Chapter 5.28
SECONDHAND GOODS DEALERS
Sections:
5.28.020 License required – Fee.
5.28.030 Records, reports required.
5.28.040 Duty to hold goods five days.
5.28.050 Purchases from minors, drunks and thieves.
State law reference(s) – Valuable articles, § 18-16-101, C.R.S. et seq.
5.28.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Business of dealing in secondhand goods means and includes the purchase or sale of any secondhand articles of whatever nature, which shall include secondhand automobile parts and accessories, except when such parts and accessories are acquired by the purchase of the entire vehicle to which they are attached; provided, that nothing contained in this definition shall be construed to apply to pianos, books, magazines, tapestries, paintings, drawings, etchings, engravings, automobiles or to exchanges, returns or credits of merchandise when the articles exchanged, returned or credited are accepted in full or part payment for like merchandise; provided, however, that any person holding a valid junk dealer’s license may also engage in the business of dealing in secondhand merchandise conducting such business in accordance with the provisions of this code under such license. Any person who shall engage in the business of dealing in secondhand goods shall be termed a secondhand goods dealer and be subject to licensure and the other provisions of this code.
Junk means and includes, but is not limited to, ferrous and nonferrous metals, wood or wood products, appliances not being used for their intended purposes, glass, rubber or plastic products, dismantled or inoperable machinery, equipment, tools, junk vehicles or similar materials. Any person who shall buy, sell, barter, handle, trade or deal in junk shall be termed a junk dealer and be subject to licensure and other provisions of this code.
(Code 1994 § 10-176; Code 1965 §§ 17-55, 17-90)
Cross reference(s) – Definitions generally, GJMC 1.04.020.
5.28.020 License required – Fee.
Any secondhand goods dealer as defined in this chapter shall first procure a license therefor before conducting any business. The cost of such license shall be established by resolution of the City Council.
(Code 1994 § 10-177)
5.28.030 Records, reports required.
(a) Records. Every person licensed under this chapter shall keep a book in the form prescribed by the City Manager in which shall be written at the time of purchase an accurate description of goods, articles or things purchased; the date of receipt of the same; and the name, address and description of the person selling the same; which book as well as the article purchased shall at all times be available to inspection by any member of the Police Department.
(b) Reports. Every person licensed under this article shall make a weekly report in writing, in the form prescribed by the City Manager, giving an accurate description of the goods, articles or things purchased or received; the date of the receipt of the same; and the name, address and description of the person selling the same.
(Code 1994 § 10-178; Code 1965 § 17-92)
5.28.040 Duty to hold goods five days.
No person licensed under this chapter shall sell or remove from his place of business any secondhand goods, articles or things purchased by him until the same shall have been in his possession at least five days.
(Code 1994 § 10-179; Code 1965 § 17-94)
State law reference(s) – Similar provisions, § 18-16-106, C.R.S.
5.28.050 Purchases from minors, drunks and thieves.
No person licensed under this chapter shall purchase, or contract for purchase, any tangible personal property or secondhand goods, articles or things from any person under 18 years of age or from any person who at the time of purchase is intoxicated or from any person known by the purchaser to be a thief or an associate of thieves or receiver of stolen property, or from any person reasonably suspected of being such.
(Code 1994 § 10-180; Code 1965 § 17-95)