Anderson Municipal Code Ch. 5.64 Junk Dealers

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Itinerant junk dealer" means any person who goes about from house to house or place to place gathering, receiving, collecting, buying or otherwise acquiring, selling or otherwise disposing of, or otherwise dealing in, secondhand articles, goods, wares or merchandise of any type or description.

B. "Junk dealer" means any person who carries on, conducts, maintains or engages in the business of buying or otherwise acquiring, or selling or otherwise disposing of, or otherwise dealing in, secondhand articles, goods, wares or merchandise of any type or description.

C. "Sheriff" means the sheriff of the county or such law enforcement officer designated by the city council as the officer responsible for law enforcement within the city.

(Prior code § 11.1)

It is unlawful for any person to act as a junk dealer or as an itinerant junk dealer within the city without first making an application for and receiving from the city council a license therefor.

(Prior code § 11.2)

Every person who is engaged in carrying on the business of a junk dealer, with or without a fixed place of business in the city, shall pay an annual business license fee of one hundred dollars and application for such license shall be made in accordance with the provisions of this section and other ordinances of the city applicable thereto.

(Ord. 305 § 1 (part), 1974: prior code § 12.41)

It is unlawful for any person acting as a junk dealer to also act as an itinerant junk dealer without obtaining a license to act as an itinerant junk dealer; provided, however, that a person acting as a junk dealer may use motor or other vehicles if incidental to his business as a junk dealer without having to obtain a license to act as an itinerant junk dealer.

(Prior code § 11.3)

Any person desiring any of the licenses referred to in Section 5.64.040 shall make application to the city council upon blanks furnished therefor. If the application is made by an individual, he shall make oath that the contents of the application are true, and the contents of the application shall include the name and age of the applicant, his present address or addresses, and the name under which the applicant has conducted a similar business within the twelve months immediately preceding the date of such application. If the application for a license is made by the general manager thereof, or by one having the authority of a general manager, the application shall state the true names of the organization, the date of its organization, its type, the location of its principal place of business, and the names and addresses of its officers, or, in the case of a copartnership, the names and addresses of all the partners.

(Prior code § 11.4)

The applicant, at the request of the sheriff, shall accompany such application with photographs and fingerprints of all the individuals who are to be actually engaged in the buying or otherwise acquiring secondhand goods, wares and merchandise from the business for which the license is requested. In the event any other person, after the license has been granted, is engaged in the management, buying or otherwise acquiring such goods, wares and merchandise, the licensee shall furnish to the sheriff on request the photograph and fingerprints of such person. No license shall be issued until such demand has been complied with, and any license which has been issued shall be suspended or revoked if the licensee does not, within a reasonable time, comply with the provisions of this section.

(Prior code § 11.5)

The license applied for shall not be issued to the applicant until the sheriff, after investigation, files a report upon such application designating whether or not the applicant is a proper person to be granted the license applied for. The sheriff shall be allowed sixty days from the date of the application, if he desires, within which to file such report.

(Prior code § 11.6)

No license issued under the provisions of this chapter shall be transferable, and it is unlawful for any person to operate or conduct any business before obtaining a license as provided in Section 5.64.020.

(Prior code § 11.7)

Upon the expiration of any license issued under the provisions of this chapter, the holder thereof shall be entitled to a new license for the ensuing year without making an application for a new license, provided the sheriff has endorsed upon the old license his approval of this issuance of a new one for the ensuing year.

(Prior code § 11.8)

The city council may suspend for a limited period or it may revoke a license issued pursuant to the terms and provisions of this chapter upon receiving legal evidence that the person holding such license has been convicted of any violation of this chapter or of any other provision of this code or law of the city or state relating to any business for which a license is required by this chapter or has conducted his business in an unlawful manner.

(Prior code § 11.9)

Whenever a license is suspended under the terms and provisions of this chapter, an application may be made for reinstatement of the license after, but not before, the expiration of a period of thirty days from the date of the suspension. Whenever a license is revoked under the provisions of this chapter, an application may be made for a license provided for by this chapter after, but not before, the expiration of a period of ninety days from and after the date of the revocation.

