transaction. (Ord. 283 § 7, 1982)

5.20.080 Records – Delivery to police.

A. Transcript Required. It is the duty of every secondhand dealer to deliver to the police chief at the close of every business week a full, true and correct transcript of the record of all transactions occurring during the preceding week. Secondhand goods taken on consignment or trade-in shall be recorded in the same manner as goods purchased outright.

B. Duty to Report. It is also the duty of any secondhand dealer having good cause to believe any property in his possession has been previously lost or stolen to report such fact to the police department immediately, together with the name of the owner, if known, and the date and name of the person from whom the same was received by such secondhand dealer. (Ord. 283 § 8, 1982)

5.20.090 Inspection of records and goods.

All books and other records of any secondhand dealer relating to purchase or receipt of any goods, wares, merchandise or other things of value shall at all times be open for inspection by the police chief or his deputy, and all articles or things received or purchased shall at all times be open to a like inspection. (Ord. 283 § 9, 1982)

5.20.100 Seller name and address.

Anyone who sells or otherwise leaves any property with a secondhand dealer shall sign the records required to be kept by such dealer with his true name and shall include his correct residence address. (Ord. 283 § 10, 1982)

5.20.110 Sale before 10 days.

No dealer in secondhand goods shall sell or dispose of any article received or purchased by him, or permit the same to be removed from his place of business, within 10 days after the receipt of such goods has been reported to the police chief as provided in this chapter, except when the goods have been inspected by regular members of the police department, and they have authorized the secondhand dealer to dispose of such goods within a lesser period of time; provided, that consigned property sold at auction need only be held for three days prior to sale. (Ord. 283 § 11, 1982)

5.20.120 Stolen goods – Proscribed sellers.

It is unlawful for any secondhand dealer, his clerk or employee, to purchase or receive any article or thing known by him to be stolen, any article or thing from a person who is under 18 years of age, intoxicated, an habitual drunkard, addicted to the use of drugs, or from any person who is known to be a thief, or a receiver of stolen property, or from any person who he has reason to suspect or believe to be such. (Ord. 283 § 12, 1982)

5.20.130 Garage sales.

Any person who engages in the sale or trade of secondhand goods in the city at his or her place of residence such as a garage sale, patio sale, yard sale, etc., shall not do so without first obtaining a permit pursuant to the provisions of this section.

A. Permit Fee. The garage sale permit fee shall be as established periodically by city council resolution.

B. Application. All applications for issuance of such permit shall be made to and be filed with the city clerk on forms furnished for such purpose and shall be accompanied by the required fee. This application shall include the applicant’s full name, address, signature, location of proposed sale, type of goods proposed for sale, and duration of proposed sale, together with such other information as the city clerk deems appropriate. When inspection of application and all requirements of application and inspection have been met, the permit for such sale may be issued by the city clerk for not more than two nonconsecutive two-day sales in any calendar year.

C. Inspection. All articles or goods proposed for sale shall at all times be open for inspection by the police chief or his deputy.

D. Records. Any person to whom a permit has been issued shall keep records of sales made and amount of these sales and report same to the city clerk. Such sales shall be subject to the city business tax as provided for in Chapter 5.04 LFPMC. (Ord. 787 § 1, 1999; Ord. 666 § 1, 1996; Ord. 439 § 9, 1989; Ord. 326 § 8, 1984; Ord. 283 § 13, 1982)

5.20.140 Violation – Misdemeanor.

The violation of any of the terms of this chapter is a misdemeanor and violators shall be subject to all fines and penalties as provided by state law as such. Notwithstanding the foregoing, the license fees provided in this chapter constitute a civil debt which may be forced by civil action, including all reasonable costs and reasonable attorneys’ fees of collection. Violation of this chapter is punishable through action by uniform citation issued to and through the municipal court. (Ord. 283 § 14, 1982)