Chapter 5.64
SECONDHAND DEALERS1
Sections:
5.64.010 Secondhand dealer defined.
5.64.030 License required—Application—Fee.
5.64.040 Term—Revocation—Hearing.
5.64.070 Property to be kept thirty days.
5.64.080 Purchases from certain persons prohibited.
5.64.100 Violation and penalty.
1. Statutory authority—See RCW Chapters 19.60 and 48.80.
5.64.010 Secondhand dealer defined.
Every person engaged in the business of buying or selling tangible items of used personal property, and who is not a pawnbroker or junk dealer licensed by the city, is a secondhand dealer for the purposes of this chapter. Any person who conducts a sale of tangible items of used personal property accumulated or acquired from others for the purpose of the sale, regardless of the location of the sale, more frequently than two times in any twelve-month period is a secondhand dealer engaged in business for the purposes of this chapter; and any person who conducts such a sale for more than four consecutive days’ duration shall be deemed to be a secondhand dealer engaged in business for the purposes of this chapter. (Ord. 1470 § 1, 1972: Ord. A-620 § 1, 1921).
5.64.020 Junk handling.
Any secondhand dealer as hereinabove defined may handle such junk as defined by Section 5.42.010 as may be acquired as an incident to the conduct of said business without first having obtained a junk dealer’s license under Chapter 5.42, or any amendment thereof. (Ord. 93-56 § 3, 1993: Ord. A-620 § 2, 1921).
5.64.030 License required—Application—Fee.
No person shall engage in the business of a secondhand dealer in the city of Yakima without first procuring a license therefor, and in order to procure a license he or she shall present to the city an application which shall contain the name of the applicant, the place where he or she proposes to conduct business, the name under which the same shall be conducted; if a copartnership, the names of the members of the firm; if a corporation, the names of its officers; and in addition thereto shall supply the city with such other and further information as may be required to administer the provisions of this chapter. If such application is approved, the city shall issue a license to the applicant upon his or her paying a license fee set forth in the city of Yakima master fee schedule adopted via resolution by the city council. Said license shall not be assignable or transferable. The license and fee required under this chapter are separate from and in addition to the business license required under Chapter 5.52 YMC, which may also be required when applicable. (Ord. 2022-040 § 21, 2022; Ord. 2020-006 § 28, 2020: Ord. 3143 § 13, 1988: Ord. 3002 § 13, 1987; Ord. 2926 § 14, 1985: Ord. 2838 § 14, 1985: Ord. 2736 § 14, 1983: Ord. 1880 §20, 1975: Ord. 1470 § 2, 1972: Ord. 1195 § 27, 1969: Ord. A-620 § 3, 1921).
5.64.040 Term—Revocation—Hearing.
(A) Term. Licenses issued pursuant to this chapter shall be issued for a period of one year.
(B) Any such license may be revoked by the city manager on any of the following grounds:
(1) The failure of licensee to comply with any requirement of this chapter;
(2) The conviction of licensee of the crime of larceny; or
(3) The conviction of licensee of the crime of receiving or being in possession of stolen property.
(C) Hearing. A hearing shall be conducted by the city manager before any such license may be revoked. Not less than five days prior to the hearing, the city manager shall give written notice to licensee of the time and place of such hearing, which notice shall include a statement of the purpose of hearing and shall notify the licensee of his right to be present and be heard at such hearing. After the hearing is held, the city manager shall determine whether grounds exist for revocation of the license, as specified in this section. The city manager shall notify the licensee, in writing, of the city manager’s findings and decision. In the event a license is to be revoked as a result of such hearing, the notice to licensee shall specify the effective date of such revocation. (Ord. 2022-040 § 21, 2022; Ord. 1470 § 3, 1972: Ord. A-620 § 4, 1921).
5.64.050 Register.
Every secondhand dealer doing business in the city of Yakima shall at all times keep and maintain in his place of business a book or other permanent record, in which shall be legibly written in the English language, at the time of each purchase, a record thereof containing:
1. The signature of the person with whom the transaction is made;
2. The date of the transaction;
3. The name of the person or employee conducting the same;
4. The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made;
5. The street and house number of the place from which the property purchased was last removed;
6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a driver’s license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified, and a full copy of the front of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required;
7. A description of the property purchased, which in the case of watches, clocks, bicycles, motorcycles, automobiles, or any other kind or character of property having a number or numbers, shall contain the name of the maker, and the number of both the works, case, engine or motor number, or such other number or numbers as may serve to identify it, together with a description of all letters and marks inscribed thereon whereby the same may be identified; provided, that when the article purchased is furniture or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient; provided, further, that where any of such articles bear numbers, letters or other marks of identification, not more than two of the most prominent thereof need be given; and provided, further, that marks on articles of less value than twenty-five cents need in no event be given;
8. The price paid;
9. The number of any contract received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business be open to the inspection of the chief of police or any other police officer of the city of Yakima. (Ord. 2015-012 § 4, 2015: Ord. A-620 § 5, 1921).
5.64.060 Daily report.
Every secondhand dealer doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day report, in the manner prescribed by the chief of police, a full, true and correct transcript of the records of all purchases made and the transactions had on the preceding day, and if he has good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person, if known, the time when purchased, and the name of the person from whom the same was received by him. (Ord. 2015-012 § 5, 2015: Ord. 2014-019 § 1, 2014: Ord. A-620 § 6, 1921).
5.64.070 Property to be kept thirty days.
(1) Property brought or received on consignment by any secondhand dealer with a permanent place of business in the state shall not be removed from that place of business except consigned property returned to the owner, within thirty days after the receipt of the property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the state or any of its political subdivisions.
(2) Property bought or received on consignment by any secondhand dealer without a permanent place of business in the state, shall be held within the city except consigned property returned to the owner, within thirty days after receipt of the property. The property shall be available within the city for inspection at reasonable times by any commissioned law enforcement officer of the state or any of its political subdivisions. (Ord. 93-56 § 2, 1993: Ord. A-620 § 7, 1921).
5.64.080 Purchases from certain persons prohibited.
No secondhand dealer shall receive any property from any person under the age of eighteen years, any person known to the dealer as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past ten years, or any person in an intoxicated condition. (Ord. 2015-012 § 6, 2015: Ord. A-620 § 8, 1921).
5.64.100 Violation and penalty.
1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor.
2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. (Ord. 2015-012 § 7, 2015).