Chapter 5.15
ANTIQUE DEALERS, PRECIOUS METAL AND GEM DEALERS, SCRAP METAL DEALERS, AND SECONDHAND DEALERS
Sections:
5.15.070 Articles to be tagged.
5.15.080 Inspection of articles and records.
5.15.010 Short title.
This chapter shall be known and may be cited as the “secondhand dealer ordinance.” (Code 1983 § 65.100.)
5.15.020 Purpose.
The purpose of this chapter is to provide strict regulation of certain business activities that the Council finds present an extraordinary risk of being used as a means of concealing criminal behavior involving the theft of property. This risk is present despite the best efforts of legitimate dealers because of the large volume of goods and materials that are processed in such businesses. Therefore, this chapter is intended to reduce this type of criminal activity by providing more timely police awareness of such business transactions. The Council finds that the regulations provided herein are necessary, and the need for the regulations outweighs any anticompetitive effect that may result from their adoption. (Ord. 911, § A, Oct. 5, 1982. Code 1983 § 65.110.)
5.15.030 Definitions.
As used in this chapter unless the context otherwise requires:
“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 from any person in any one day for more than $50.00 by an antique dealer. As herein defined, “antique” does not include vehicles and components.
“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 licensed business, who appears with such article at the dealer’s place of business, and is required to have a business registration under this chapter.
“Person” means any real person, partnership, association or corporation.
“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 such gems, whether as a separate item or in combination as a piece of jewelry; but excluding the following items when being purchased by a bona fide business for investment purposes:
(a) Gold bullion bars (0.995 fine or better);
(b) Silver bullion bars (0.995 fine or better);
(c) All coins, whether actual currency or commemorative, from all countries.
As used in this section, the term “for investment purposes” means that the business purchases such items and retains them, in the same form as they were purchased, for resale to persons who are purchasing such items primarily as an investment.
“Precious metal and gem dealer” means any person engaged in, conducting, managing or carrying on a business that is required to be registered under this chapter, for the purpose of purchasing precious metals or gems from any person, not representing a bona fide, licensed business, who appears with such article at the dealer’s place of business, and is required to register the business under this chapter.
“Purchase” means to transfer property from a person, not representing a bona fide business, to any dealer regulated by this chapter for any valuable consideration. Purchase does not include a consignment of property for sale.
“Scrap metal” means the following used, worn out, or discarded nonferrous metals: brass, copper, lead, aluminum, titanium, zirconium, tungsten and nickel, and does not include items that contain both ferrous and nonferrous metals.
“Scrap metal dealer” means any person engaged in, conducting, managing or carrying on a business that is required to be registered under this chapter, for the purpose of purchasing scrap metals from any person, not representing a bona fide, licensed business, who appears with such article at the dealer’s place of business, and is required to register the business under this chapter.
“Secondhand dealer” means any person engaged in, conducting, managing or carrying on a business that purchases used: (a) televisions; (b) hi-fis, stereos, radios, tape recorders/players; (c) amplifiers, video recording equipment and accessories; (d) cameras, projectors and accessories; (e) tools; (f) office equipment including typewriters, calculators, recorders, transcribers and computers; (g) guns and equipment; (h) sewing machines; (i) jewelry; (j) clocks and watches; (k) silverware; (l) air conditioners; (m) electronic testing, regulating and repair equipment; (n) citizen’s band and walkie-talkie equipment; (o) microwave ovens; (p) telephones; (q) bicycles; (r) and items of a similar nature, from any person, not representing a bona fide, licensed business, who appears with such article at the dealer’s place of business, and is required to have business registered under this chapter. (Ord. 911, § B, Oct. 5, 1982. Code 1983 § 65.120.)
5.15.040 Registration.
All antique dealers, precious metal and gem dealers, scrap metal dealers and secondhand dealers shall, upon commencing business transactions in the City of Monmouth, register said business with the City on forms to be supplied by the City Recorder. (Ord. 911, § C, Oct. 5, 1982. Code 1983 § 65.130.)
