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(a) Every secondhand dealer shall make a record of each purchase or trade of secondhand property made by such dealer, or any agent or employee thereof. Such record and any secondhand property in the possession of such dealer as the result of such transaction shall be made available to the police department or any other law enforcement agency for inspection at any reasonable time. The secondhand dealer shall electronically deliver the record of the purchase or trade to the police department within one day following the date of such purchase or trade through the use of an electronic system designated by the City. The secondhand dealer shall keep a copy of the record of the purchase or trade for at least three years after the date of such purchase or trade as a hard copy retrievable upon request.

(b) The record required by this section shall be made in writing and/or electronically on forms approved by the police department that shall contain the following information:

(1) The name, address, and date of birth of the seller or trader;

(2) The date, time, place, and transaction number of the purchase or trade;

(3) An accurate and detailed account and description of each item of tangible personal property purchased or traded, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item;

(4) The identification number from any of the following forms of identification of the seller or trader:

a. A valid Colorado driver's license;

b. An identification card issued in accordance with C.R.S. § 42-2-302;

c. A valid driver's license, containing a picture, issued by another state;

d. A military identification card;

e. A valid passport; or

f. An immigration registration card;

(5) The signature and a clear and identifiable imprint of the right index finger of the seller or trader; provided, however, that no such imprint shall be required with regard to the purchase or trade of any of the items listed in subsection (c)(3) of this section;

(6) A declaration by the seller or trader that he or she is the rightful owner of the item sold or traded and the length of time he or she has owned the item;

(7) A declaration by the secondhand dealer that he or she has knowledge of the requirement that he or she deliver a record of the purchase or trade to the police department through the use of an electronic system designated by the City, as required by subsection (a) of this section.

(c) 

(1) Except as otherwise provided in this subsection (c), a secondhand dealer shall hold all property acquired through purchase or trade by the dealer for a value of $500.00 or more, which is not marked with a manufacturer or serial number for 15 days following the date of purchase or trade.

(2) Except as otherwise provided in this subsection (c), a secondhand dealer shall hold all property which is marked with a manufacturer or serial number for 15 days following the date of the purchase or trade.

(3) Notwithstanding anything above to the contrary, there shall be no holding period for video games, compact discs, digital video discs, video and audio tapes, musical instruments, books, and computer software acquired by a secondhand dealer through purchase or trade. In lieu of such holding requirement for musical instruments, the secondhand dealer or purchaser shall be required to record the identity of any person to whom he or she transfers any such musical instrument and the date, time, and place of such transfer.

(4) Except as otherwise provided in subsection (c)(5), a purchaser of precious or semiprecious metals or stones shall hold the precious or semiprecious metals or stones for 30 days following the date of the purchase or trade.

(5) Stamped and assayed gold and silver bullion and gold coins shall not be subject to the holding requirement imposed by subsection (c) of this section. In lieu of such requirement, the secondhand dealer or purchaser shall be required to record the identity of any person to whom he or she transfers any such bullion or coins and the date, time, and place of such transfer.

(6) During any holding period described by any subsection above, such property shall be held separate and apart from all other tangible personal property in possession of such dealer and shall not be changed in form or altered in any way. All tangible personal property acquired by a secondhand dealer through purchase or trade shall be marked with the transaction number associated with such purchase or trade as recorded on the forms approved by the police department.

(d) Every owner or operator of a flea market or similar facility in which secondhand property is offered for sale or trade shall provide the following to each secondhand dealer operating at such facility:

(1) A form approved by the police department summarizing the requirements of this division pertaining to the secondhand dealer business; and

(2) The forms for recording the information required by subsection (b) of this section.

Such owner or operator shall reimburse the city for the reasonable cost of all forms required to be provided to secondhand dealers pursuant this subsection.

(e) Every owner or operator of a flea market or similar facility in which secondhand property is offered for sale or trade shall record the following information:

(1) The name and address of each secondhand dealer operating at the flea market or similar facility;

(2) The identification number of such dealer as obtained from any of the forms of identification enumerated in subsection (b)(4) of this section;

(3) The signatures of both the owner or operator of the facility and the secondhand dealer; and

(4) The date on which the forms required by subsection (d) of this section were provided to the secondhand dealer by the owner or operator of the facility;

(f) Each record required to [be] made by subsection (e) of this section shall be delivered through the use of an electronic system designated by the City by the owner or operator of the flea market or similar facility to the police department within one day following the date a secondhand dealer first offers secondhand property for sale or trade at such facility through the use of an electronic system designated by the City. A copy of such record shall be retained by such owner or operator for at least one year after the date a secondhand dealer last offers secondhand property for sale or trade at the flea market or similar facility.

(g) When any secondhand dealer is found to be in possession of any stolen property, he or she shall return such property to the owner thereof without requiring payment of any amount advanced thereon by such dealer.

(h) When a seller or trader sells more than one catalytic converter or the components of more than one catalytic converter at one time or in short succession, the secondhand dealer shall require the seller to provide a copy of the seller's state sales tax license demonstrating that they are in the business of mechanic, automotive repair or similar business. (Ord. No. 2022-49, § 2, 10-10-2022; Ord. No. 2013-32, § 1, 10-14-2013; Ord. No. 2012-55, § 2, 1-7-2013; Ord. No. 2002-17, § 7, 4-15-2002; Ord. No. 2000-08, § 3, 2-14-2000; Ord. No. 98-86, § 17, 11-30-1998)