Chapter 5.28
USED MERCHANDISE BUSINESSES
Sections:
5.28.010 Purpose.
5.28.020 Definitions.
5.28.030 License--Required.
5.28.040 License--Revocation.
5.28.050 Recordkeeping.
5.28.060 Restrictions on purchases and sales.
5.28.070 Violation--Penalty.
5.28.010 Purpose.
The purpose of this chapter is to provide for the licensing, regulation and recordkeeping of used merchandise businesses. (Ord. 2394 §1, 1981)
5.28.020 Definitions.
For the purposes of this chapter, the following terms mean:
A. "Used merchandise" includes jewelry, small appliances, precious metals, coins, silverware, television sets, auto and home stereo systems and guns and related items or articles. Used merchandise does not include large household kitchen or laundry appliances, furniture, automobiles or clothing.
B. "Used merchandise business" means any business operating within the corporate limits of the city which devotes all or part of its business to the collection, purchase, exchange or sale of used articles or the lending of money upon the possession and security of used articles to be returned by lender. A used merchandise business does not include a business which takes in trade used articles incidental to the sale of new articles or merchandise. A business dealing exclusively with the buying and selling of books, farm or lawn machinery, vacuum cleaners, or furniture; a business which sells merchandise on consignment only; a person who conducts a public sale of goods from private or public property less than six times per calendar year. (Ord. 2394 §2, 1981)
5.28.030 License--Required.
No person shall operate a used merchandise business within the corporate limits of the city, unless and until such business holds a valid license issued under this chapter.
A. Every owner or operator of a business covered by this chapter shall file an application for a license with the city recorder who shall forthwith refer the application to the chief of police who shall cause an investigation to be made as to the moral character and reputation of the applicant as a law abiding citizen and shall observe the place in which the applicant intends to operate. The chief of police shall recommend approval or disapproval of the application and return it to the city recorder. In the case of disapproval, the applicant may appeal to the city council which shall hear the appeal at this next regularly scheduled meeting which is not less than seven days from the notice of appeal. The city council shall review the application in its entirety and shall either sustain the denial of the license or recommend approval and issuance thereof based upon its findings following the appeal.
B. A license shall be issued on a calendar year basis. The annual license fee shall be determined as set out in Ordinance 2361, set out in this code in "Fee Schedule," and shall not be transferable. The annual fee shall not be prorated for part of a year. Each license shall be posted in a conspicuous place open to the public on the premises licensed. (Ord. 2540 §3, 1984; Ord. 2394 §3, 1981)
5.28.040 License--Revocation.
A. A license issued under this chapter may be revoked for the violation of any of the provisions of this chapter by a licensee.
B. A license may also be revoked, or its issuance denied, if a licensee or applicant knowingly provides false information or knowingly falsifies any application or record required to be made or kept by this chapter. (Ord. 2394 §4, 1981)
5.28.050 Recordkeeping.
A. A used merchandise dealer licensed under this chapter shall be required to keep a record of all purchases and acquisitions of used merchandise upon forms to be provided by the city; which forms shall require obtaining information to generally identify the merchandise and the person from whom such merchandise is acquired.
B. The forms shall be maintained in chronological order and a copy thereof shall be retained for police officers of the city.
C. The records shall be available for inspection by police officers at reasonable times and places and the records shall be maintained for a period of three years for the date of the transaction. (Ord. 2394 §4, 1981)
5.28.060 Restrictions on purchases and sales.
A. No purchase or acquisition by a used merchandise dealer shall be made when the dealer knows, suspects or reasonably should know or suspect that the items to be purchased are stolen property or that the person from whom the items are acquired is not the true owner of the items.
B. No used merchandise dealer shall buy, sell, receive, dispose of or have in his possession any item whose serial number or any other identification mark has been removed, defaced, covered up, obliterated or destroyed in whole or in part. Furthermore, any used merchandise dealer shall immediately notify the chief of police of any offer to purchase, sell, receive or dispose of such property that is made to the dealer.
C. All used articles purchased or acquired by a used merchandise dealer shall be segregated in such a way to permit for their ready identification by the records required in Section 5.28.070 for a period of seven days before resale. Segregation shall continue for a further period not to exceed ten days upon the direction of a peace officer if the peace officer has a reasonable suspicion that the used articles are stolen property. (Ord. 2394 S5, 1981)
5.28.070 Violation--Penalty.
A. Any person found guilty of violating any of the provisions of this chapter, upon conviction thereof in municipal court, shall be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed one hundred days, or by both such fine and imprisonment, and shall pay the costs of the proceedings.
B. In addition to the remedies provided in this section, additional proceedings may be instituted, including, but not limited to, injunctive relief to enforce the provisions of this chapter. (Ord. 2394 §7, 1981)