(1)
No person shall establish, maintain or operate a used merchandise dealer business within the city unless a license for that use is obtained from the city. Every place or building where a used merchandise dealer carries on, shall be deemed a used merchandise dealer subject to the provisions of sections 7.100 to 7.112. Each licensee shall meet the applicable standards as described in sections 7.000 to 7.112.
[Section 7.100 amended by Ordinance No. 6205, enacted September 17, 2007]
Each licensee shall be required to pay the applicable license
fee as set by Resolution of the Common Council.
[Section 7.102 amended by Ordinance No. 6205, enacted September 17, 2007]
(1)
As used
in this section, the following words and phrases mean:
(a)
Approved
Identification. A currently valid identification issued by an agency
that includes a physical description and photograph of the person
and bears the signature of the person.
(b)
Chief
of Police. The person authorized by the city manager to carry out
the duties of the chief of the Springfield Police Department, or his
or her designee.
(c)
Peace
Officer. As defined in ORS 133.005.
(d)
Purchase.
The buying, exchanging, transferring, collecting, consigning or otherwise
acquiring of regulated property from another person not a used merchandise
dealer, for resale, exchange or transfer by the purchaser. This includes
taking possession of regulated property with an expressed or implied
agreement or understanding to return regulated property at a subsequent
time at a stipulated price or for the payment of a storage or handling
fee.
(e)
Regulated
Property.
1.
Except
for property excluded in subsection (e)(2) below, any used or secondhand
personal property, including, but not limited to, precious metals
and gems; watches, jewelry, and household items containing precious
metals or precious gems; audio and video equipment and media; photographic
and optical equipment; electrical office equipment; yard and garden
tools; power equipment and tools; hand tools; telephones or telephone
equipment; musical instruments; firearms; collectible coins, paper
money or tokens.
2.
The
term “regulated property” does not include any of the
following property: vehicles required to be registered with the state
Motor Vehicles Division; boats required to be certified by the state
Marine Board; transactions conducted by financial institutions as
defined by 31 CFR Section 103.11 and by credit unions as defined by
12 CFR Section 700.2(d), books and books on tape; collectable trading
cards (e.g., baseball trading cards or movie trading cards); glassware;
furniture; clothes; refrigerators, stoves, washers, dryers, window
air conditioner units, and other similar major household appliances;
small kitchen appliances; or property that is purchased for investment
purposes, limited to the following:
(f)
Used
Merchandise Dealer.
2.
A
used merchandise dealer does not include:
a.
A person who engages in, conducts, manages, or carries on any business
that does not buy regulated property outright, but occasionally accepts
in trade regulated property as part or full payment for new articles,
where such business is incidental to the primary business of the sale
of new articles;
b.
A person who engages in, conducts, manages, or carries on any business
that deals exclusively in the purchase and sale of used whole automobiles,
books or books on tape, trading cards and sports memorabilia, clothing,
furniture, major household electric or gas appliances, or farm implements
and machinery; or
c.
A person who engages in, conducts, manages, or carries on any nonprofit
corporation or association that purchases, sells or otherwise exchanges
only donated articles;
d.
A person whose purchases do not exceed 10 items of used merchandise
each month; or
(2)
Recording
Requirements.
(a)
At
the time of purchase, a used merchandise dealer shall accurately record
the description of the regulated property purchased and the approved
identification of the person from whom the regulated property was
purchased.
(b)
Used
merchandise dealers shall record purchases of regulated property via
an automated electronic reporting system approved by the city.
(c)
All
records of purchases shall be kept in an orderly manner on the used
merchandise dealer’s business premises and open for reasonable
inspection by peace officers upon their demand. Each used merchandise
dealer shall keep a paper record of each purchase bearing the signature
of the customer for a period of one year.
(3)
Reporting
Requirements.
(a)
Within
12 hours of a purchase, a used merchandise dealer shall input and
transmit the recorded information required under subsection (2) using
the automated electronic reporting system approved by the city.
(b)
Only
reports containing complete information shall be deemed to comply
with this section.
(c)
In the event that the automated electronic reporting system becomes inoperable, a used merchandise dealer’s computer system becomes inoperable, or other event that makes reporting within the time allowed by subsection (a) of this subsection impossible, the used merchandise dealer shall immediately report the occurrence of such event to the chief of police. The chief of police may suspend the reporting requirements of subsection (a) of this subsection for a reasonable period until electronic reporting can resume. Once the chief of police determines that reporting can resume, used merchandise dealers must, within 12 hours, input and transmit the information required under subsection (2) for all purchases made during any period reporting was suspended by the chief of police using the approved automated electronic reporting system.
(4)
Reporting
Fees. The common council shall, by resolution, establish fees for
the use of an automated electronic reporting system. Such fees shall
reflect the costs associated with providing electronic automated reporting
system services to used merchandise dealers. Used merchandise dealers
shall be charged the fees on an annual basis, and the fees shall become
due 45 days after the date billed.
(5)
Limitations
on the Purchase of Regulated Property.
