Chapter 5.16
SECONDHAND DEALERS1
Sections
5.16.010 Secondhand dealer defined.
5.16.040 License – Application.
5.16.050 Renewal of license, registration, or permit – Delinquency penalty.
5.16.060 Personal property tax return.
5.16.070 More than one shop – Change of location.
5.16.090 Records – Compliance required.
5.16.110 Property holding period.
5.16.120 Certain transactions prohibited.
5.16.140 Additional enforcement.
5.16.010 Secondhand dealer defined.
“Secondhand dealer,” as used in this chapter, is applicable to a person:
(1) Having a pawnbroker’s license issued by the city and engaging in whole or in part in the purchase, sale, trade, barter, auction, consignment, or exchange of secondhand goods; or
(2) Engaging in any business in the city, and in connection with that business engaging in the purchase, sale, trade, barter, auction, consignment, or exchange of secondhand goods of the following description:
(a) Coins;
(b) Currency;
(c) Personal property containing in whole or in part precious metal (including, but not limited to, gold, silver, and platinum);
(d) Precious or semiprecious stones;
(e) Firearms;
(f) Electronics equipment (including, but not limited to, TV sets, stereo and speaker equipment, tape recorders, and receivers and transmitters);
(g) Postage stamps;
(h) Small appliances; and
(i) Power and hand tools. [Ord. 524 § 2, 1981: Ord. 371 § 2, 1975.]
5.16.020 License – Required.
It is unlawful for a person to engage in the business of secondhand dealer or for a person having a pawnbroker’s license issued by the city to conduct any business in the city, without first obtaining a secondhand dealer’s license as provided in this chapter. [Ord. 993 § 8, 1992: Ord. 524 § 1, 1981: Ord. 371 § 1, 1975.]
5.16.030 License – Fee.
The fee for such license shall be set by administrative order of the city manager, payable on December 31st preceding the year for which the license is issued. Fees becoming due for less than one year shall be prorated on a semiannual basis. [Ord. 454 § 1(D), 1979: Ord. 371 § 3, 1975.]
5.16.040 License – Application.
All applications for issuance or renewal of secondhand dealer’s license shall be made to and be filed with the city clerk on forms furnished for such purpose. The application shall state the true name of the applicant, who shall not be less than 18 years of age, the names of all persons having a financial, proprietary, or other interest in such secondhand dealer’s shop, together with such other information as the city clerk deems appropriate. The application shall then be referred to the police department for investigation, report, and recommendation. If, from the reports and other information available, the city clerk deems the applicant to be a fit and proper person, the city clerk shall issue or renew the license applied for. [Ord. 371 § 4, 1975.]
5.16.050 Renewal of license, registration, or permit – Delinquency penalty.
A late penalty set by administrative order of the city manager shall be charged on all applications for renewal of a license, registration, or permit received later than 10 working days after the expiration of such license. [Ord. 454 § 1(E), 1979: Ord. 371 § 5, 1975.]
5.16.060 Personal property tax return.
No renewal license shall be issued to a secondhand dealer until the applicant shows that he has made a return to the county assessor of the property in his possession or ownership and the value thereof for tax assessment purposes and has paid the tax due. [Ord. 371 § 6, 1975.]
5.16.070 More than one shop – Change of location.
A person having more than one place of business where secondhand goods are bought, sold, traded, bartered, or exchanged shall be required to procure a separate license for each and every such place of business. A secondhand dealer’s license shall not be transferable from one person to another, but the licensee may have his license transferred to a new location by the city clerk, and the change of address shall be noted on the license, together with the date on which the change was made. [Ord. 371 § 7, 1975.]
5.16.080 Records – Required.
Every secondhand dealer shall maintain at his place of business a book in which he shall at the time of purchase of any secondhand goods enter, in the English language, written in ink, the following information:
(1) The date of the transaction;
(2) The name of the person conducting the transaction and making entries required in this chapter;
(3) The printed name, signature, age and address of the person with whom the transaction is had;
(4) The address of the place from which the property was last removed;
(5) An accurate description of the property bought, which shall include the name of the maker of such property or the manufacturer thereof and the serial number, if the article has such marks on it, or other inscriptive or identifying marks; provided, that when the article received is furniture or the contents of a house or room, actually inspected on the premises where the sale is made, the general description of the property shall be sufficient; and
(6) An itemized statement of the price or amount paid for the property purchased. [Ord. 371 § 8, 1975.]
5.16.090 Records – Compliance required.
It is unlawful for a secondhand dealer, or a clerk, agent, or employee of such secondhand dealer, to fail, neglect, or refuse to make a material entry in this record, as required by this chapter, or to make a false entry therein, or to obliterate, destroy, or remove from his place of business such record within five years from the date of the transaction. [Ord. 371 § 9, 1975.]
5.16.100 Reports to police.
(1) Transcript Required. It is the duty of every secondhand dealer to deliver to the police department at the close of every business week a full, true, and correct transcript of the record of all transactions occurring during the preceding week. Secondhand goods taken on consignment or trade-in will be recorded in the same manner as goods purchased outright.
(2) Duty to Report. It is also the duty of a secondhand dealer, having good cause to believe property in his possession has been previously lost or stolen, to report such act to the police department immediately, together with the name of the owner, if known, and the date and name of the person from whom the same was received by such secondhand dealer. [Ord. 371 § 10, 1975.]
5.16.110 Property holding period.
No dealer in secondhand goods shall sell or dispose of any article received or purchased by him, or permit the same to be removed from his place of business, within 10 days after the receipt of such goods has been reported to the chief of police as provided in this chapter, except when the goods have been inspected by regular members of the police department and they have authorized the secondhand dealer to dispose of such goods within a lesser period of time; provided, that consigned property sold at auction need only to be held for three days prior to sale. [Ord. 371 § 11, 1975.]
5.16.120 Certain transactions prohibited.
It is unlawful for a secondhand dealer, his clerk, or employee to purchase or receive an article or thing known by him to be stolen, or an article or thing from a person who is under 18 years of age. [Ord. 371 § 12, 1975.]
5.16.130 Violation – Penalty.
(1) No person shall violate or fail to comply with this chapter.
(2) A violation of or failure to comply with this section is a class 1 civil infraction. [Ord. 1009 § 36, 1993: Ord. 371 § 13, 1975.]
5.16.140 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the city may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations adopted in this code. [Ord. 371 § 14, 1975.]
Prior legislation: Ord. 149 (vehicles for hire), repealed by Ord. 302.