A. Hours. A pawnbroker, secondhand dealer, auctioneer, junk dealer, or his or her agent or employee shall not accept any pledge or loan any money on personal property, or purchase or receive goods, wares or merchandise, or any article or thing whatsoever, or engage in or conduct business, between seven p.m. of any day and seven a.m. of the following day.
B. Records. Each pawnbroker, secondhand dealer, auctioneer and junk dealer shall keep a register containing, in addition to the matters prescribed by state law, a description of all property received or sold by him/her, a description of all persons from whom he/she received such property, and such other information as prescribed by the law enforcement agency.
C. Business Regulations. In addition to other provisions of this chapter, pawnbrokers, secondhand dealers, auctioneers, junk dealers and operators or owners of every swap meet (licensees) shall be subject to the following provisions and none of the foregoing shall violate the same:
1. Every licensee shall enter upon the “buy-form” positive identification furnished by the seller, pledgemaker or consignee, such as a driver’s license number, passport, auto or truck license number or identification cards issued by United States or state government, in addition to the individual’s true name and address.
2. Licensees shall not melt, destroy, sell or otherwise dispose of any articles received (with the exception of coins and metals) which are reported to the law enforcement agency until thirty days have elapsed after making such report. Until such time has elapsed, the licensee shall not clean, alter, repair, paint or otherwise change the appearance of such articles.
3. The law enforcement agency may release any property held during such period if satisfied that the property is in the lawful possession of the licensee. In addition, the law enforcement agency may place a hold-order upon any property held during said period where the law enforcement agency has reasonably determined that the property may be stolen. The hold-order shall not exceed a period of ninety days, and upon the release of such hold-order, the licensee shall keep a true record of the property and include the true name and address of the person to whom such property was sold or any other method of disposition. No person shall sell, destroy or otherwise dispose of any property while subject to such hold-order.
4. Exemptions. The aforementioned provisions in respect to the destruction, sale or disposal of property shall not apply to any of the following:
a. Property purchased from a business licensee or permittee holding a similar city license or permit, if in the sale of such property said business licensee or permittee had complied with all of the provisions of this title; provided, however, that this exemption shall not apply in the case of purchases made by junk dealers from junk collectors;
b. Property purchased on a bill of sale or invoice from a regularly established place of business which has been dealing in that type of article for not less than two years;
c. Purchases or sale by junk dealers or junk collectors of rags, bottles other than milk or cream bottles, secondhand sacks other than cement sacks, barrels, cans, shoes, lamps, stoves or household furniture (with the exception of sewing machines and musical instruments) or the purchase or sale by secondhand dealers of household furniture.
D. Reporting Requirements. Once every twenty-four hours, each pawnbroker, secondhand dealer, auctioneer or junk dealer shall make a report to the law enforcement agency of the information contained in his/her register during the preceding twenty-four-hour period, in the form and at the time as prescribed by the law enforcement agency. A copy of the aforementioned register shall be preserved for a period of at least two years, or for such longer time as prescribed by law.
E. Firearms and Weapons. Each pawnbroker, secondhand dealer, auctioneer or junk dealer shall report to the law enforcement agency, in accordance with federal, state and county regulations, information regarding the receiving or selling of firearms and weapons.
F. Identification Requirement. Every person who sells, pledges or consigns any property to a pawnbroker, secondhand dealer, auctioneer, junk dealer or owner or operator of a swap meet in the course of such business, except household furniture, used tires or used batteries, shall furnish true, positive identification to such business by which such person can be located by the law enforcement agency. (Ord. 913-02 § 25; prior code § 11-134)