[Adopted 12-18-2007 by Ord. No. 2270.1[1]]
A.
Except as provided in Subsection B hereof, no person shall engage in the business of being an antique or secondhand dealer without procuring a license from the City Treasurer. An antique or secondhand dealer's license term is from April 1 to March 31 of each year.
B.
No individual shall be required to obtain a license under this subsection who engages in isolated or occasional purchases or sales of those items set forth in § 156-18 hereof, provided that such person maintains no place of business within the city, engages in no promotion or advertising and can prove by appropriate records that total sales of the previous year did not exceed $1,500.
C.
Notwithstanding any provisions herein contained, no person
engaged in a business licensed or regulated hereunder shall be required to
comply with any provisions of this chapter in order to participate in an organized
antique or art show or exhibit.
As used in this article, the following terms shall have the meanings
indicated:
Except as provided in Subsection B hereof, any person who either wholly or in part engages in or operates the trade or business of buying and/or selling used goods such as antiques, precious stones, metals, jewelry, any tools, any electrical devices, fixtures, appliances, household goods, firearms and bric-a-brac. The foregoing enumeration of articles, goods and property shall not be deemed to be exclusive or all-inclusive.
Subsection A hereof shall not be deemed to include:
Judicial sales or sales or purchases by or from executors or administrators
in conjunction with the settlement of an estate;
Sales of unredeemed pledges by or on behalf of licensed pawnbrokers
in the manner prescribed by law;
Occasional or auction sales of household goods sold from private homes;
Auctions of real estate;
The buying or selling of printed or recorded material; or
The taking in trade by a business of an item of a like kind to items
which such businesses sell as the principal or substantial part of their business.
Includes any person who:
Engages in the business of lending money on the deposit or pledge of
personal property other than choses in action, securities or written evidence
of indebtedness;
Purchases personal property with an express or implied agreement or
understanding to sell it back at a subsequent time at a stipulated price;
or
Lends money upon goods, wares or merchandise pledged, stored or deposited
as collateral security.
An article or articles deposited with a pawnbroker as security for
a loan in the course of his business.
The person who obtains a loan from a pawnbroker and delivers a pledge
into the possession of a pawnbroker, unless such person discloses that he
is or was acting for another, in which case a "pledgor" means the disclosed
principal.
Any articles or goods that are purchased, salvaged or received from
any person, association, copartnership or corporation.
A.
Each antique or secondhand dealer shall keep a book legibly
written in the English language at the time of acquiring articles in the course
of business, which book shall give:
(1)
An accurate description, including brand names, model
number, serial number, inscribed initials, dates, names and any other forms
of identification, of the article purchased, salvaged or received.
(2)
The name, age, description and address of the person
selling, transferring or trading in the same.
(3)
In the case of a pawnbroker, the date and time within
which such pawned or pledged article is to be redeemed.
(4)
In the case of a pawnbroker, the amount of money lent
or paid therefor.
B.
Said records shall be furnished to the Bradford City
Police Department upon request.
A.
No antique or secondhand dealer shall sell or dispose
of in any way any of the following secondhand articles or goods: antiques,
precious stones, jewelry, watches, gold, platinum, silver or other precious
metals, or any similar articles or things, until seven days have elapsed after
the purchase of the same.
B.
It shall be an affirmative defense to any prosecution
or administrative proceeding brought for a violation of this section that,
in the case of precious metals, retention for the time period required would
have resulted in serious and substantial economic losses to the dealer, or
the probability of such losses was significant, due to rapid and highly fluctuating
market conditions, provided that the persons so charged shall prove the existence
of the market conditions giving rise to the aforesaid defense by preponderance
of the evidence. Market conditions, in order to be a defense hereunder, shall
be such that financial analysts would characterize trading as at or approaching
a level or occurrence in an atmosphere of panic so as to clearly distinguish
trading conditions from normal variations in market movement in response to
economic news or other events.
No antique or secondhand dealer shall purchase any article from any
person under the age of 18 or from any intoxicated person or from known thieves.
If any antique or secondhand dealer or pawnbroker shall be convicted
of robbery, burglary, theft, receiving stolen goods or any other crime involving
the unlawful obtaining of personal property, the City Council shall, after
notice and hearing, revoke his license.
The fee for the issuance of an antique dealer, secondhand dealer or
pawnbroker license shall be $20.
