As used in this chapter, the following terms shall have the meanings
indicated:
SECONDHAND DEALER
Any person or company which engages in the business of purchasing,
selling or otherwise dealing in, whether as a principal or an agent, secondhand
articles of precious metals, jewelry and/or firearms. Pawnbrokers, precious
metals dealers and transient merchants, for the purposes of this chapter,
shall be classified as secondhand dealers.
SECONDHAND PROPERTY
Any precious metals, jewelry or firearms which are not new which
have been previously sold or offered for sale, including but not limited to
watches, rings and all other jewelry and firearms.
Each secondhand dealer shall retain possession of any secondhand property
purchased by that dealer in an unaltered condition for a period of 10 calendar
days following the purchase. However, this section may not be interpreted
to limit the right of the secondhand dealer to transfer ownership of the secondhand
property before the end of the ten-day holding period, as long as the dealer
retains physical possession of the secondhand property for the remainder of
the ten-day holding period. Further, this section shall not prevent secondhand
dealers from allowing the true owner of an article of secondhand property
to redeem, repurchase or recover the article at any time within the ten-day
holding period.
No secondhand dealer may purchase any secondhand property from any intoxicated person, any person under the age of 18 years or any person providing obviously false information pursuant to §
169-3.
No secondhand dealer shall have his or her shop or store open for the
transaction of business nor shall he or she purchase any used precious metals,
jewelry or firearms from persons other than other licensed dealers between
the hours of 10:00 p.m. and 7:00 a.m.
Every person wishing to obtain a license shall file with the City Clerk
an application, supplied by that office, containing the following information:
A. The name and description of the applicant. Individuals
operating under a trade name shall present a certified copy of the trade name
certificate. A partnership conducting a business, whether or not under a trade
name, shall submit a photostatic copy of the partnership certificate; a corporation
shall furnish a photostatic copy of its certificate of incorporation.
B. A statement as to whether or not the applicant has within
the past 10 years been convicted of any crime or violation of any municipal
ordinance.
C. The name and address of the owner or owners of the business
premises where the secondhand dealer conducts business.
D. A corporate applicant shall furnish the name, address
and title of the officers of the corporation or the designated agent of service
upon whom process or other legal notice may be served.
Any person, firm, association or corporation or other legal entity who
violates any of the provisions of this chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be subject to a fine not to
exceed $500 or imprisonment not to exceed 60 days, or both.