[HISTORY: Adopted by the Common Council of the City of Fulton 5-1-2012 by L.L. No. 3-2012. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- SECONDHAND DEALER
- Any person engaged in the business of purchasing and/or selling secondhand any of the following articles:
- A. Bicycles, bicycle parts, equipment and accessories;
- B. Jewelry, unset jewels, precious stones, gold, silver, plateware;
- C. Clothing, boots, shoes, robes, hats, coats, ties;
- D. Suitcases, travel bags, trunks;
- E. Beds, bedding, mattresses, springs, blankets, electric blankets;
- F. Tools, building and hardware supplies, electrical supplies, power tools, chain saws;
- G. Furniture, fixtures, rugs, lawn furniture;
- H. Televisions, radios;
- I. Tape recorders, tape players, tapes, records, cassettes, DVDs, movies;
- J. Stereo and hi-fi recording and playing equipment;
- K. Computers, iPods®, tablets, MP3 players;
- L. Electronic equipment, GPS;
- M. China, porcelain, crockery, glassware, cut glass;
- N. Linens, laces, leather goods, bric-a-brac;
- O. Dishware, cutware, cutlery, silverware;
- P. Clocks, watches;
- Q. Musical instruments, parts, accessories and equipment;
- R. Movie and still cameras, parts, equipment and accessories, developers and enlargers;
- S. Camping, hunting and fishing equipment, skis, skates, sportswear and equipment;
- T. Office equipment, desks, chairs, file cabinets, typewriters;
- U. Calculators, copying machines;
- V. Negotiable currency (domestic and foreign and numismatic);
- W. Gold, silver, platinum and mercury;
- X. Handguns, rifles, shotguns, cap and ball and black powder weapons.
Not-for-profit or nonprofit organizations shall be exempt from this chapter.
Before any person shall engage in the business as a secondhand dealer in the City, said person shall obtain a license to do so from the City Clerk/Chamberlain. Said license shall be valid, unless otherwise revoked, for the calendar year in which the same is issued, and every said license shall expire at 12:00 midnight on December 31 of said year.
Where a secondhand dealer is engaged in business at more than one location, a separate license shall be secured for each place of business.
A secondhand dealer's license shall not include, nor permit the engaging in, the business of pawnbrokers.
Notwithstanding any provision herein contained, a license for a limited duration may be issued.
Application for a license shall be made in writing on a form supplied by the City. Such form may require the name of the applicant, his place of residence and business, his date of birth, type of goods, wares, and merchandise to be purchased and sold, and such other information and evidence of good character of the applicant as the City may reasonably require.
The license fee under this chapter shall be $75. Notwithstanding any provision herein contained, the license fee for a limited duration license shall be $10 per day; yearly renewal fees shall be $25. The initial license fee shall be prorated if obtained after January of the year issued.
Every secondhand dealer shall keep a book in which shall be written, at the time of purchase by him of any article, a description thereof and the name, address, age, social security number and personal description of the person from whom, and the day and hour when, such purchase was made. Electronic equipment descriptions must include the serial number and make of device (i.e., iPod®, camera, stereo). This chapter applies to all electronic devices, including but not limited to the previous descriptions. Any item, regardless of description class, must be accurate. No general terms such as "stuff" will be accepted. Furthermore, every secondhand dealer prior to purchasing any article shall require the seller to submit proof to verify his or her name and address and the secondhand dealer shall also enter in said book the license plate number of any automobile which the seller acknowledges is registered in his or her name. Said book shall at all times be open for inspection by any member of the Police Department. Said book shall be substantially bound and of a size not less than six inches in length and six inches in width. The entries therein shall be legibly written in ink and in the English language and shall show the amount paid for each article and the identifying number attached to each article in accordance with the provision next following. No entry in said book shall be altered, erased, obliterated or defaced. Book pages shall be sequentially numbered.
Every secondhand dealer shall at the time of making any purchase attach a properly numbered tag to, or otherwise legibly number, each article bought.
Every secondhand dealer shall make out every weekday before 10:00 a.m., on forms provided by the City, a legible and correct copy of the records required to be kept by Subsection A above, containing particulars of all purchases of such articles made the preceding business day, and shall, upon request, deliver a copy of such record to any member of the Police Department.
Every secondhand dealer shall allow his place of business and all articles of secondhand merchandise therein to be at any time examined by any member of the Police Department.
Every secondhand dealer shall display, in a conspicuous place within his place of business, a copy of this chapter and display a copy of the permit furnished by the City Clerk/Chamberlain's office.
No secondhand dealer shall sell, permit to be sold or transfer to a different location any article purchased or received by him until 11 days shall have elapsed after the making of the daily report required in Subsection C above. All electronic merchandise and jewelry must remain in its original, unaltered condition for this eleven-day period.
No secondhand dealer shall have his shop or store open for the transaction of business nor shall he purchase any secondhand article or personal property from persons other than secondhand dealers, except between sunrise and 9:00 p.m. in the evening of any weekday, except Saturdays, on which day said shop or store may be kept open and such articles purchased from sunrise until 11:00 p.m.
No secondhand dealer shall purchase any article from a child, actually or apparently, less than 18 years of age. It shall be no defense to a prosecution for a violation of this section that, in the transaction upon which the prosecution is based, the child acted as the agent or representative of any other or that the defendant dealt with such child as the agent or representative of another.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not less than $100 nor exceeding $500 or by imprisonment not exceeding 150 days, or by both such fine and imprisonment. Any dealer who is convicted of violating the provisions of this chapter within a twelve-month period shall have their permit revoked.