[Ord. No. 1863, 3-15-1983]
As used in this chapter, unless the context otherwise requires:
Means any item of property, that is possessed or valued because
of its character, craft, style, rarity, or association with an earlier
period of time, that is purchased from any person in any one day for
more than fifty ($50.00) dollars by an antique dealer. As herein defined,
"antique" does not include vehicles and components.
Means any person, engaged in, conducting, managing, or carrying
on the business of purchasing antiques, for the purpose of reselling
such antiques, from any person, not representing a bona fide licensed
business, who appears with such article at the dealer’s place
of business, and required to have a Lake Oswego business license.
Means any real person, partnership, association or corporation.
Means any metal or gem that is valued for its character,
rarity, beauty or quality, including gold, silver, platinum, diamonds,
rubies, emeralds, sapphires and pearls, and any other such gems, all
coins, all such gems and coins whether actual currency or commemorative
from all countries, whether as a separate item, in combination or
as a piece of jewelry.
Means any person engaged in, conducting, managing or carrying
on a business of purchasing precious metals or gems for the purpose
of reselling such items, from any person not representing a bona fide,
licensed business, who appears with such article at the dealer’s
place of business, and required to have a Lake Oswego business license.
Means to transfer property from a person, not representing
a bona fide, licensed business, to any dealer regulated by this chapter,
for any valuable consideration. Purchase does not include a consignment
of property for sale.
Means all used, worn-out, or discarded ferrous and non-ferrous
metals.
Means any person engaged in, conducting, managing or carrying
on a business for the purpose of purchasing and reselling scrap metal,
from any person, not representing a bona fide, licensed business,
who appears with such item at the dealer’s place of business,
and required to have a Lake Oswego business license.
Means any person, engaged in, conducting, managing or carrying
on a business for the purpose of purchasing and reselling any of the
following items or combinations thereof: (a) television; (b) hi-fi,
stereo, radios, tape recorders/players, (c) amplifiers, video recording
equipment and accessories; (d) cameras, projectors and accessories;
(e) tools; (f) office equipment including typewriters, calculators,
recorders, transcribers and computers; (g) guns and equipment; (h)
sewing machines; (i) jewelry; (j) clocks and watches; (k) silverware;
(l) air conditioners; (m) electronic testing, regulating and repair
equipment; (n) citizen’s band and walkie-talkie radio equipment;
(o) microwave ovens; (p) telephones; (q) musical instruments and (r)
items of a similar nature, from any person, not representing a bona
fide, licensed business, who appears with such article at the dealer’s
place of business, and required to have a Lake Oswego business license.
[Ord. No. 1863, 3-15-1983; Ord. No. 2890, Amended, 3-17-2022]
1.
All antique dealers, precious metal and gem dealers, scrap metal dealers, and secondhand dealers shall, at the time of purchasing any article from any person at the business for which they are regulated by this chapter, collect and record information required by this chapter concerning the article purchased upon a form which requires the information identified in subsection (4) of this section. In lieu of the use of forms supplied by the Lake Oswego Police Department, the dealer may utilize their own forms if such forms have been approved by the Lake Oswego Police Chief or designee. The dealer shall fill in all of the blank spaces on such form with such data as is required by the form and require the person selling any article regulated by this chapter to sign the form. The form shall be filled out in clearly legible printing. Further, property regulated pursuant to this chapter shall only be purchased by the dealer after the seller has presented proper identification. Since the information that is required to be furnished pursuant to this chapter to aid in the investigation of the theft of property is of a confidential nature and related to the personal privacy of persons doing business with such dealers, as well as certain trade secrets and practices of such dealers, such information shall be considered to be confidential and privileged from disclosure to the maximum extent possible under applicable laws.
2.
The
dealer’s copy of all such forms shall be retained for a period
of not less than one (1) year.
3.
Every person regulated by the provisions of this section shall mail or deliver to the Chief of Police or designee, at the close of each business day, all forms described in subsection (1) of this section, or legible copies thereof, describing articles purchased during that business day.
4.
