§ 5-3-105. Report of acquired property; identification of seller.

(a)

Every pawnbroker, secondhand dealer, junk dealer and coin-currency dealer shall report all personal property which he has purchased, taken in trade, taken in pawn or accepted for auctioning to the chief of police not later than 12:00 noon of the day following the acquisition of such property.

(b)

Every person, or the agent, employee or representative of such person, who buys, sells, holds or receives in pledge any used or secondhand merchandise, junk, metals, precious metals, antiques or any personal property shall obtain evidence of the identity of the seller, including but not limited to such person's full name, signature, address, telephone number and driver's license number, and ascertain that the person selling or delivering the property has a legal right to sell, dispose of or pledge the property. The burden shall be upon the purchaser of the property to show that, before buying, receiving or otherwise obtaining such property, he made reasonable inquiry as to its ownership.

(c)

The following property is excepted from the report requirements of this section:

(1)

Property acquired in good faith in a transaction involving the stock in trade of another pawnbroker, secondhand dealer or coin-currency dealer who previously has made the report required by this section of such property included in the transaction and who states in writing that the report so required has been made, provided the acquiring party submits a copy of such statement to the chief of police. Each of the pawnbrokers, secondhand dealers or coin-currency dealers involved in the transaction shall retain a copy of the statement for a period of three years, and it shall be available for inspection by any law enforcement officer.

(2)

Property acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock in trade, in bulk, or a substantial part thereof, or an industrial or commercial enterprise for purposes of voluntary dissolution or liquidation of the seller's business, or for the purpose of disposing of an excessive quantity of personal property, or which has been acquired in a nonjudicial sale or transfer from an owner of his entire household of personal property, or a substantial part thereof; provided the pawnbroker, secondhand dealer or coin-currency dealer retains in his place of business for a period of three years a copy of the bill of sale, receipt, inventory list or other transfer document, which shall be available for inspection by any law enforcement officer; and provided, further, that the pawnbroker, secondhand dealer or coin-currency dealer notifies the chief of police within ten days after such acquisition that exemption from reporting is being claimed under this section. The terms "industrial or commercial enterprise" and "owner," as used in this subsection, do not include a pawnbroker, secondhand dealer or coin-currency dealer.

(3)

Property acquired in a sale made by any trustee in bankruptcy, executor, administrator, receiver or public official acting pursuant to law, or which has been acquired in a sale made pursuant to the liquidation of any lien in the manner authorized by law.

(4)

Property acquired in good faith as part or complete payment for other personal property by a person whose principal business is primarily that of selling or trading personal property directly to the consumer; provided, however, that in such transaction no consideration other than stock in trade shall pass from the business enterprise to the person trading or exchanging the used item.

(5)

Property acquired directly from a governmental body or agency by purchase.

(6)

Property otherwise previously reported by a pawnbroker, secondhand dealer or coin-currency dealer to any federal, state or local governmental officer or agency by the authority of any other law as an acquisition or a purchase, or which has been reported as destroyed or otherwise disposed of.

(7)

Property acquired as a gift by a donee for charitable or eleemosynary purposes.

(Ord. No. 90-11, § 5, 3-6-90)