(Prior code § 11.10)

Every person acting as a junk dealer shall mail or deliver daily to the sheriff, on the original of blank forms that will be obtainable from the sheriff for such purposes, a full, true and complete report, written or printed in the English language in a clear and legible manner, of all secondhand articles, goods, wares and merchandise purchased or otherwise acquired upon any terms or conditions or for any purpose whatever during the day preceding the mailing or delivering of such report and shall show with respect to each item the following particulars:

A. A complete description of the same, including the manufacturer's trade name or brand, if any, its size and color, and, if the item has engraved thereon any number, word or initial, or contains any setting of any kind, the description shall include such number, word or initial and the kind of settings, if any, and the number thereof;

B. The cost of each item or, if the item is acquired on an exchange, a brief description of the item exchanged for it;

C. The true name and address, as nearly as the same is known to or can be ascertained by such licensee and, if possible, the personal signature of the person from whom such article was received or purchased or otherwise acquired, together with a full and complete description of such person, such as height, weight, color of eyes, color of hair, dress and occupation.

(Prior code § 11.11)

Each person required to make the report required by Section 5.64.120 shall retain the duplicate copy thereof as a permanent record at his place of business, if such person has a place of business, otherwise at the residence of such person. The triplicate copies shall be open for inspection at all times during business to any enforcement officer, his agent, deputy or investigator.

(Prior code § 11.12)

Each such junk dealer or itinerant junk dealer shall also keep a permanent record showing the following particulars relative to the disposition of all secondhand articles, goods, wares and merchandise disposed of by such person:

A. Date of disposition;

B. Place of disposition; and

C. Name and address of the person buying or otherwise acquiring it; which record shall be open for inspection at all times during business hours to any law enforcement officer or his regularly paid deputies.

(Prior code § 11.13)

It is unlawful for any person to transport out of the city any property covered by this chapter without first having the same inspected and released by the sheriff.

(Prior code § 11.14)

The sheriff shall file all reports delivered to him pursuant to the provisions of this chapter in a secure place in his office, and they shall be open for inspection to any law enforcement officer, his agent, deputy or investigator.

(Prior code § 11.15)

It is unlawful for a person to use a fictitious name or incorrect address in any report made pursuant to the provisions of this chapter.

(Prior code § 11.16)

It is unlawful for any licensee hereunder to sell or otherwise dispose of any secondhand articles, goods, wares or merchandise of any type or description within seven days after report of the same is made to the sheriff pursuant to the provisions of Section 5.64.120; provided, however, that if such articles, goods, wares or merchandise are fit for the use for which they were originally intended or made, it is unlawful to sell or otherwise dispose of the same within twenty-one days after the report of the same is made to the sheriff, pursuant to the provisions of Section 5.64.120. The sheriff is authorized to release any property covered by this chapter which he inspects and is satisfied that the same is in the lawful possession of such person, regardless of whether any waiting period, as provided by this chapter, has expired; provided further, that as between licensees hereunder, such waiting period shall not apply to property heretofore released in accordance with this section.

(Prior code § 11.17)

It is unlawful, prior to the time that any articles, goods, wares or merchandise may be lawfully disposed of, to clean, alter, repair, paint or otherwise change the appearance of the same or to fail to expose the same to public view at all times during business hours.

(Prior code § 11.18)

A. It is unlawful for any person acting as a junk dealer or itinerant junk dealer to purchase or otherwise acquire any secondhand articles, goods, wares and merchandise of any type or description offered such person by any minor under the age of eighteen years.

B. The provisions of this section shall not be deemed to apply to the purchase or acquirement by other means, by persons acting as junk dealers or itinerant junk dealers, of the following secondhand articles, goods, wares and merchandise: Rags, bottles, sacks in lots of fifty or less, barrels, cans and newspapers.

(Prior code § 11.19)

It is unlawful for any person acting as a junk dealer or itinerant junk dealer to purchase or otherwise acquire secondhand articles, goods, wares or merchandise within the city between the hours of six p.m. or one-half hour after sunset on one day, whichever is later, and seven a.m. of the next succeeding day, or on Sunday or on a legal holiday.

(Prior code § 11.20)