[Code 1974 § 5-80; Code 1985 § 26-1;
Code 2005 § 90-1]
It shall be unlawful for any person, firm or corporation who
carries on the business of buying brass, copper, iron, aluminum, or
other metal, rubber, leather, belting, furniture, utensils, glassware
or crockery, plumbing fixtures, electric fixtures, burlap, bags or
any material, tools, guns, knives, watches and clocks, machinery,
supplies and equipment used in drilling, completing, operating or
repairing oil or gas wells or mines, commonly known as "junk dealers"
and "secondhand dealers" to purchase any such articles or any other
article whatsoever from any minor without first having obtained in
writing the consent of the parents or guardian of such minor to make
such purchase. Such written consent shall be dated the day the purchase
is made and shall be itemized so as to show each particular article
or thing purchased. Such "junk dealers" and "secondhand dealers" shall,
on Saturday of each week, make a written report of all such purchases
to the sheriff of the county and shall transmit with such report the
written consents to make such purchases heretofore referred to. Such
reports and written consents shall be kept as a permanent record in
the sheriff's office and shall be open to public inspection.
[Code 2005 § 90-2]
Any person, firm or corporation failing or refusing to comply with the provisions of §
6-46 shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than $50 nor more than $200.
[Code 1974 §§ 5-67, 5-82; Code 1985 §§ 26-2,
26-38; Code 2005 § 90-3]
A. A junk dealer, secondhand dealer or pawnbroker shall not accept collateral
or buy merchandise from a person unable to supply verification of
identity by photo I.D. by a state-issued identification card, driver
license or federal government-issued identification card or by readable
fingerprint of right or left index finger on the back of the pawn
or buy transaction copy to be retained for the junk dealer's,
secondhand dealer's or pawnbroker's record.
B. Any suspicion or circumstance sufficient to put any ordinary prudent
person upon his guard shall be sufficient notice to that person to
whom property shall be offered for gift, sale or pledge, to prohibit
him from accepting the property; and any knowledge, notice or information
as to a conviction of the person offering such property of any pertinent
property offense shall prevent such sale, gift or pledge from being
made. The failure to exercise the precautions prescribed in this subsection
and the accepting of a gift, sale or pledge of property prohibited
in this subsection, which shall be stolen, or shall be in the possession
of one not entitled thereto, or which shall be disposed of by one
not entitled to, or competent to sell, pledge or give the property
away, shall be unlawful.
C. A junk dealer, secondhand dealer or pawnbroker shall report to the
chief of police any person who offers to sell any merchandise under
such circumstances as to put him on inquiry as to the true and lawful
owner of such merchandise and the lawful right to make such sale or
delivery.
[Code 1974 § 5-83; Code 1985 § 26-3;
Code 2005 § 90-4]
Any junk dealer, secondhand dealer or pawnbroker who shall be
guilty of the violation of any of the provisions of this article applicable
thereto, or who shall permit an employee in the course of such employment,
to be guilty of the violation of any provision hereof, shall, in addition
to any other penalty, have his license or permit revoked; provided
that such revocation shall be effected by the Board of Commissioners
on proof of such conviction and after notice and a hearing.