5.15.050 Record forms.
(1) All antique dealers, precious metal and gem dealers, scrap metal dealers, and secondhand dealers shall, at the time of purchasing any article in the business for which he is regulated by this chapter from any person, not representing a bona fide registered or licensed business, who appears with such article at the dealer’s place of business, place the description of the article purchased upon a form which shall be provided by the Police Department. In lieu of the use of forms supplied by the Police Department, the dealer may utilize his own forms if such forms have been approved by the Chief or his designee. The form provided for herein shall be of such size, shape and color and shall require such information relating to the regulations of this chapter, as the Chief or his designee may direct. The description of any article so purchased shall be such description as may be called for by the form. The dealer shall fill in all of the blank spaces on such form with such data as is required by the form and require the person selling any article regulated by this chapter to sign his name on such form; such form shall be filled out in clearly legible printing. Further, property regulated pursuant to this chapter shall only be purchased by the dealer after the seller has presented proper identification. Since the information that is required to be furnished pursuant to this section to aid in the investigation of the theft of property is of a confidential nature and related to the personal privacy of persons doing business with such dealers, as well as certain trade secrets and practices of such dealers, such information shall be considered to be confidential and privileged from disclosure to the maximum extent possible under applicable laws.
(2) The dealer’s copy of all such forms shall be retained for a period of not less than one year.
(3) Every person regulated by the provisions of this section shall mail or deliver to the Chief of Police or his designee, at the close of each business day, all of such forms, or legible copies thereof, describing articles purchased by him during that business day. (Ord. 911, § D, Oct. 5, 1982. Code 1983 § 65.140.)
5.15.060 Property sales.
(1) No property purchased by any antique dealer, precious metal and gem dealer or secondhand dealer, as regulated by this chapter, shall be sold for a space of 10 full days after purchase. Such property shall be maintained in substantially the same form as purchased and shall not be commingled so as to preclude identification during this 10-day holding period. 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 item for the 10-day period, the sale or transfer of such item before the expiration of this period.
(2) No property purchased by any antique dealer, precious metal and gem dealer or secondhand dealer as regulated by this chapter shall be sold for a period of time longer than 10 days whenever the Chief of Police, or his designee, upon reasonable belief that the specific property is the subject of theft, notifies in writing any antique dealer, precious metal and gem dealer, scrap metal dealer or secondhand dealer not to dispose of the property for a period of time, not to exceed 30 days, as determined by the Chief of Police or his designee. (Ord. 911, § E, Oct. 5, 1982. Code 1983 § 65.150.)
5.15.070 Articles to be tagged.
Any antique dealer, precious metal and gem dealer, or secondhand dealer purchasing any article in the business for which he is regulated by this chapter from any person, not representing a bona fide, registered or licensed business, who appears with such article at the dealer’s place of business, shall affix to the article a tag upon which shall be written a number in legible characters, which number shall correspond to the number on the record forms required to be kept by MCC 5.15.050. (Ord. 911, § F, Oct. 5, 1982. Code 1983 § 65.160.)
5.15.080 Inspection of articles and records.
All persons licensed to do business as an antique dealer, precious metal and gem dealer, scrap metal dealer or secondhand dealer, and any person employed by such dealer, shall permit the Chief of Police, or his designee, upon presentation of official identification, entry onto such business premises for the limited purpose of inspecting any articles pursuant to MCC 5.15.060, and/or the records incident thereto, to ensure compliance with the provisions of this chapter. Any such inspection shall only be authorized during normal business hours. (Ord. 911, § G, Oct. 5, 1982. Code 1983 § 65.170.)
5.15.090 Penalties.
Any person who violates the provisions of this chapter shall be subject to a fine of not to exceed $250.00. (Ord. 911, § H, Oct. 5, 1982; amended by Ord. 1046, § 21, Dec. 10, 1991. Code 1983 § 65.180.)