Chapter 5.45
ANTIQUE/SECONDHAND/PRECIOUS METAL AND GEM DEALER
Sections:
5.45.050 Dealer report and holding of article.
5.45.010 Titles and purpose.
This chapter shall be known as the “Antique/Secondhand/Precious Metal and Gem Dealer Ordinance.” The purpose of this chapter is to provide for the licensing and regulating of certain business activities that the city council finds present an extraordinary risk of being used as a means of concealing criminal behavior involving the theft of personal property. This risk is present despite the best efforts of legitimate antique, secondhand and precious metal and gem dealers. [Ord. 601 § 1, 1982; Code 2000 § 9.700.]
5.45.020 Definitions.
As used in this chapter unless the context requires otherwise:
(A) “Antique” means any item of property that is possessed or valued because of its character, craft, style, rarity and association with an earlier period of time that is purchased for more than $50.00 by an antique dealer. As herein defined, “antique” does not include vehicles and components.
(B) “Antique dealer” means any person engaged in, conducting, managing, or carrying on the business of purchasing antiques from any person not representing a bona fide business, who appears with such article at the dealer’s place of business.
(C) “Article” means antique, secondhand and precious metal and gem as defined by this section.
(D) “Council” means the city council of the city of Cornelius, Oregon.
(E) “Bona fide business” means an enterprise operated for the purpose of producing a profit or for charity that has a legal identity as a business, and that applies state and federal business income tax regulations to its income and expenses.
(F) “License” means the license issued to secondhand dealers, antique dealers and precious metal and gem dealers, pursuant to this chapter.
(G) “Person” means any real person, partnership, association or corporation.
(H) “Precious metal and gem” means any metal or gem that is valued for its character, rarity, beauty or quality, including gold, silver, platinum, diamonds, rubies, emeralds, sapphires and pearls, and any other gems, whether as a separate item or in combination as a piece of jewelry, but excluding the following items: (1) gold bullion bars (0.995 fine or better); (2) silver bullion bars (0.995 fine or better); and (3) all coins, whether actual currency or commemorative, from all countries.
(I) “Precious metal and gem dealer” means any person engaged in, conducting, managing or carrying on the business of purchasing precious metals and gems from any person not representing a bona fide business, who appears with such article at the dealer’s place of business.
(J) “Purchase” means to transfer an article from a person, not representing a bona fide business, to any dealer regulated by this chapter, for any valuable consideration. Purchase does not include consignment of property for sale.
(K) “Secondhand articles” means the following used personal property: (1) televisions; (2) hi-fis, stereos, radios, tapes, recorders/players; (3) amplifiers, video recording equipment and accessories; (4) cameras, projectors and accessories; (5) tools; (6) office equipment including typewriters, calculators, recorders, transcribers and computers; (7) guns and equipment; (8) sewing machines; (9) jewelry; (10) clocks and watches; (11) silverware; (12) air conditioners; (13) electronic testing, regulating and repair equipment; (14) citizen’s band and walkie-talkie equipment; (15) microwave ovens; (16) telephones; (17) machinery; and (18) farm implements.
(L) “Secondhand dealer” means any person engaged in, conducting, managing or carrying on the business of purchasing secondhand articles from any person not representing a bona fide business, who appears with such article at the dealer’s place of business.
(M) “Chief of police” means the chief of police for Cornelius, Oregon. [Ord. 601 § 1, 1982; Code 2000 § 9.701.]
5.45.030 License.
(A) It shall be unlawful to operate as an antique, secondhand or precious metal and gem dealer in the city of Cornelius without first obtaining a license therefor as hereinafter provided.
(B) Application for a license shall be made upon standard forms issued and kept by the city recorder. Upon application for a license the recorder may issue an appropriate temporary license to be valid for the period of time stated on its face, said period of time not to exceed 30 days. The application or a copy thereof shall be referred to the chief of police for investigation preparatory to issuance of final license. If it appears from such investigation or otherwise that a final license should not be issued to the applicant, the chief of police shall notify the recorder to that effect and shall set forth the reasons why, in the chief of police’s opinion, the applicant should be denied a license. A copy of the chief of police’s report shall be provided to the applicant. The applicant may appeal the finding of the chief of police to the council. A decision by the council to deny a license may be appealed in accordance with ORS 34.010 through 34.100.
