[Ord. 6PSF-F, 12-17-2014]
In this chapter, the following words and phrases shall have
the meanings stated in this section, unless the context otherwise
requires:
Shall mean any person who engages in the business of purchasing,
selling, receiving, trading, consignment selling or otherwise transferring
for value any secondhand property. This shall not include providers
of commercial mobile service, as defined in 47USC 332(d), and such
provider's authorized agents and retailers that have contractual
relationships with the provider to sell the provider's authorized
products and services.
Shall mean any previously owned device or equipment.
Shall mean any device through which personal wireless services,
as defined in 47 U.S.C. 332(c)(7)(C)(i), are transmitted.
[Ord. 6PSF-F, 12-17-2014]
a.
At the time of each transaction, each secondhand dealer must document
the description of each cell phone or wireless communication device
and shall include the Mobile Equipment Identifier (MEID), International
Mobile Station Equipment Identity (IMEI) or Electronic Serial Number
(ESN) of the Wireless Communication Device.
b.
The record under this section shall also contain a receipt with the
purchase amount and a statement that the person selling the device
is of lawful age; that the driver's license number or other government-issued
identification number and all other identifying information provided
by the seller of such property are true and correct; and that the
person selling such property is the lawful owner of such article of
property with absolute authority to sell such property.
[Ord. 6PSF-F, 12-17-2014]
It shall be unlawful for any person who sells a cell phone or
wireless communication device to a secondhand dealer to submit false
or fraudulent information on any receipt required under this chapter.
[Ord. 6PSF-F, 12-17-2014]
a.
Prior to purchase, every secondhand dealer shall require two forms
of identification to be shown by each person attempting to sell any
cell phone or wireless communication device. At least one of the two
forms of identification must list the person's name and residence
address. At least one of the two forms of identification must be a
photographic identification issued by a Federal, State or local governmental
entity. Forms of identification may include, but are not limited to,
a State driver's license, a State identification card, a passport,
a military identification card, or a credit card or utility bill.
b.
If the seller does not have a photographic identification card issued
by a Federal, State or local governmental entity, the business shall
photograph the customer. The photograph shall be in color. On the
reverse side of the photograph, the secondhand dealer shall record
the seller's name, residence address, and date of birth, gender,
height and weight.
[Ord. 6PSF-F, 12-17-2014]
No secondhand dealer shall remove, alter or obliterate any manufacturer's
make, model, or serial number, personal identification number, or
identifying marks engraved or etched upon a cell phone or wireless
communication device. In addition, no business shall purchase a cell
phone or wireless communication device where the manufacturer's
make, model, or serial number, personal identification number or identifying
marks engraved or etched upon the device has been removed, altered
or obliterated.
[Ord. 6PSF-F, 12-17-2014]
The records required under this chapter shall, at all times
during the secondhand dealer's business hours, be open to inspection
by any member of the Police force or designee.
[Ord. 6PSF-F, 12-17-2014]
In addition to any other penalty provided by law, any person,
firm, corporation, limited liability company, partnership or other
business entity or commercial establishment of any type whatsoever
violating the provisions of this chapter shall, upon conviction, pay
a fine of at least $100 but not more than $500 and may be subject
to imprisonment for not more than 60 days. A separate offense shall
be deemed committed on each transaction.
