Chapter 5.40 — USED GOODS DEALERS

Every person who for profit, conducts, carries on or engages in the business of buying or otherwise acquiring, or selling or otherwise disposing of or dealing in used or secondhand goods, wares, merchandise or other tangible personal property, in the city is subject to this chapter, and for the purposes hereof shall be deemed a "used goods dealer" and shall be required to apply for and receive a used goods dealers license from the finance director of the city before engaging in the business.

(Code 1972, § 5.40.010; Ord. No. 192, § 1, 1955; Ord. No. 551, § 2, 1982; Ord. No. 1009, §§ 1(part), 2(part), 1995)

(a)

Every used goods dealer shall mail or deliver daily to the chief of police a true and complete report, on a form to be furnished by the chief of police, legibly written or typewritten in the English language, of all used or secondhand goods, wares, merchandise or other tangible personal property purchased, acquired or received by him during the preceding day.

(b)

The record of transactions for handguns and firearms shall also adhere to the reporting requirements for handguns and firearms prescribed under current state and federal law.

(Code 1972, § 5.40.020; Ord. No. 192, § 2, 1955)

The reports required by section 5.40.020 shall be made in duplicate and the copy retained by the dealer at his place of business for at least not less than six months and kept available for inspection by any peace officer upon request. The chief of police shall file the originals for not less than six months, after which they may be destroyed if no longer needed.

(Code 1972, § 5.40.030; Ord. No. 192, § 3, 1955; Ord. No. 484, § 1(part), 1978)

The report required by section 5.04.020 shall contain the following information as to each item of personal property acquired:

(1)

A complete description, including trade or brand name, color, size, serial number, distinguishing marks, and the type and number of fittings thereon or attachments thereto if the same are relevant to identification of the item;

(2)

The cost, or if acquired by exchange, a description of the item exchanged;

(3)

The true name and address of the person from whom the item was acquired, his personal signature, a statement as to whether he is personally known to the dealer, and if not, then a full and complete description of such person, including, but not limited to, approximate age, height, weight, color of eyes, color of hair, dress and any visible distinguishing marks, scars or characteristics;

(4)

If the item is delivered or received from a vehicle, its license number, make, body type and color.

(5)

A certification by the intended seller or pledger that he is the owner of the property or has the authority of the owner to sell or pledge the property.

(6)

A certification by the intended seller or pledger that to his knowledge and belief the information is true and complete.

(7)

A legible fingerprint taken from the intended seller or pledger, as prescribed by the Department of Justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation.

(Code 1972, § 5.40.040; Ord. No. 192, § 4, 1955)

Whenever such property is sold or disposed of, the dealer shall make and keep for not less than six months a written record of such disposition, containing the date and place of disposition and the name and address of the person who acquired it, which record shall during said period be available for inspection by any peace officer on request.

(Code 1972, § 5.40.050; Ord. No. 192, § 5, 1955; Ord. 484 § 1(part), 1978)

No dealer shall sell or dispose of any property within ten days after report is made to the chief of police as required by section 5.40.020, unless the chief of police, after inspection, satisfies himself that the property is in the lawful possession of the dealer and authorizes its disposal, nor shall the dealer during said period alter the appearance of the property by cleaning, repairing, painting or other means, or conceal the same from public view.

(Code 1972, § 5.40.060; Ord. No. 192, § 6, 1955)

No dealer shall acquire any personal property from a minor under the age of 18 years, and the burden of determining age shall be upon the dealer.

(Code 1972, § 5.40.070; Ord. No. 192, § 7, 1955)

The provisions of this chapter shall not apply when the property acquired is rags, bottles, sacks in a quantity of 50 or less, barrels, cans or newspapers, or to property acquired by bona fide established nonprofit or charitable organizations solely by donation.

(Code 1972, § 5.40.080; Ord. No. 192, § 8, 1955)

The provisions of this chapter shall not apply when the property acquired by the dealer is a motor vehicle which is registered pursuant to provisions of the vehicle code, or is received by the dealer as full or partial consideration by way of exchange or trade-in allowance upon the purchase price of new or used goods of a like or similar nature or for a like or similar use.

(Code 1972, § 5.40.090; Ord. No. 194, § 1, 1956: Ord. No. 192, § 8a, 1955)

The provisions of sections 5.40.020, 5.40.030 and 5.40.040 shall not apply as to any property sold or disposed of in the city by a dealer who, having acquired the same within the jurisdiction of another political subdivision, has made to the sheriff or chief of police thereof a report similar to that required by sections 5.40.020, 5.40.030 and 5.40.040, provided he keeps a duplicate copy thereof and makes the same available for inspection by any peace officer on request, but sections 5.40.050 and 5.40.060 shall apply as if the property had been acquired in the city on the date on which it was brought therein.

(Code 1972, § 5.40.100; Ord. No. 192, § 9, 1955)

Every person who sells or disposes of personal property to a used goods dealer shall give his true name and correct address, and the giving of a false or fictitious name or the willful giving of an incorrect address is a violation of this chapter.

(Code 1972, § 5.40.110; Ord. No. 192, § 10, 1955)

It is unlawful for any person, firm or corporation to conduct the business in the city of buying or selling secondhand goods, wares or merchandise without keeping a full record of all purchases and sales, together with the names and addresses of the purchasers and sellers which shall be open for police inspection at all times.

(Code 1972, § 5.40.120; Ord. No. 94, § 2, 1937)

Every person who violates or fails or neglects or refuses to comply with any provision of this chapter (with the exception of section 5.40.120) is guilty of a misdemeanor, and upon conviction shall be punished as provided in section 1.16.010.

(Code 1972, § 5.40.130; Ord. No. 192, § 11, 1955)

Transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals must adhere to the holding, reporting, or identification requirements prescribed by state and federal law, but are exempt from those requirements as described in this chapter.