Chapter 5.24
SECONDHAND GOODS
Sections:
5.24.020 Permission required to engage in business – Application requirements.
5.24.030 Granting or denial of permission.
5.24.040 Fees required – Payment due dates.
5.24.050 Hours of operation and recordkeeping requirements.
5.24.060 Daily property report to Chief of Police.
5.24.070 Restrictions on property purchased by operator.
5.24.080 Badges and tags to be obtained and clearly displayed.
5.24.090 Revocation of permission – Validity of permission.
5.24.100 Penalty for violation.
5.24.010 Definitions.
The terms “furniture” and “household goods,” as used in this chapter, mean and include beds, bedding, tables, desks, chairs, stoves, floor coverings, crockery, glassware, and kitchen and cooking utensils. [Ord. 263 § 8, 1917.]
5.24.020 Permission required to engage in business – Application requirements.
Before any person, firm, association, or corporation shall, in the City, engage in, conduct, manage, or carry on the business of buying or selling old rope, iron, brass, copper, tin, lead, rags, plush, empty bottles, paper, bagging or other junk, or secondhand goods, wares and merchandise, other than furniture and household goods, whether at a fixed place of business, or as an itinerant peddler, he, they, or it shall make an application to the City Council for permission to engage in such business, which application shall set forth the true names of all the parties interested, their residence, occupation, street or number of the place where such business is proposed to be conducted or carried on, or whether or not the applicant or applicants, or any of them, or parties interested therein, have ever been convicted of any criminal offense, and such application shall be signed by the applicant or applicants. [Ord. 263 § 1, 1917.]
5.24.030 Granting or denial of permission.
The City Council shall grant or deny the applicant permission to engage in such business, but no permission shall be granted to any applicant who is not of good moral character, or who has not a good character in respect to honesty and integrity, and it is unlawful for any person, firm, association or corporation to engage in such business in the manner mentioned above without first obtaining permission and paying the license as provided in this chapter. [Ord. 263 § 2, 1917.]
5.24.040 Fees required – Payment due dates.
Every person, firm, association or corporation engaged in conducting, managing, or carrying on the business of buying or selling old rope, iron, brass, copper, tin, lead, rags, plush, empty bottles, paper, bagging or other junk, or secondhand goods, wares and merchandise, other than furniture or household goods, shall pay a license fee of $50.00 per year, payable quarterly in advance, and, in addition thereto, the sum of $10.00 per year, payable in advance, for every wagon or vehicle used in connection with the business. The time of such quarterly payments shall be the second day of January, the first day of April, the first day of July, and the first day of October of each year. [Ord. 263 § 4, 1917.]
5.24.050 Hours of operation and recordkeeping requirements.
No person, firm, association or corporation engaged in such business shall receive any personal property by way of pledge or pawn, nor shall any of such persons purchase, collect or receive any junk between the hours of 7:00 p.m. and 6:00 a.m. Every person, firm, association or corporation engaged in such business shall keep a record at his, their, or its place of business in a substantial well-bound book of all articles purchased or sold by him, them or it, which records shall show an exact description of all property purchased or sold, the date of purchase or sale, the name and address or place of business of the person from whom purchased, and of the person to whom sold, and all particular or prominent marks of identification that may be found upon the property; such book shall be kept neat and clean, and all entries made therein shall be neatly and legibly written in ink. Such book shall at all times be open to the inspection of the Chief of Police or other officials of the City, or any peace officer of the State. [Ord. 263 § 5, 1917.]
5.24.060 Daily property report to Chief of Police.
Every person, firm, association or corporation to whom permission has been granted to engage in such business shall, on each day before the hour of 11:00 a.m., make out and deliver to the Chief of Police, on a blank form to be obtained from the Chief of Police for that purpose, a full, true and complete report of all property purchased or sold by him, them, or it, during the day preceding the delivery of the report. Such report shall show the hour of the day when each article was purchased or sold, and the true name and address, as nearly as the same is known to or can be ascertained, of the person or persons from whom such article was purchased, or to whom sold. [Ord. 263 § 6, 1917.]
5.24.070 Restrictions on property purchased by operator.
Every person, firm, association or corporation engaged in such business shall keep in his, their, or its possession within the City all property purchased for a period of at least 10 days from the time of the purchase of the same. [Ord. 263 § 7, 1917.]
5.24.080 Badges and tags to be obtained and clearly displayed.
All wagons and vehicles used in connection with the business shall be provided with round metallic license tags containing a number. Such tags are to be issued by the Chief of Police upon payment of the license fee as prescribed in SMC 5.24.040, and which license tags shall be attached to the right-hand and left-hand sides of such wagons or vehicles at and near the seat of the driver thereof. All itinerant peddlers shall receive from the Chief of Police, upon the payment of the license fee as provided for in this chapter, a circular metal badge containing a number, which badge shall be worn on the outermost garment of the itinerant peddlers’ garments. Itinerant peddlers shall also receive from the Chief of Police, upon payment of the license fee as provided for in this chapter, circular metal license tags for each wagon or other vehicle used by them in the business, containing a number, such number to be the same as that upon the badge issued to such itinerant peddler, which tags shall be attached to the right-hand and left-hand sides of such wagon or vehicle at and near the seat of the driver thereof. The Chief of Police is authorized to procure such suitable badges and tags, as set forth above, as shall be necessary to comply with the terms of this chapter. [Ord. 263 § 9, 1917.]
5.24.090 Revocation of permission – Validity of permission.
In the event that any person, firm, association or corporation having permission to conduct or carry on such business violates, or causes, or permits to be violated, any of the provisions of this chapter, or conducts or carries on such business in an unlawful manner, or causes or permits such business so to be conducted or carried on, or has been convicted of any crime involving moral turpitude, it shall be the duty of the City Council to revoke the permission granted to such person, firm, association or corporation; provided, however, that the permission mentioned in SMC 5.24.030 shall be good only for the quarter for which the license mentioned in this chapter is issued. [Ord. 263 § 3, 1917.]
5.24.100 Penalty for violation.
Any person, firm, association or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $300.00 or by imprisonment in the County Jail for a period of not more than three months, or by both such fine and imprisonment. [Ord. 263 § 10, 1917.]