(C) Every license issued shall expire on January 15th of each year and may be renewed. No license granted under this chapter shall be assignable.
(D) Failure to comply with any provision of this chapter shall be cause for revocation of a license. The chief of police may for cause recommend the revocation of any license granted under this chapter. The recommendation, with reasons therefor, shall be made in writing to the council. Upon receipt of the written recommendation the council shall call for a public hearing on said matter and notify the affected licensee. Notice to the licensee shall be in writing and set forth the chief of police’s recommendations and reasons and shall be provided not later than 10 days before the hearing. Witnesses and interested parties may be heard at the hearing. After such hearing, the council may, in its discretion, revoke the license. Any appeal of the decision of the council shall be taken in accordance with ORS 34.010 through 34.100. [Ord. 601 § 1, 1982; Code 2000 § 9.702.]
5.45.040 Dealer register.
(A) All antique dealers, secondhand dealers and precious metal and gem dealers shall keep a book register of all antiques, secondhand articles and precious metal and gems purchased by the dealer. The register shall contain a full, true and complete description of the subject article including any engraved identifying number, mark or symbol.
(B) The register shall show the hour and day the article was received and the amount paid. The register shall include the name, current address, date of birth and signature of the person from whom the purchase is made. In addition, two pieces of identification shall be presented at the time of purchase. At least one piece of identification shall confirm the person’s name and date of birth. The type of identification used, such as driver’s license, along with its number, shall be listed in the register with the person’s name.
(C) The register information on a purchase shall be retained by the dealer for a period of not less than one year. At the request of the chief of police or his designee, the chief of police or his designee shall be allowed to review the register and any articles in possession of the dealer and subject to this chapter. Inspection of register and articles shall be during regular business hours.
(D) Each article identified in the dealer’s register shall be identified in the register with a number, letter or symbol. The article itself, while it is in the possession of the dealer, shall be identified by placing that number, letter or symbol on the article. [Ord. 601 § 1, 1982; Code 2000 § 9.703.]
5.45.050 Dealer report and holding of article.
(A) All antique, secondhand and precious metal and gem dealers shall at the time of purchase of an article complete the form provided by the chief of police. Completed forms must be returned to the chief of police not later than the next business day following the purchase. Placing the completed form in the mail not later than the next business day following the purchase shall be considered timely return. Postmark of the mailing of the completed form shall be verification of the timeliness of the return.
(B) Each article, subject to this chapter shall not be sold or otherwise disposed of for a period of seven days from date of purchase. Notwithstanding this requirement, the chief of police or his designee may authorize, in cases in which it is shown that extreme financial hardship will result from holding an article for the seven-day period, the sale or transfer of such article before the expiration of this period. Any authorization to sell an article prior to the expiration of seven days shall be in writing.
(C) Whenever the chief of police, or his designee, upon reasonable belief that an article is the subject of a theft, notifies in writing any antique, secondhand or precious metal or gem dealer not to dispose of any specifically described article, the article shall be retained in substantially the same form and shall not be sold, exchanged, dismantled or otherwise disposed of for a period of time, not to exceed 30 days as determined by the chief or his designee. [Ord. 601 § 1, 1982; Code 2000 § 9.704.]
5.45.060 Severability.
If any provision of this chapter is declared invalid by a court of competent jurisdiction, the remainder of the chapter shall not be affected. [Ord. 601 § 1, 1982; Code 2000 § 9.706.]
5.45.070 Emergency.
The council hereby finds that in order to establish a program to license antique, secondhand and precious metal and gem dealers and thereby reduce the risk of loss or destruction of property of the residents and inhabitants of the city, the terms and provisions of this chapter must be effective immediately; therefore, an emergency is hereby declared to exist and the ordinance codified in this chapter shall be effective immediately upon its adoption by the council and approval of the mayor under the Charter of the city. [Ord. 601 § 1, 1982; Code 2000 § 9.707.]