Chapter 5.60
SECONDHAND DEALERS
Sections:
5.60.020 Secondhand dealer and secondhand goods defined.
5.60.040 Application for a license.
5.60.070 More than one shop – Change of location.
5.60.100 Transcript to be furnished.
5.60.110 Records and articles to be available for inspection.
5.60.120 Seller to give true name and address.
5.60.130 No sale within 10 days.
5.60.140 Certain transactions prohibited.
5.60.150 Violation a misdemeanor.
5.60.170 Additional enforcement.
5.60.010 License required.
It is unlawful for any person, firm or corporation to engage in the business of buying, selling, or trading in secondhand goods in the City without first obtaining a “secondhand dealer’s license” pursuant to the provisions of this chapter. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.010).]
5.60.020 Secondhand dealer and secondhand goods defined.
A. The term “secondhand dealer,” as used in this chapter, means and includes every person who as a business engages in the purchase, sale, trade, barter, auction, sale on consignment, or otherwise exchanges secondhand goods, or who keeps a store, shop, room or other place where secondhand goods of any kind or description are bought, sold, traded, bartered, pledged, pawned, auctioned, sold on consignment, or otherwise exchanged, including dealers in used or remanufactured automobile tires or parts; provided, however, that this term shall not apply to those persons engaged in the business of selling used or secondhand motor vehicles or boats.
B. The term “secondhand goods” when used in this chapter means and includes any and all used, remanufactured, or secondhand goods purchased or kept for sale by a dealer in secondhand goods; provided, however, such term shall not be construed to include junk or used or secondhand motor vehicles or boats. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.020).]
5.60.030 License fee.
Repealed by Ord. 15-0402. [Ord. 02-0139 § 1; Ord. 98-0017 §§ 1, 2 (KCC 6.60.030).]
5.60.040 Application for a license.
All applications for issuance or renewal of secondhand dealer’s license shall be made to and be filed with the city manager on forms furnished for such purpose. This 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 manager deems appropriate. The application shall then be referred to the city police department for investigation, report, and recommendation. If, from the reports and other information available, the department deems the applicant to be a fit and proper person, the city manager shall issue or renew the license. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.040).]
5.60.050 Renewal of license, registration or permit – Late penalty.
Repealed by Ord. 15-0402. [Ord. 98-0017 §§ 1, 2 (KCC 6.60.050).]
5.60.060 Personal property tax return.
Repealed by Ord. 15-0402. [Ord. 98-0017 §§ 1, 2 (KCC 6.60.060).]
5.60.070 More than one shop – Change of location.
Any 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 manager, and the change of address shall be noted on the license, together with the date on which the change was made. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.070).]
5.60.080 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:
A. The date of the transaction;
B. The name of the person conducting the transaction and making the entries required herein;
C. The printed name, signature, age, and address of the person with whom the transaction is had;
D. The address of the place from which the property was last removed;
E. An accurate description of the property bought, which shall include the name of the maker of such property or manufacturer thereof and the serial number, if the article has such marks on it, or any other inscriptive or identifying marks; provided, that when the article received is furniture or the contents of any house or room, actually inspected on the premises where the sale is made, the general description of the property shall be sufficient; and
F. An itemized statement of the price or amount paid for the property purchased. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.080).]
5.60.090 Compliance required.
It is unlawful for any secondhand dealer, or any clerk, agent, or employee of such secondhand dealer, to fail, neglect, or refuse to make any material entry in this record, as required by this chapter, or to make any 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. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.090).]
5.60.100 Transcript to be furnished.
A. Every secondhand dealer shall deliver to the city 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.
B. Any secondhand dealer having good cause to believe any property in the dealer’s possession has been previously lost or stolen shall report such act to the city 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. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.100).]
5.60.110 Records and articles to be available for inspection.
All books and other records of any secondhand dealer relating to purchase or receipt of any goods, wares, merchandise, or other things of value shall at all times be open for inspection by the city police department, and all articles or things received or purchased shall at all times be open to a like inspection. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.110).]
5.60.120 Seller to give true name and address.
Anyone who sells or otherwise leaves any property with a secondhand dealer shall sign the records required to be kept by such dealer with his true name and shall include his correct residence address. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.120).]
5.60.130 No sale within 10 days.
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 city police department as provided herein, except when the goods have been inspected by regular members of the city 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 be held for three days prior to sale. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.130).]
5.60.140 Certain transactions prohibited.
A. It is unlawful for any secondhand dealer, his clerk or employee to purchase or receive any article or thing known by him to be stolen, any article or thing from a person who is under 18 years of age, intoxicated, addicted to the use of drugs, or from any person who is known to be a thief, or a receiver of stolen property, or from any person who he has reason to suspect or believe to be such.
B. It is unlawful for any secondhand dealer, his clerk or employee to refuse to return property which has been identified as stolen or sold without authorization to any person the secondhand dealer, his clerk or employee knows to be the rightful owner, or to charge a fee for the return of such property to the rightful owner.
1. “Identified as stolen or sold without authorization” shall mean any property which has been reported by the rightful owner to legitimate authority as missing or stolen.
2. “The rightful owner,” unless otherwise proven, shall be considered to be the person having possession of the property prior to the theft or removal without authorization. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.140).]
5.60.150 Violation a misdemeanor.
Any violation of the provisions of this chapter shall constitute a misdemeanor. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.150).]
5.60.160 Civil penalty.
In addition to or as an alternative to any other penalty provided herein or by law, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation to be directly assessed by the city manager. The city manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator, the gravity of the violation, the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this title. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.160).]
5.60.170 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the city manager 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 herein adopted. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.60.170).]