CHAPTER 20
SECONDHAND DEALERS
SECTION:
6-20-2: Required To Keep Records
6-20-3: Time Limit; Holding Item Required
6-20-6: Records To Be Open For Inspection
6-20-7: Precious Metals Transactions
6-20-1 DEFINITIONS:
HIGH THEFT RISK: Secondhand or used items which are in a high theft risk category shall include, but shall not be limited to: firearms, small appliances, stereo components, tape decks, CB radios, portable radios, electronic video components, televisions and bicycles which are identifiable by serial number, make, model, marks or characteristics.
SECONDHAND DEALER: Any business that, within the City, shall engage in the purchase, sale, trade, barter or exchange of those secondhand or used items which are in a high theft risk category; provided, however, that a duly franchised large appliance dealer, furniture dealer, auto parts and accessory dealer, service station, auction, wrecking yard and junk dealer, shall not be considered to be a secondhand dealer for the purpose of this Section as long as such business holds a valid license for such designated activity in compliance with the laws of the City of Renton, and maintains records of transactions involving secondhand or used items which are in a high theft risk category in substantial compliance with the requirements of this Section. Furthermore, any business, firm, corporation, partnership or association, otherwise duly licensed in the City as a business, that only occasionally and not as part of its regular business activities, accepts “trade-ins” upon purchase of new goods or merchandise, shall not be required to comply with the terms of this Chapter as long as such secondhand dealer has reasonable grounds to believe that such “trade-ins” is the lawfully acquired or owned property of the person offering same.
6-20-2 REQUIRED TO KEEP RECORDS:
A. It shall be the duty of every secondhand dealer to maintain, at his place of business, a bound book in which shall be legibly written in ink, in the English language, at the time of such exchange, purchase or sale, a record thereof containing the following, among others:
1. The date of the transaction.
2. The name of the business or employee conducting the same.
3. The name, date of birth, correct current address and the general description of the person with whom the transaction is made. The description shall include the sex, race, height and weight of such person.
4. The name and street and house number of the owner of the property bought or exchanged.
5. The description of the property bought, exchanged or traded, including all serial numbers and identifying markings, which, in the case of watches, shall contain the name of the maker and the number of both the works and the case, and in the case of jewelry shall contain the description of all letters and marks inscribed thereon.
6. The price paid for each item purchased or exchanged.
B. It shall be unlawful for any secondhand dealer, his agent, employee or representative of such secondhand dealer to fail, neglect or refuse to make entry of any material matter in this record, as required by this Section, or to make any false entry therein, or to obliterate, destroy or remove from his place of business any such record.
C. Anyone who sells, consigns or exchanges any property to or with a secondhand dealer as hereinabove defined, shall sign the record required to be kept by such dealer with his true name and shall include his correct current residence address; every secondhand dealer, his agent, employee or representative, shall require identification of such person in each instance. Such identification shall include the name of the person, birth date, sex, race and current address of the person who sells, consigns or exchanges the property. The signature shall be verified for correctness and legibility by such secondhand dealer, his agent, employee or representative. (Ord. 3780, 12-19-83)
6-20-3 TIME LIMIT; HOLDING ITEM REQUIRED:
A. It shall be unlawful for any secondhand dealer, his agent, employee or representative, to remove any goods, articles or things purchased by him or left with him from his store or place of business until the expiration of ten (10) days after the same was purchased or received unless said goods, articles or things have, within said time period, been inspected and approved for release by the Police Department. Likewise, for good cause shown, and while any investigation is pending, the Police Department may require the secondhand dealer to hold said item for more than said ten (10) day period but not to exceed thirty (30) days. This subsection shall not apply to those transactions between secondhand dealers licensed pursuant to this Section, and in which the selling secondhand dealer has held the item for thirty (30) days, or more.
B. It shall be unlawful for any secondhand dealer, his agent, employee or representative to purchase or exchange any article or thing from any person under eighteen (18) years of age, or from any person who is at the time intoxicated, or from any habitual drunkard or from any person addicted to the use of narcotic drugs, or from any person who is known to be a thief, or a receiver of stolen goods, or from any person whom he has reason to suspect to believe to be such. Notification by the Police Department unto such secondhand dealer, his agent, employee or representative, that a person has been convicted of burglary, larceny or receiving stolen goods, shall constitute sufficient notice of such convictions under the provision of this Section and shall be prima facie evidence that the secondhand dealer, his agent, employee or representative, has due notice thereof. (Ord. 3780, 12-19-83)
6-20-4 RESTRICTIONS:
It shall be unlawful for any secondhand dealer, his agent, employee or representative to conduct any transaction involving a high theft risk item with any person under eighteen (18) years of age, or from any person who is at the time intoxicated, or from any habitual drunkard, or from any person addicted to the use of narcotic drugs, or from any person who is known to be a thief, or a receiver of stolen goods, or from any person whom he has reason to suspect or believe to be such. Notification by the Police Department unto such secondhand dealer, his agent, employee or representative, that a person has been convicted of burglary, larceny or receiving stolen goods, shall constitute sufficient notice of such conviction under the provision of this Section, and shall be prima facie evidence that the licensee, his agent, employee or representative has due notice thereof. (Ord. 3780, 12-19-83)
6-20-5 DAILY TRANSCRIPT:
A. It shall be the duty of every secondhand dealer to report to the Chief of Police, or his duly authorized representative, prior to twelve o’clock (12:00) noon of every business day, on forms furnished by the City, a full, true and correct transcript of the record of all transactions had on the preceding business day. It shall further be the duty of such secondhand dealer, having good cause to believe that any property in his possession has previously been lost or stolen, to promptly report such facts, together with all pertinent evidence, to the Police Department, together with the name of the owner, if known, and the date received and name of the person from whom the same was received by such secondhand dealer.
B. Every secondhand dealer, his agent, employee or representative who shall fail, neglect or refuse to make such report, or who shall falsely report any material matter to the Police Department shall be guilty of a violation of this Section. (Ord. 3780, 12-19-83)
6-20-6 RECORDS TO BE OPEN FOR INSPECTION:
All books, writings and other records of any secondhand dealer pertaining to the purchase, exchange, barter, sale or receipt of any goods, wares, merchandise or other articles or things of value, shall at all reasonable times be open for inspection by the Chief of Police, or his duly authorized representative, which inspection shall include all storage areas and all articles or things received, purchased or exchanged and stored with said secondhand dealer. (Ord. 3780, 12-19-83)
6-20-7 PRECIOUS METALS TRANSACTIONS:
Engrossed Substitute House Bill 1716 of the 2011 Regular Session Laws (chapter 289) relating to the regulation of secondhand dealers, amending and adding new sections to Chapter 19.60 RCW, is adopted by this reference as now or hereafter amended as if fully set forth herein. (Ord. 5636, 11-14-11)
6-20-8 PENALTY:
Any firm, person, or corporation violating any provisions of this Chapter shall, upon conviction, be guilty of a misdemeanor. Except, any firm, person, or corporation violating RMC 6-20-7, Precious Metals Transactions, shall, upon conviction, be guilty of a gross misdemeanor. (Ord. 4462, 7-25-94, eff. retroactive to 7-1-94; Ord. 5636, 11-14-11)