§ 26-997. Secondhand dealers.

(a)

Every person engaged in the business of buying, selling, bartering or exchanging used or secondhand clothing, hats, shoes, any other wearing apparel, electronic equipment, cameras, power tools and computers intended to be resold for use as such shall be deemed a secondhand dealer, and every secondhand dealer shall be duly licensed as a merchant and shall also obtain a permit from the Chief of Police in accordance with Section 26-875. Every permit issued to a secondhand dealer shall authorize such dealer to sell or offer for sale used or secondhand clothing, hats, shoes, any other wearing apparel, electronic equipment, cameras, power tools and computers intended to be resold for use as such to others at retail only and not for resale. A separate permit shall be required for each definite place of business.

(b)

Every secondhand dealer selling only goods obtained through donations to or purchased directly from an organization identified by the Internal Revenue Service as a Section 501(c)(3) organization shall be exempt from Subsections (f), (g) and (h) of this section.

(c)

Every secondhand dealer who purchases secondhand or used merchandise exclusively from legitimate jobbers or wholesalers by invoice shall pay the retail merchant's license tax prescribed by Section 26-967 for the privilege of doing such business in the City. The requirements of Section 26-967 are hereby made a part of this subsection as if set out at length, and the requirements thereof shall apply to each secondhand dealer who shall comply therewith.

(d)

Every secondhand dealer who does not purchase secondhand or used merchandise exclusively from legitimate jobbers or wholesalers by invoice shall pay the retail merchant's license tax prescribed by Section 26-967 and shall pay an additional license tax of $75.00 for the privilege of doing such business in the City. The requirements of Section 26-967 are hereby made a part of this subsection as if set out at length, and the requirements thereof apply to each secondhand dealer who shall comply therewith.

(e)

No secondhand dealer shall at any time or under any circumstances buy goods, wares or merchandise from a minor.

(f)

Every person licensed under this section shall keep a permanent book in which shall be legibly written in ink in English at the time of the transaction the following:

(1)

The name of each person from whom such secondhand merchandise is purchased;

(2)

The date when the merchandise is purchased and received;

(3)

The residence or place of business of the person from whom such secondhand merchandise was purchased; and

(4)

A full description of the secondhand merchandise.

(g)

Every person licensed under this section shall furnish daily to the Chief of Police, in the manner prescribed by the Chief, a full account of each identifiable item purchased. Identifiable items shall include, but not necessarily be limited to, items with a serial number, any items with a special marking such as an engraved Social Security number, any items identified by brand name or model number, or both, or any one-of-a-kind item. The prescribed manner of reporting shall require at least the following information:

(1)

A full and complete list of all such articles bought, together with all marks, numbers, prints, letters and monograms on such articles;

(2)

The name, address and date of birth of the seller of any such article;

(3)

The seller's legible handwritten signature; and

(4)

A current photograph in color of the seller in the format prescribed by the Chief of Police.

(h)

Every person licensed under this section shall retain in such person's possession, open to the inspection of the Chief of Police or any police officer of the City, all articles purchased or acquired by such person for at least 15 days before disposing of the articles.

(Code 1993, § 27-438; Code 2004, § 98-771)

(Code 1993, § 27-438; Code 2004, § 98-771)