4-1 TITLE 9 BUSINESS REGULATIONS 4-1

Transcription

1 4-1 TITLE 9 BUSINESS REGULATIONS 4-1 Sec. 4-1: Sec. 4-2: Sec. 4-3: Sec. 4-4: Sec Sec. 4-6: Sec Sec Sec. 4-9: Sec. 4-10: Sec. 4-11: Sec. 4-12: Sec. 4-13: Sec. 4-14: Sec. 4-15: Sec. 4-16: Sec. 4-17: Chapter 4 SECONDHAND DEALERS AND PAWNBROKERS Definitions License Required Application Denial Background Check Required License Fee Renewal of License Revocation Records to be Kept Pawn Ticket to be Furnished Report Required of Property Acquired Report Storage of Personal Property or Secondhand Property Personal Property or Secondhand Property to be Retained Appeals Exemptions Penalties Sec Definitions. For the purposes of this Chapter, the following definitions will apply: A. Chief Of Police. Chief of the Moscow Police Department. B. Licensee. Any person operating a business required to be licensed under the provisions of this Chapter. Where such person is a business, Licensee shall mean the individual(s) in the City with direct supervisory authority and/or responsibility over sales, purchases, and/or pledges (such as a manager, franchisee, or department head). Persons dealing exclusively in property exempted in this Chapter need not be licensed. C. Pawnbroker. Any person who: 1. loans money on deposits of Property or deals in the purchase or possession of personal property or Secondhand Property on condition of selling the same back again to the pledger; or 2. loans or advances money on Property by taking chattel mortgage security thereon and takes or receives such Property into his or her possession. D. Pledger. A person who deposits Property with a Pawnbroker as security against repayment of a Pawnbroker s loan. E. Recycling Center. Any person who accepts aluminum (or other nonprecious metals), paper, glass, plastics, wood products, and other materials to be reprocessed for manufacture into new goods using such materials. F. Secondhand Dealer. Any person who, wholly or in part, engages in or operates the trade or business of buying, selling, exchanging, trading, or acquiring, permanently or temporarily, any new or used personal property or Secondhand Property or other valuable personal property or articles, except from a regularly established wholesale dealer or as otherwise exempted by this Chapter. G. Secondhand Property. New and used personal property and/or tangible object(s) owned by a person that is not affixed to or associated with the land, including but not limited to, scrap gold, old gold, coins, silver, platinum, all other precious metals, jewelry, clothing, home electronics/audio and visual recording equipment, cameras, televisions, DVDs, Blu-ray discs, camcorders, musical instruments, stereo equipment, electronic gaming systems and their component parts (including games); speakers, cellular and landline telephones, smart phones and their component parts, and telephonic equipment and systems, microwave ovens, scales, computers, computer games, computer hardware and software (including digital media readers and players and tablet computers) and their component parts, keyboards, printers and controllers, facsimile machines, word processors, scanners, sporting goods of all kinds, antiques, tools of all kinds (electronic,

2 4-1 TITLE 9 BUSINESS REGULATIONS 4-8 chain saws, construction equipment), car stereos, firearms, weapons, or other valuable articles. Sec License Required. No person shall carry on the business of Secondhand Dealer or of Pawnbroker without first having obtained a license to do so, as provided by this Chapter and by the Idaho Code. Sec Application. Application for a Secondhand Dealer or Pawnbroker license, as required by this Chapter, shall be in writing upon a form to be furnished by the City and made to the City through the City Clerk. Every applicant shall supply a full set of fingerprints with every application, except that fingerprints will not be required for any renewal that occurs within five (5) years of the latest submittal of fingerprints by the applicant. Applicant shall submit a copy of applicant s valid driver s license or other DMV approved identification. Sec Denial. The City may refuse to grant a license and/or may revoke a license where a Licensee has been found guilty of, pled guilty to, received a withheld judgment, or admitted to the elements of any crime involving any felony, a theft, or possession of stolen property, or moral turpitude, or admitted that sufficient evidence exists which could be likely to convince a judge or jury to find the applicant or Licensee to be guilty beyond a reasonable doubt of such a crime. (Ord , 09/17/2001; , 06/06/2011; , 09/19/2011; , 08/18/2014) Sec Background Check Required. Before any Secondhand Dealer or Pawnbroker license is issued under this Chapter, the City shall complete an investigation background check. The background check may utilize fingerprints which shall be submitted by every applicant. The City may submit such fingerprints to the FBI for a National Criminal History check or may utilize other inquiries as deemed necessary to carry out the intent of this Chapter. Criminal history and crime information requests regarding an applicant or Licensee shall be conducted pursuant to applicable law. New fingerprints are required at least every five (5) years. Sec License Fee. Council shall have the discretion to require payment of a fee upon application. Such fee may be established from time to time by Resolution of the Council. All licenses issued under the provisions of this Chapter shall expire on December 31 of the year in which they are issued. Sec Renewal of License. The City Clerk may renew a Secondhand Dealer or Pawnbroker license from year to year by appropriate endorsement thereon. An application for renewal of a Secondhand Dealer license or a Pawnbroker license shall be in writing on a form provided by the City. The application shall be filled out with the full name and current address of the applicant along with the statement of the date upon which the original Secondhand Dealer or Pawnbroker license was granted. A copy of applicant s valid driver s license or other DMV approved identification shall be provided. The Secondhand Dealer or Pawnbroker license fee, in an amount as set from time to time by Resolution of the City Council, shall be paid to the City for a Secondhand Dealer or Pawnbroker license. Sec Revocation. A Secondhand Dealer or Pawnbroker license, under this Chapter, may be denied, suspended, or revoked for any of the following causes: A. Fraud, misrepresentation or false statement contained in the application for the license;

