Chapter 5.12
SECOND-HAND DEALERS
Sections:
5.12.020 Business license required.
5.12.050 Property held on the order of the sheriff.
5.12.010 Definitions.
“Proper identification” means driver’s license, birth certificate, an identification card issued by the motor vehicles division, military identification card, or written items which a reasonable person would rely upon in the transaction of business which include address and phone number, or date of birth.
“Second-hand dealer” means a person, for personal gain or as an agent of another including partnerships, associations, and corporations, engaged in conducting, managing or carrying on the business of buying, selling, or otherwise dealing in second-hand or used goods or merchandise. Excluded from this definition are isolated sales not in the regular course of any business and occasional garage sales held at the same location on fewer than four days during any 30-day period. This term does not include retailers of new merchandise who may take in trade an item of used merchandise to credit against the purchase price of a new item, nor does such definition include businesses involving used automobiles, used or rebuilt automobile parts, except for automobile batteries and tires, nor the liquidators of businesses who sell new property in the course of liquidation activity.
“Second-hand goods” include all used personal property not otherwise defined herein including, but not limited to, tools, household furnishings, firearms, recreational equipment, sporting goods, appliances, electrical equipment and office equipment. This term does not include stamps, coins, and investment bullion.
“Sheriff” means the Crook County sheriff, a deputy or duly authorized representative. (Ord. 29 § 1, 1984)
5.12.020 Business license required.
(1) Second-hand dealers as described above shall be required to obtain annually a business license for the operation of a second-hand business. The license shall be issued by the county clerk on a form provided by the sheriff. The clerk shall send a copy of the license to the sheriff. The application shall be signed by, and shall identify and list the names and addresses of, each owner of the business and the address of any premises on which the business maintains its stocks or goods, its office, and the records required by this chapter.
(2) If any interest in the business changes ownership, a report of such change shall be submitted to the sheriff before any further business is transacted, the said report to be in writing and signed by all owners of the business.
(3) It shall be unlawful for any person to own or operate or to have any ownership interest in a business regulated under this chapter, or for any person to work in such a business as an employee, unless there is a valid current license for the business.
(4) It shall be unlawful for anyone knowingly to submit a false application or report, or to falsify any record required under this chapter. (Ord. 29 § 2, 1984)
5.12.030 Records required.
(1) Second-hand dealers at the time of purchasing articles shall complete a form, to be provided by the sheriff’s office, with such data as required by this chapter. The form shall be filled out in clearly legible printing and in English. Any merchandise bearing serial and/or inscribed numbers or letters must have those numbers or letters listed on the form. All jewelry must be listed in detailed description. All other articles may be more generally described.
(2) Property without serial or inscribed letters or numbers must be tagged for identification and that tag number be placed on the form. All property shall be segregated for the required holding period.
(3) Dealer’s copy of all such forms shall be retained in his possession for a period of not less than one year.
(4) These records shall, at all reasonable times, be open to the inspection of the sheriff.
(5) Each second-hand dealer shall, by noon Tuesday of each calendar week, deliver to the sheriff the completed forms of all goods purchased during the prior calendar week. This does not preclude the second-hand dealer from delivering the form daily if he so desires. (Ord. 29 § 3, 1984)
5.12.040 Regulated property.
(1) Property regulated pursuant to this chapter shall be purchased only by the dealer after the seller has presented proper identification and signed the completed form.
(2) After preparation of the transaction records and the tagging of property, the property shall be kept separate from any existing inventory of the dealer for a period of 10 days, during which period the property shall be subject to inspection by the sheriff and shall be retained in the condition as originally purchased by the dealer. If the dealer delivers the records daily to the sheriff then such property need be held by the dealer for only three days.
(3) Notwithstanding the above subsection requiring the 10-day holding period for purchased property, a dealer may apply to the sheriff for release from such requirement and upon a sufficient showing of “good cause,” the sheriff may verbally authorize the dealer to dispose of any item subject to the holding period, conditioned upon said dealer obtaining and recording the identity of a purchaser of any item released from the holding requirements.
(4) Dealers whose business is of a transient nature resulting in the expected duration of a stay within the county not to exceed 10 days shall notify the sheriff, during the first day of operation within the county, of the intent to engage in such business and shall prepare, maintain and make available for inspection by the sheriff such records and property as required herein. The dealer may request of the sheriff authorization to sell such items purchased within Crook County during such period of transient duration, despite the holding period requirement. (Ord. 29 § 4, 1984)
5.12.050 Property held on the order of the sheriff.
(1) Whenever the sheriff, upon reasonable belief that the specified property is the subject of theft, notifies in writing any second-hand dealer not to dispose of any specifically designated property purchased, the property 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 sheriff.
(2) Nothing in this chapter shall preclude the sheriff from seizing property upon the reasonable belief that such property is the subject of theft. (Ord. 29 § 5, 1984)
5.12.060 Penalties.
(1) Violation of this chapter may result in penalties “provided by county ordinance.”
(2) Notwithstanding subsection (1) of this section, the license of a second-hand dealer may be suspended for up to six months or revoked by the county court upon conviction of the violation of any requirements of this chapter. (Ord. 29 § 6, 1984)