Chapter 5.20
SECONDHAND WATCHES
Sections:
5.20.020 Tags required – Requirements.
5.20.030 Invoices required – Duplicate filing.
5.20.040 Advertising requirements.
5.20.010 Definitions.
For the purposes of this chapter, the following words shall have the meanings set forth in this section:
A. “Consumer” means an individual, firm, partnership, association or corporation who buys for own use, or for the use of another but not for resale.
B. “Person” means a person, firm, partnership, association or corporation.
C. “Secondhand watch” means:
1. A watch which, as a whole, the case thereof or the movement thereof has been sold to a consumer; provided, however, that a watch which has been so sold, and is thereafter returned, either through an exchange or for credit, to the same person who sold such watch to the consumer, shall not be deemed to be a secondhand watch for the purpose of this section as well as CMC 5.20.020 through 5.20.050, if such person keeps a written or printed record setting forth the name and address of the consumer, the date of the sale to the consumer, the name of the watch or its maker, and the serial numbers, if any, on the case and the movement of the watch, or other distinguishing numbers or identification marks, the aforesaid record to be kept for at least three years from the date of the sale of the watch and to be open for inspection during all business hours by the prosecuting attorney, or his representative, of the county in which such person is engaged in business;
2. Any watch whose case or movement, serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered. (Ord. 818 NS § 11, 1980).
5.20.020 Tags required – Requirements.
A. Any person, or agent or employee thereof, who sells a secondhand watch shall affix and keep affixed to the same a tag with the word secondhand legibly written or printed thereon in the English language.
B. For the purposes of this section, “sell” includes offer to sell or exchange, expose for sale or exchange, possess with intent to sell or exchange, and sell or exchange. (Ord. 818 NS § 12, 1980).
5.20.030 Invoices required – Duplicate filing.
A. Any person, or agent or employee thereof, who sells a secondhand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers, if any, or other distinguishing numbers or identification marks on its case and movement. In the event the serial numbers, or other distinguishing numbers or identification marks have been erased, defaced, removed, altered, or covered, this shall be set forth in the invoice.
B. A duplicate of the invoice shall be kept on file by the vendor of such secondhand watch for at least one year from the date of the sale thereof and shall be open to inspection during all business hours by the prosecuting attorney or his representative of the county in which the vendor is engaged in business. (Ord. 818 NS § 13, 1980).
5.20.040 Advertising requirements.
Any person advertising in any manner secondhand watches for sale shall state clearly in such advertising that the watches so advertised are secondhand watches. (Ord. 818 NS § 14, 1980).
5.20.050 Violation – Penalty.
Any violation of this chapter shall constitute a misdemeanor and shall be punishable by a fine of not less than $100.00 and not more than $500.00 or not less than 10 days and not more than 100 days in jail, or both. (Ord. 818 NS § 15, 1980).