Riverside Municipal Code Ch. 9.70 Ecoatm Machines and Other Similar Devices or Machines

Machines and other similar kiosk machines that allow people to sell their personal electronic devices in exchange for immediate cash, store credit, or charitable donation can only be operated in the City of Riverside if they are in full compliance with standard security measures required by state law, including but not limited, to Business & Professions Code Section 21625 et. seq. In addition, ecoATM machines or similar kiosk machines can only be operated in the City of Riverside if they have implemented the following protocols to cooperate with the Riverside Police Department:

A. As required by Business & Professions Code Section 21628(a)(2), the identification of the seller or pledger of the property shall be verified by the person taking the information, who may use technology, including, but not limited to, cameras or software, or both, to obtain information and verify identity remotely. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number:

1. A passport of the United States.

2. A driver's license issued by any state or Canada.

3. An identification card issued by any state.

4. An identification card issued by the United States.

5. A passport from any other country in addition to another item of identification bearing an address.

6. A Matricula Consular in addition to another item of identification bearing an address.

B. As required byBusiness & Professions Code Section 21628(a)(6), the kiosk machine must capture a legible fingerprint from each seller as prescribed by the Department of Justice;

C. As required byBusiness & Professions Code Section 21628(a)(3)(A) and (C), all second hand dealers must report a property description of the personal property to the California Pawn & Secondhand Dealer System ("CAPSS"), including but not limited to: the serial number. In the case of the receipt or purchase of a handheld electronic device by a secondhand dealer, the serial number reported may be the International Mobile Station Equipment Identity ("IMEI"), or the mobile equipment identifier ("MEID"), or other unique identifying number assigned to that device by the manufacturer.

D. When technically possible, the kiosk machine must check each mobile device's electronically embedded serial or unique identifying number (i.e. the IMEI or MEID) at the point of sale to determine if the device has previously been reported as stolen. The unique identifying number of a device must be checked through a company that compiles a comprehensive database of stolen devices based on information from nationwide phone carriers, local law enforcement, and the FBI. If the machine recognizes the mobile device as one that had been reported as stolen or one where the owner of the device remotely enabled a "kill switch" to remove their information from the device, the machine shall reject the transaction. If the device does not have an electronically embedded unique identifying number or cannot power on, the identifying number can be captured when manually retrieved.

E. As required byBusiness & Professions Code Section 21630, all secondhand dealers must electronically transmit to CAPSS no later than the next business day after the date of transaction, excluding weekends and holidays, or if not then possible due to an electrical, telecommunications, or other malfunction, as soon as reasonable thereafter, the report of acquisition of tangible personal property. Law enforcement is provided access to CAPSS.

F. Any person or company who owns or operates a kiosk machine in the City of Riverside shall not require a warrant or subpoena to provide an inventoried mobile device to law enforcement;

G. Any person or company who owns or operates a kiosk machine in the City of Riverside must respond to any law enforcement request to research and/or return reported stolen mobile devices that may have been collected by the kiosk machine;

H. The kiosk machine must be capable of being opened remotely for law enforcement personnel who need access to a mobile device inside the kiosk machine;

I. Any person or company who owns or operates a kiosk machine in the City of Riverside must hold all inventory collected for a minimum of 30 days; and

J. Any person or company who owns or operates a kiosk machine in the City of Riverside must work with law enforcement to create and maintain a "do not buy" list that bans individuals from utilizing these machines. If an individual is identified by the Riverside Police Department as having sold a stolen device at a kiosk machine, that individual shall be electronically banned from conducting further transactions at kiosk machines.

K. EcoATM machines or similar kiosks operated in the City of Riverside shall not be located in any residential zones. In addition, they cannot be located outdoors, but rather must be located inside of a retail store or shopping mall.

(Ord. 7507 § 1, 2020; Ord. 7495 § 2, 2019)

Editor's note— Ord. 7495 § 2, adopted Nov. 5, 2019, repealed former § 9.70.010 and reinstated said section as set out herein. Formerly, § 9.70.010 pertained to findings related to EcoATM machines and other similar devices or machines and derived from Ord. 7227 § 1, adopted in 2013.

A. This chapter is adopted pursuant to the authority granted to the City of Riverside in Article XI, Section 5(a) and Section 7 of the California Constitution, and Section 200 of the Riverside City Charter.

B. The purpose and intent of this chapter is to protect public health, safety, and general welfare of the residents of the City of Riverside.

(Ord. 7227 § 1, 2013)

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

Consumer electronic device means any cell phone, mp3 player, tablet, or other similar device or machine.

EcoATM means the automated self-serve kiosk system that buys back personal electronic devices for immediate cash, store credit, or a charitable donation and is patented and copyrighted by ecoATM Corp. or other similar device or machine.

(Ord. 7227 § 1, 2013)

Editor's note— Ord. 7495 § 3, adopted Nov. 5, 2019, repealed § 9.70.040, which pertained to the prohibition of EcoATM machines and other similar devices and derived from Ord. 7227 § 1, adopted in 2013.