Chapter 5.30
SECONDHAND GOODS, SECONDHAND STORES, AND CONSIGNMENT SHOPS
Sections:
5.30.040 Reporting requirements.
5.30.060 Purchasing regulations.
5.30.010 Definitions.
When used in this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:
“Secondhand goods” shall mean any article, item, or good which was previously used by any person for its manufactured purpose and is to be resold to a customer for its manufactured use. This definition shall include:
(1) All serial numbered items or items which originally had a serial number;
(2) All electronics including but not limited to televisions, video cassette players or recorders (VCRs), stereos and stereo equipment, radios, compact disc or cassette recorders or players, appliances, computers and computer equipment;
(3) All hand tools (non-powered tools) except hand tools over 30 years old;
(4) All gasoline- or electric-powered tools having an engine or motor.
“Secondhand merchant” shall mean a person operating a business which buys or sells secondhand goods. “Secondhand merchant” shall also include a person who operates a business which offers for sale secondhand goods on a consignment basis. [Ord. G-2012-10, passed 6-26-12; Ord. G-99-23, passed 8-31-99; Ord. G-99-12, passed 6-7-99. 1983 Code § 11.131.01.]
5.30.020 Exemption.
This chapter shall not apply to any of the following:
(A) Any transaction involving vehicles, boats, watercraft, motorcycles or other goods licensed by the State of Indiana.
(B) A secondhand precious metal and gem dealer licensed under EMC 5.35.020.
(C) Persons operating a business in the City of Evansville at a location for less than seven days in any calendar year.
(D) Persons licensed as pawnbroker under EMC 5.15.020.
(E) Auctioneers licensed by the State of Indiana.
(F) Not-for-profit organizations.
(G) Salvage companies.
(H) All guns.
(I) Trade-in on the purchase of new equipment. [Ord. G-99-23, passed 8-31-99; Ord. G-99-12, passed 6-7-99. 1983 Code § 11.131.02.]
5.30.030 License required.
No person shall engage in the business of buying or selling secondhand goods without obtaining a license therefor as provided herein. A separate license shall be required for each location and separate business. [Ord. G-99-23, passed 8-31-99; Ord. G-99-12, passed 6-7-99. 1983 Code § 11.131.03.]
5.30.040 Reporting requirements.
A person engaged in the business of buying and selling secondhand goods shall report to the Evansville Police Department, by noon of the next business day, the following information:
(A) Name, address, date of birth, race, sex, and driver’s license or State identification number of the person from whom the item is purchased;
(B) Date and time of the transaction;
(C) A description of the item including brand name, model number, serial number, and engravings or markings;
(D) A separate report shall be made fully describing each item purchased by make, model, and serial number.
The information required above shall be furnished in a digital format provided by the Evansville Police Department. The items must be held in their original condition for at least 10 business days from the reporting date prior to offering the items for sale or altering the item. [Ord. G-2012-10, passed 6-26-12; Ord. G-99-23, passed 8-31-99; Ord. G-99-12, passed 6-7-99. 1983 Code § 11.131.04.]
5.30.050 License fee.
(A) The fee for the license herein is $25.00 per year if the business agrees to e-mail the digital reports required herein or file the reports electronically in a format agreeable to the Evansville Police Department.
(B) The fee for a license herein is $300.00 per year if the licensee does not electronically file the reports herein. [Ord. G-2012-10, passed 6-26-12; Ord. G-99-23, passed 8-31-99; Ord. G-99-12, passed 6-7-99. 1983 Code § 11.131.05.]
5.30.060 Purchasing regulations.
(A) A secondhand merchant shall not buy goods from a minor (person under 18 years of age) without the written consent of a parent or guardian.
(B) A clear photograph or photocopy of driver’s license shall be maintained at place of business.
(C) The secondhand merchant shall at the time of making the purchase require the signature and right thumbprint of the seller on the purchase card maintained by the licensee. If the seller does not have a right thumb, any other existing finger may be used. However, a clear print must be obtained. A secondhand merchant shall maintain the records required in this chapter for a period of one year. [Ord. G-2012-10, passed 6-26-12; Ord. G-99-23, passed 8-31-99; Ord. G-99-12, passed 6-7-99. 1983 Code § 11.131.06.]
5.30.070 Fines and penalties.
Any person who violates this chapter shall be subject to the following fines:
(A) Operating as a Secondhand Merchant without a License.
|
First offense |
$200.00 |
|
Second offense within any 12-month period |
$500.00 |
|
Third offense, or thereafter, within any 12-month period |
$1,000 |
(B) Failure to Provide Complete Reports in a Timely Manner.
|
First offense |
$50.00 |
|
Second offense within any 12-month period |
$100.00 |
|
Third offense, or thereafter, within any 12-month period |
$250.00 |
(C) In addition to the fines above, the Board of Public Safety may refuse to license, suspend a license, or revoke a license, following a hearing, to any business that violates the requirements of this chapter. All licenses issued shall be following approval by the Board of Public Safety. [Ord. G-2012-10, passed 6-26-12; Ord. G-99-23, passed 8-31-99; Ord. G-99-12, passed 6-7-99. 1983 Code § 11.131.07.]