The
record forms shall contain spaces for information, including, but
not limited to:
a.
Time,
date and place of purchase of each item.
b.
Name
of individual acting on behalf of dealer in making the purchase.
c.
Name,
date of birth and address of seller.
d.
Confirmation
of identification through a motor vehicle driver’s license,
state identification card or other identification card which contains
the seller’s photograph. The dealer shall include in the record
any identification numbers displayed on the identification; including
driver’s license number and state of issuance.
e.
The
consideration paid in exchange for the article purchased.
f.
Any
identifying number, mark, symbol, word, initials, name and/or setting
of the article.
g.
A
statement of ownership or that the seller, if other than the owner,
has the owner’s permission to sell the article.
h.
Signature
of seller declaring the statement to be true.
[Ord. No. 1863, 3-15-1983; Ord. No. 2890, Amended, 3-17-2022]
Any antique dealer, precious metal and gem dealer, scrap metal dealer, or secondhand dealer purchasing any article in the business for which they are regulated by this chapter shall affix to the article a tag upon which shall be written a number in legible characters, which number shall correspond to the number on the record forms required to be kept by LOC § 23.02.020.
[Ord. No. 1863, 3-15-1983; Ord. No. 2890, Amended, 3-17-2022]
1.
No
property purchased by an antique dealer, precious metal and gem dealer,
scrap metal dealer, or secondhand dealer, as regulated by this chapter,
shall be sold for a period of ten full calendar days after purchase.
The first day for counting purposes shall be the day following the
day of purchase. The property shall be maintained in substantially
the same form as purchased and shall not be commingled so as to preclude
identification during this ten-day holding period. Notwithstanding
this requirement, the Chief of Police or designee may authorize the
sale or transfer of such item before the expiration of this period
in cases in which it is shown that extreme financial hardship will
result from holding an item for the ten-day period.
2.
Whenever
the Chief of Police or designee, upon reasonable belief that the specific
property is the subject of theft, notifies in writing any antique
dealer, precious metal and gem dealer, scrap metal dealer or secondhand
dealer not to dispose of any specifically described property purchased,
the property shall be retained in substantially the same form and
shall not be sold, exchanged, dismantled, or otherwise disposed of
for a period of time, not to exceed 30 days, as determined by the
Chief of Police or designee.
[Ord. No. 1863, 3-15-1983]
Every antique dealer, precious metal and gem dealer, scrap metal
dealer or secondhand dealer shall keep a book register by date of
all articles required to be recorded and reported to the police. The
information required to be kept in such register shall consist of
date of purchase, name of seller and a description of the article.
[Ord. No. 1863, 3-15-1983; Ord. No. 2890, Amended, 3-17-2022]
All persons licensed to do business as an antique dealer, precious metal and gem dealer, scrap metal dealer or secondhand dealer, and any person employed by such dealer, shall permit the Chief of Police or designee, upon presentation of official identification, entry to such business premises for the limited purpose of inspecting any articles purchased in the business as regulated by this chapter and currently being held pursuant to LOC § 23.02.040, and/or the records incident thereto, to ensure compliance with the provisions of this chapter. Any such inspection shall only be authorized during normal business hours.
[Ord. No. 1863, 3-15-1983]
The provisions of this chapter shall not apply to transactions
between dealers, between a dealer and a wholesaler and between a dealer
and a manufacturer, provided the dealer, wholesaler and/or manufacturer
has an established place of business and can upon request of any police
officer display evidence of legitimate purchase or manufacture.
[Ord. No. 1863, 3-15-1983; Ord. No. 2231, Amended, 3-21-2000]
Any person who operates any business in violation of this chapter, fails to comply with the recording, tagging or holding requirements or refuses to permit an inspection of articles and records under LOC § 23.02.060 commits a civil violation. Each day that a violation continues to exist constitutes a separate violation. The filing of a civil violation complaint against an alleged violator does not preclude the filing of a criminal complaint, information or indictment in any appropriate court. The business license of a business may be revoked after the second and any subsequent determination by the municipal court that a violation of this chapter has been committed.
