Sec. 86-511. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Precious or semiprecious metals or stones means such metals as, but not limited to, gold, silver, platinum, and pewter and such stones as, but not limited to, alexandrite, diamonds, emeralds, garnets, opals, rubies, sapphires, and topaz. for the purposes of this article, ivory, coral, pearls, jade, and such other minerals, stones, or gems as are customarily regarded as precious or semiprecious are deemed to be precious or semiprecious stones.
Private collector means a person who purchases an item for a price based on the value of the article as a historical item rather than the prevailing market price of the item's metallic or stone composition; who has an interest in preserving the item in its unique or historical form and who does not alter the form of the article; and whose primary purpose is to keep the article in a collection or to sell to another collector.
Secondhand dealer means any person whose principal business is that of engaging in selling or trading secondhand property. The term "secondhand dealer" also includes any person whose principal business is not that of engaging in selling or trading secondhand property, but:
(1) Who sells or trades secondhand property through means commonly known as flea markets or any similar facilities in which secondhand property is offered for sale or trade;
(2) Who sells or trades secondhand property from a nonpermanent location, including, but not limited to, any booth used on a temporary basis at a flea market or any similar facility; or
(3) Who purchases for resale any secondhand property, the sale or trade of which equals or exceeds $30.00 in value per item or which carries a manufacturer number, serial number, or other identifying mark.
(4) Who purchases any secondhand property in the form of precious or semiprecious metals or stones.
The term "secondhand dealer" does not include:
(1) A person selling or trading secondhand property so long as such property was not originally purchased for resale and so long as such person does not sell or trade secondhand property more than five weekend periods in any one calendar year, as verified by a declaration to be prepared by the seller. For the purposes of this subsection, "weekend period" means Friday through the immediately following Monday;
(2) A person doing a regularly organized wholesale or jobbing business and known to the trade as such and selling to retail merchants, jobbers, dealers, or other wholesalers for the purpose of resale, known as "wholesalers," and who is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer number or serial number;
(3) A person or organization selling or trading secondhand property at an exhibition or show which is intended to display and advertise a particular commodity or class of products, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows, and recreational vehicle shows;
(4) A person or organization which is charitable, nonprofit, recreational, fraternal, or political in nature or which is exempt from taxation pursuant to section 501(c)(3) of the Federal Internal Revenue Code of 1986, as amended;
(5) A person selling or trading firewood, Christmas trees, plants, food products, agricultural products, fungible goods, pets, livestock, or arts and crafts, excluding jewelry and items crafted of gold or silver, if sold or traded by the artist or craftsman, his or her immediate family, or regular employees;
(6) A person who sells new goods exclusively, is in the business of selling such goods, is in all respects a retailer of such goods, and holds a valid retail seller's license issued by the city;
(7) An antique dealer who sells antiques, has a valid retail seller's license issued by the city, and sells such antiques from a permanent storefront location;
(8) A person who owns or operates a junk yard or salvage yard, is in the business of selling junk or salvage, and holds a valid retail seller's license issued by the city, unless such person engages in selling or trading secondhand property as defined in this section;
(9) A person who is a retailer or a wholesaler as defined in section 130-31, and is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer or serial number;
(10) A person who is a private collector;
(11) A person who purchases precious or semiprecious metals or stones exclusively in interstate commerce and who has paid by check mailed to the seller in another state, if a record of the check by which payment was made and the name and address of the seller is maintained for a period of three years; or
(12) A retail merchant who, in a retail transaction involving the sale of precious or semiprecious metals or stones, receives other precious or semiprecious metals or stones as a trade-in and credits the retail purchaser with the value thereof if the retail purchaser provides proof satisfactory to the retailer that the precious or semiprecious metals or stones were originally purchased from that retailer.
Secondhand property means the following items of tangible personal property sold or traded by a secondhand dealer:
(1) Audio-visual equipment, including, but not limited to, cameras, camera lenses, slide or movie projectors, projector screens, flashguns, enlargers, tripods, binoculars, telescopes, microscopes, televisions, phonographs, tape recorders, video recorders, radios, tuners, speakers, turntables, amplifiers, record changers, compact discs and disc players, citizens band broadcasting units and receivers, video games and game systems, telephones, cellular telephones, pagers, and other telecommunication devices;
(2) Tools, guns, jewelry, coins, luggage, boots, furs, and sporting equipment, including, but not limited to, skis, ski poles, ski bindings, and golf clubs;
(3) Business equipment, including, but not limited to, typewriters, adding machines, calculators, computers, computer software and accessories, portable air conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, telephone facsimile machines, and sewing machines;
(4) Bicycles, bicycle frames, bicycle derailleur assemblies, bicycle hand brake assemblies, and other bicycle components;
(5) Any other item of tangible personal property which is marked with a manufacturer or serial number, or other identifying mark, or gift cards, or the selling price of which is $30.00 or more;
(6) Precious or semiprecious metals or stones; and
(7) Catalytic converters or catalytic converter components purchased with a value of more than $30.00.
Transaction means any purchase or trade of secondhand property made by the secondhand dealer, agent or employee, as recorded pursuant to section 86-516 of this Code. Each required record made per customer shall constitute a single transaction regardless of the number of items exchanged.
Transaction fee means a fee paid by a customer in an amount established by the director in accordance with the provisions of section 2-587 of this Code used to offset the cost of the electronic reporting system designated by the City. Each record of any purchase or trade of secondhand property from an individual customer constitutes a single transaction and a single transaction fee, regardless of the number of items exchanged. (Ord. No. 2022-49, § 1, 10-10-2022; Ord. No. 2012-55, § 1, 1-7-2013; Ord. No. 2002-17, §§ 1, 2, 4-15-2002; Ord. No. 99-14, § 1, 4-19-1999; Ord. No. 98-86, § 17, 11-30-1998)