Chapter 5.60
SECONDHAND DEALERS
5.60.000 Chapter Contents
Sections:
5.60.010 Definitions.
5.60.015 License required.
5.60.020 Exemptions.
5.60.070 Recordkeeping requirements.
5.60.080 Access to records and property for inspection.
5.60.090 Pawn tickets.
5.60.100 Daily report of transactions to chief of police.
5.60.110 Redemption of pawned goods.
5.60.120 Limitations on receiving property.
5.60.160 Violations – Misdemeanor – Gross misdemeanor – Civil infraction.
(Ord. 6797 §4, 2012; Ord. 6694 §14, 2010, repealed OMC 5.60.030 through 5.60.060 and 5.60.130 and 5.60.140).
5.60.010 Definitions
For the purpose of this chapter, the following definitions shall apply:
A. “Secondhand dealer” means any person, firm, corporation, partnership or association that, within the City, shall solicit for or, as a business, engage in the purchase, sale, trade, barter or exchange of secondhand goods, wares or merchandise.
B. A “pawnbroker” includes any person engaged in the business of receiving property in pledge for loans.
C. An “Employee” includes any person who purchases or accepts in trade any goods from customers on behalf of the business.
(Ord. 6694 §14, 2010; Ord. 4286 §1, 1981; Ord. 1508 §1, 1917).
5.60.015 License required
No person, firm or corporation shall engage in any or the businesses defined in Section 5.60.010, without procuring a license therefor as required in Chapter 5.02.
(Ord. 6694 §14, 2010; Ord. 4997 §1, 1989; Ord. 4753 §7, 1987; Ord. 4286 §2, 1981; Ord. 1508 §2, 1917. Formerly 5.60.020).
5.60.020 Exemptions
The provisions of this chapter shall not apply to:
A. Any officer or employee of any department or agency of the United States or of any state, county, city or other municipal corporation while engaged in the performance of the officer’s or employee’s official duties;
B. Any licensed used car dealers;
C. Any duly licensed appliance, furniture, auto parts and accessory dealer, service station, auction, wrecking yard, recycling center and junk dealer;
D. Any non-profit organization;
E. Any business in which the amount of used goods purchased, is less than twenty-five percent of the total business conducted;
F. Any employee of the exempted businesses.
Any business that is exempted in this chapter is still subject to licensing as per Chapter 5.02.
(Ord. 7187 §3, 2019; Ord. 6694 §14, 2010).
5.60.070 Recordkeeping requirements
It shall be the duty of every pawnbroker and secondhand dealer to maintain in the pawnbroker’s and secondhand dealer’s place of business a book or other permanent record in which shall be legibly written in the English language, at the time of each loan, purchase or sale, a record thereof, containing:
A. The date of the transaction;
B. The name of the person or employee conducting the same;
C. The name, signature, sex, age, street and house number, and a general description of the dress, complexion, color of hair, and facial appearance of the person with whom the transaction is had;
D. The name and street and house number of the owner of the property bought or received in pledge;
E. The street and house number of the place from which the property bought or received in pledge was last removed;
F. A description of the property bought or received in pledge, which, in the case of watches, shall contain the name of the maker and the number of both the works and the case, and, in the case of jewelry, shall contain a description of all letters and marks inscribed thereon; provided, that when the article bought or received is furniture, or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient;
G. The price paid or the amount loaned;
H. The name and street and house numbers of all persons witnessing the transaction; and
I. The number of any pawn ticket issued therefor.
(Ord. 7187 §3, 2019; Ord. 6694 §14, 2010; Ord. 4286 §4, 1981; Ord. 2381, 1941; Ord. 1508 §7, 1917).
5.60.080 Access to records and property for inspection
The record provided for by Section 5.60.070 and the property purchased, shall be open for inspection at all hours to law enforcement officers.
(Ord. 6694 §14, 2010; Ord. 1667 §1, 1921; Ord. 1508 §8, 1917).
5.60.090 Pawn tickets
Every pawnbroker shall issue numbered pawn tickets for all goods or property received by that pawnbroker as pledges for loans, which tickets shall be considered receipts for such goods or property. Tags shall be attached to all such goods or property and upon each tag shall be written in legible figures a number which shall correspond to the number on the pawn ticket issued for such article or articles.
(Ord. 7187 §3, 2019; Ord. 6694 §14, 2010; Ord. 2381, 1941; Ord. 1508 §8-A, 1917).
5.60.100 Daily report of transactions to chief of police
Every pawnbroker and secondhand dealer in the City shall, before noon of each day, furnish to the chief of police, at the chief of police’s office, on such forms as the chief of police may provide therefor, a full, true and correct transcript of the record of all transactions had on the previous day; and if such pawnbroker or secondhand dealer shall have reason or cause to believe that any property in the pawnbroker’s or secondhand dealer’s possession has been previously lost or stolen, the pawnbroker or secondhand dealer shall forthwith report such fact to the chief of police, together with the name of the owner, if known, and the date when, and the name of the person from whom, the same was received by that pawnbroker or secondhand dealer. The daily report provided for in this section may be made by mailing at the close of the business day. Such record and all articles received shall at all times be open to the inspection of the chief of police or any police officer of the City, and no entry made in the record shall be erased or in any manner obliterated.
(Ord. 7187 §3, 2019; Ord. 6694 §14, 2010; Ord. 4286 §5, 1981; Ord. 2381, 1941; Ord. 1508 §8, 1917).
5.60.110 Redemption of pawned goods
No pawnbroker shall sell any property held by that pawnbroker for redemption within ninety days after the period of redemption shall have expired; nor shall any pawnbroker or secondhand dealer, except in the case of a pawnbroker upon redemption thereof by the owner, remove or permit to be removed from the pawnbroker’s or secondhand dealer’s place of business any property received by that pawnbroker or secondhand dealer within seven working days after the receipt thereof shall have been reported to the chief of police, unless the property has, within the time period, been inspected and approved for release by the Police Department. Likewise, for good cause shown, and while any investigation is pending, the Police Department may require the licensee to hold the item for more than the seven-day period but not to exceed thirty days.
(Ord. 7187 §3, 2019; Ord. 6694 §14, 2010; Ord. 4286 §6, 1981; Ord. 2381, 1941; Ord. 1508 §8-C, 1917).
5.60.120 Limitations on receiving property
No pawnbroker or secondhand dealer shall receive any goods, merchandise or property from any person under eighteen years of age, any person under the influence of intoxicating liquor or from any person who has been convicted of larceny, burglary, or receiving stolen goods if the dealer has previously been advised by the Police Department of the conviction.
(Ord. 6694 §14, 2010).
5.60.160 Violations – Misdemeanor – Gross misdemeanor – Civil infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
C. The Director of Finance and Budget may revoke the license of any person, firm, or corporation violating or failing to comply with any of the provisions of this chapter after written notice and an opportunity to be heard.
(Ord. 6694 §14, 2010; Ord. 6081 §15, 2001; Ord. 1508 §11, 1917).