[HISTORY: Adopted by the City Council of the City of Garfield 2-27-2008 by Ord. No.
2521. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes but is not limited to those businesses, persons
or other entities which in any fashion or degree transact in secondhand
merchandise, their agents, employees and representatives.
Any and all previously owned goods, commodities, materials,
wares and property which fall into the following product descriptions:
A.
Dealer in secondhand merchandise. No person or entity shall use,
exercise conduct or carry on the business or trade of a dealer in
secondhand merchandise without being licensed for that purpose by
the Chief of Police, subject to approval by the City Clerk, or shall
carry on such business or trade at any place other than the one designated
in such license or shall continue to carry on such business after
such license has expired or has been removed.
B.
Application.
(1)
The application for a secondhand merchandise dealer's license
shall be prepared by the Police Department and approved by the City
Clerk. Each application for a secondhand merchandise dealer's
license shall contain the following information:
(a)
The name, address and social security number of the applicant;
if a corporation, the names, addresses and social security numbers
of the president and secretary of said corporation; if a partnership,
the names, addresses and social security numbers of all partners.
(b)
The name under which the business, trade, occupation or activity
is to be conducted, and the address of said business, trade, occupation
or activity.
(c)
A description of the nature of the business, trade, occupation
or activity to be conducted in conjunction with the license.
(d)
The business telephone number of the applicant.
(e)
The applicant's record of any licenses previously denied
or revoked by the City of Garfield.
(f)
The applicant's record of any previous arrests or convictions
for misdemeanors, crimes, felonies or ordinance violations, including
a description of the nature of crime or offense charged, the disposition
of said charge and the date and place of said disposition.
(g)
The name and address of the attorney for the applicant.
(h)
A description of the applicant's physical characteristics,
including age, date of birth, sex, height, weight, hair color, eye
color and distinguishing marks.
(i)
A list of the names, addresses and social security numbers of
all agents, employees or representatives of the applicant to be involved
in the conduct of the business, trade, occupation or activity sought
in conjunction with the license hereunder.
(2)
Each application shall also require fingerprinting of the applicant.
Every license that shall be granted to any dealer in secondhand merchandise
shall designate the place in which the person or entity receiving
such license shall be authorized to carry on such business. The applicant
shall be investigated as to the applicant's character and reputation,
and if said applicant is denied a license, the applicant shall forfeit
the fee for the application. The fee for each application for a secondhand
merchandise dealer's license or for renewal of each license shall
be $200 per year. Each license shall expire at the end of one year
from the date of its approval.
C.
Change of address. In case any person or entity so licensed as aforesaid
shall remove his shop or place of business from the place designated
in the license, he shall immediately thereupon give notice to the
Chief of Police, and the number of his shop or place of business shall
thereupon be changed on the motor vehicle used by such licensed person
and made to correspond with such change of address.
A.
Possession of lost or stolen articles. If any goods, articles or
things shall be advertised in a daily newspaper of general circulation
within the City of Garfield as having been lost or stolen and if the
goods, articles or things so advertised, or any part or portion thereof,
shall be or thereafter come into the possession of any dealer in secondhand
merchandise, he shall forthwith give information thereof in writing
at the office of the Chief of Police and shall also state from whom
the same was received. Every dealer in secondhand merchandise who
shall receive or be in possession of any goods, articles or things
which may have been lost or stolen, or are alleged or supposed to
have been lost or stolen, shall forthwith, on demand to view the same,
exhibit same to the City Clerk, Chief of Police or any Municipal Judge
or any Judge at any criminal court or any policeman who may be authorized
by any of the above-mentioned officers or Magistrates to make such
a demand.
B.
Records required. Every dealer in secondhand merchandise shall provide
and keep a book in which shall be clearly written at the time of each
purchase a description of the article so purchased, the name and residence
of the person from whom such purchase was made and the day and hour
of such purchase. A photographic record and positive identification
must be made of each person from which a purchase is made.
C.
Daily submissions of records. Every dealer in secondhand merchandise
doing business in the City of Garfield shall deliver to the Chief
of Police of said City, every Monday before 11:00 a.m., a legible
and correct transcript of the records of his transactions of the previous
week. Said transcript shall be on forms prescribed by the Chief of
Police.
Any police officer shall have the right to seize and detain
any goods or merchandise held by a dealer in secondhand merchandise
which the officer has probably cause to believe is lost or stolen
and owned by a person other than the person who pledged the item with
the dealer in secondhand merchandise.
A.
It shall be unlawful for a dealer in secondhand merchandise or an
agent or employee of a dealer in secondhand merchandise to give false
information, hinder, or otherwise interfere with a police officer
in the performance of any duty under this article, including the inspection
of the business premises and the taking into possession of any goods
or merchandise which the police officer has probable cause to believe
is lost or stolen property belonging to another person.
B.
If a police officer takes possession of any property, he shall furnish
the dealer in secondhand merchandise with a receipt containing the
date, name and rank of the officer and a description of the property
taken. The Property Clerk of the City of Garfield Police Department
shall notify the dealer in secondhand merchandise in writing of any
disposition of the goods or merchandise. The notice shall include
the date, disposition, and the name of the person receiving the property.
C.
In lieu of taking possession of goods or merchandise, a police officer
may place a temporary detainer on the property for a period of time
not to exceed 60 calendar days from the date of the written notice
of detainer issued to the dealer in secondhand merchandise. During
the period of detention, the dealer in secondhand merchandise shall
keep the detained property separate and apart from the remaining goods
or merchandise and shall properly secure it.
D.
Right to appeal. Any person aggrieved by the seizure or detention
of property by a police officer may file a written request for a probable
cause hearing with the Municipal Court or any other court of competent
jurisdiction. The hearing shall be scheduled within a reasonable time
after the written request is filled.
The Mayor and Council of the City of Garfield, upon five days'
notice to the licensee and after a hearing, may revoke or suspend
any license issued under the provisions of this chapter for any violation
of the provisions hereof.
Restrictions: No person operating a store which deals in secondhand
merchandise shall receive or purchase any goods, articles or things
whatsoever from any minor under the age of 18 years of age without
written authorization of such person's parents or legal guardian
or from any apprentice or servant without written authorization from
such person's employer.
Restrictions: No person owning or operating a store which deals
in secondhand jewelry or gold shall sell, melt, change the form of
or dispose of any article bought or received by him within 15 days
after said article is reported.
Any person violating any provision of this chapter shall, upon
conviction in the Municipal Court of the City of Garfield, be punished
pursuant to the provisions of the General Penalty Ordinance[1] of the City of Garfield.
The conviction of a licensee for a violation hereunder shall
not prevent the City from taking action to suspend or revoke the license
of a person so convicted as herein provided. Further, nothing hereunder
shall be construed as precluding, limiting or otherwise affecting
the rights of the City Policy Department to pursue the issuance and
prosecution of criminal charges against any person or entity which
violates any provision of this chapter.