3 4-8 TITLE 9 BUSINESS REGULATIONS 4-9 B. Fraud, misrepresentation or false statement made in the course of carrying on the business operating as a Secondhand Dealer and/or Pawnbroker; C. Conducting a Secondhand Dealer or Pawnbroker business in an unlawful manner or in such a manner as to constitute a breach of the peace or public nuisance or so as to constitute a menace to the health, safety or welfare of the public; D. Where any applicant or Licensee has been found guilty of, pled guilty to, received a withheld judgment, or admitted to the elements of any felony, a theft, possession of stolen property, or crime involving moral turpitude, or admitted that sufficient evidence exists which could be likely to convince a judge or jury to find applicant or Licensee to be guilty beyond a reasonable doubt of such a crime; and E. Any violation of this Chapter. Sec Records to be Kept. A. Every Licensee shall be required at all times to keep a chronological, accurate and complete record of all personal property or Secondhand Property purchased by or pledged with such Licensee. The record book shall contain the following information with regard to each purchase or pledge: an accurate account and description of the Property bought or pledged (including make, model and serial number); the amount of money paid, loaned, or advanced; the name, residence, age, sex, physical description, and drivers license or other official identification number(s) of the person selling or pledging the personal property or Secondhand Property, as well as the date of purchase or pledge; and, where applicable, the number of the pawn ticket or receipt number given to the pledger and the time when the pledger may redeem the pledged personal property or Secondhand Property. This record shall be available for inspection by any law enforcement officer at any reasonable time during working hours for the business. B. Personal Property or Secondhand Property Purchased by Licensee Off Premises of Business. If Personal Property or Secondhand Property not otherwise excluded in this Chapter is purchased by a Licensee through yard sales, garage sales, want ads, internet site(s) or list(s), or at public auction, records required by this Chapter need only show an accurate account of the articles purchased, the amount paid, the name of the person from whom the articles were purchased, the location where the articles were purchased, and the nature of the sale (yard sale, auction, etc.). C. Sale of Personal Property or Secondhand Property by Licensee. Each Licensee shall record the name, address and a drivers license number for each purchaser of personal property or Secondhand Property. This provision shall not apply to Property which has been retained more than thirty (30) days after the report required in Code Section has been filed. D. Exempted personal property or Secondhand Property. This Code Section shall not apply to the following property: 1. Personal property or Secondhand Property having a value of less than ten dollars ($10) unless otherwise specified in this Chapter. Any Property purchased for less than ten dollars ($10) and offered for sale for less than twenty-five dollars ($25) shall be considered to have a value of less than ten dollars ($10) for purposes of this Section. 2. Furniture. 3. Major appliances, such as kitchen stoves, refrigerators, dishwashers,