(a)
A
used merchandise dealer shall not:
1.
Purchase
regulated property with serial numbers, personalized inscriptions
or initials, or other identifying marks, which are or have been altered,
obliterated, removed, or otherwise rendered illegible;
2.
Purchase
regulated property from a person under the age of 18 years;
3.
Purchase
regulated property from a person who is obviously under the influence
of drugs or intoxicating liquor; or
4.
Knowingly
purchase regulated property from a person who is not the owner of
the regulated property or parent or guardian of the owner of the regulated
property.
(b)
A
used merchandise dealer shall comply with all applicable federal,
state, and local laws and regulations.
(6)
Limitations
on the Sale of Regulated Property.
(a)
Regulated
property purchased by any used merchandise dealer shall not be sold
for a period of seven full days after the date the report required
in subsection (3) is received by the city. The used merchandise dealer
shall maintain the purchased property in substantially the same form
as purchased and shall not commingle the property in a manner that
precludes identification during this seven-day holding period. The
purchased property shall be located on the business premises during
normal business hours during this holding period so that it can be
inspected as provided in subsection (7).
(b)
Upon
reasonable belief that the purchased property is the subject of theft,
the chief of police may provide notice to any used merchandise dealer
not to dispose of any specifically described property purchased. The
used merchandise dealer shall retain the property in substantially
the same form as purchased. Upon receipt of notice pursuant to this
subsection, the used merchandise dealer shall not sell, exchange,
dismantle or otherwise dispose of the property for a period of time,
as determined and stated in the notice by the chief of police, not
to exceed 180 days from the date of purchase.
(7)
Inspection of Used Merchandise Dealers and Regulated Property. Upon presentation of official identification, any peace officer may enter onto the business premises of any used merchandise dealer to ensure compliance with the provisions of subsections (1) through (6). The inspection shall be for the limited purpose of inspecting any regulated property purchased by the dealer, held by the dealer pursuant to subsection (6), or the records incident thereto. Any inspection pursuant to this subsection shall only be authorized to occur during normal business hours.
(8)
Enforcement.
Any peace officer may enforce the provisions of this section.
[Section 7.104 added by Ordinance No. 6205, enacted September 17, 2007]
(1)
A record
of purchase form shall be completed at the time of purchase or consignment
of goods immediately upon delivery of the goods to the licenses business
premises. The forms provided to the licensee shall be completed in
a legible manner, providing all the information called for on the
form. The licensee shall keep them in orderly manner, open for the
inspection of and delivery to police officers upon their demand.
(2)
The
record of purchase forms shall be provided by the city for the ready
identification of all goods purchased or consigned by or through the
licensed business and shall contain:
(a)
Name
of business;
(b)
Date
of the transaction;
(c)
Time
of the transaction;
(d)
Name
of the employee or owner transacting the business;
(e)
Amount
to pay for the goods;
(f)
A
detailed description and quantity of each article, including but not
limited to brand, name, color, model, and serial number;
(g)
Name
and address of the seller;
(h)
A
physical description and birth date of the seller;
(i)
Reference
to valid photographic identification of the seller; and
(j)
The
signature of the seller.
(3)
The
licensee shall require persons pawning or selling merchandise to sign
the record of purchase form.
[Section 7.106 amended by Ordinance No. 6205, enacted September 17, 2007]
No purchase or consignment of items subject to sections 7.100 to 7.112 may be made from any person under the age of 18 years, unless the person has obtained the age of majority by being married according to law. No purchase or consignment may be made from any person incapable of intelligent dealing or under the influence of narcotic drugs or intoxicating liquor.
[Section 7.108 amended by Ordinance No. 6205, enacted September 17, 2007]
(1)
All used goods purchased or consigned by the licensee shall be segregated in a manner as to permit their ready identification by the record required in sections 7.104 and 7.106, for a period of seven days after purchase or consignment. A police officer may at any time order the licensee to hold any goods for a period not to exceed 10 days when the police officer has a reasonable suspicion to believe the goods are stolen.
(2)
A person
conducting an antique/secondhand business shall store all used articles
in either a building or an enclosure surrounded by a solid wall or
painted board fence at least six feet high and of such character as
to prevent view of the used goods or articles from without the property.
(3)
The
wall or fence shall be maintained in a good condition and in good
repair at all times.
(4)
As used
in this section, to store or storage is that supply of used articles
that is set aside for or awaiting future sale. The requirements of
this section do not apply to the display for sale of used articles
or goods for periods of time not exceeding 24 consecutive hours.
[Section 7.110 amended by Ordinance No. 6205, enacted September 17, 2007]
Violation of any of the requirements in sections 7.100 through 7.110 is subject to punishment as provided in the Springfield Municipal Code. In addition to the remedies provided in the Springfield Municipal Code, additional proceedings may be instituted, including but not limited to proceedings for injunctive relief, to enforce the provisions of section 7.100 through 7.110.
[Section 7.112 added by Ordinance No. 6205, enacted September 17, 2007]