4 4-9 TITLE 9 BUSINESS REGULATIONS 4-14 freezers, clothes washers and dryers, and similar white goods. 4. Any used personal property or Secondhand Property received as a trade-in on a new item of a like nature. E. Non-exempt Personal Property or Secondhand Property. This Code Section shall apply to the following property or any combination of such property, regardless of value: 1. Electronic items and small appliances including, but not limited to, home electronics/audio and visual equipment players and systems and their component parts, speakers, car stereos, televisions, computer hardware and software, word processors, and computer systems (including digital media readers and players and tablet computers) and their component parts, keyboards, printers, facsimile machines, scanners, controllers, electronic gaming systems and their component parts (including games), and microwave ovens. 2. Firearms, weapons, and sporting goods of all kinds. 3. Chain saws. 4. Cameras; photographic, video and audio recording, editing, and playback equipment. 5. Coins, gold, silver, platinum, and all precious metals and jewelry (no matter what their form). 6. Hand tools, power tools, electronic tools and construction equipment. 7. Cellular and landline telephones and telephonic equipment and systems, smart phones, and their component parts. 8. DVDs, Blu-ray discs, and computer games. 9. Musical instruments. Sec Pawn Ticket to be Furnished. Every Pawnbroker shall furnish to the pledger a separate pawn ticket for each item pledged showing the amount pledged, a detailed description of the personal property or Secondhand Property pawned, the date for redemption thereof, the date of receipt by the pawnbroker, and the name of the pledgee. The pawn ticket shall also state the payments to be made and their allocation between principal and interest; the date on which the personal property or Secondhand Property will be forfeited by the pledgee if the payments are not made; and all information required by law. Sec Report Required of Property Acquired. Not later than five (5:00) o'clock p.m.., local time on Tuesday of each week, each Licensee shall submit to the Chief of Police a record of all Licensee s purchases of Property (not otherwise exempted in this Chapter) during the preceding week, setting forth the date of acquisition, a detailed description of the Property, the name and address of the person making the sale or pledge, and all other information required to be detailed in the record book by this Chapter and by Idaho Code. Sec Report. The Chief of Police may approve a Licensee s electronic or other method of filing of information required by this Chapter if the Chief of Police finds that such filing method substantially meets the reporting requirement of this Chapter and of the Idaho Code. Sec Storage of Personal Property or Secondhand Property. Each Licensee shall maintain his business premises in an orderly fashion; all Property received shall be kept or stored inside a building or behind a sight-obscuring fenced area. Sec Personal Property or Secondhand Property to be Retained. Any law enforcement officer may require that personal property or Secondhand Property in the possession of a

5 4-14 TITLE 9 BUSINESS REGULATIONS 4-16 Licensee which is believed to be stolen shall be retained by the Licensee for a period of up to thirty (30) days. An order to retain such personal property or Secondhand Property need not be in writing and may be appealed to the Chief of Police. Sec Appeals. A. Any person aggrieved by the action of denial, suspension or revocation of a license under this Chapter shall have the right of appeal to the Council. B. Such appeal shall be taken by filing with the Clerk written notice thereof within ten (10) business days after the denial or the entry of the order of suspension or revocation. Notice of appeal shall specify an address at which the person appealing may be given notice of the hearing on the appeal. C. At the appeal hearing before the Council, the applicant, person appealing, or his/her legal representative shall be entitled to appear in person and offer evidence relevant to the denial, suspension or revocation. City staff shall likewise be entitled to appear at the hearing and offer evidence in support of the denial, order of suspension or revocation. Failure by applicant, person appealing, or their representative to appear before Council at the time scheduled to hear such an appeal shall result in the automatic denial of such appeal. D. The Council shall determine whether the denial, suspension or revocation shall be sustained and shall make a final reasoned statement in writing within fifteen (15) business days following the close of the hearing. (Ord , 02/17/2009; , 06/20/2011) Sec Exemptions. This Chapter shall not apply to or include the following: A. Dealers in motor vehicles, as defined by Idaho Code. B. Yard sales, garage sales, or moving sales where all of the following are present: 1. The sale is held on land occupied as a dwelling by the seller or owner, or is rented or leased by a charitable or political organization; 2. The personal property or Secondhand Property offered for sale is owned by the occupant or seller; 3. No more than three (3) sales are held in any twelve (12) month period; and 4. None of the personal property or Secondhand Property offered for sale has been purchased for resale or received on consignment for purpose of resale. C. Where the seller is a charitable, nonprofit, recreational, fraternal, or political entity or is exempt from taxation pursuant to Section 501(c)(3) of the Federal Internal Revenue Code of 1954, as amended. D. The sale of secondhand books or magazines. E. The sale of goods at an auction held by a licensed auctioneer. F. Recycling centers. G. Personal property on consignment from the owner of the personal property. H. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock. I. Goods sold at the Farmers Market. J. Personal property or Secondhand Property sold at a bonafide antique, used furniture and/or used clothing store (by a person or a business in which seventy five percent (75%) of the person s or business revenue is derived through the sale of antiques, used furniture or used clothes). K. The business of buying or selling only Property taken as part of full payment for new goods and where such

6 4-16 TITLE 9 BUSINESS REGULATIONS 4-17 business is incident to and not the primary business of a person. L. Estate sales by an authorized representative of the property owner. Sec Penalties. Any person violating the provisions of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be punished pursuant to this Code and the Idaho Code. (Ord , 09/18/2000; , 06/20/2011)