Auctions — See Ch. 141.
Hawkers, peddlers and solicitors — See Ch. 280.
Junkyards — See Ch. 320.
Licenses and business regulations — See Ch. 332.
Mercantile businesses — See Ch. 343.
Sale of motor vehicles — See Ch. 558.
Zoning — See Ch. 577.
§ 460-3Vehicles for purchasing or selling.
§ 460-5Location of business.
§ 460-6Signs required.
§ 460-7Pawns and pawnbroker's licenses.
§ 460-8Receiving goods from minors.
§ 460-9Lost or stolen articles.
§ 460-10Hours of operation.
§ 460-11Record of purchases to be kept
§ 460-12Failure to comply.
§ 460-13Violations and penalties.
As used in this chapter, the following terms shall have the meanings indicated:
- SECONDHAND STORE
- A store in which the keeper or operator thereof purchases and sells used and secondhand clothing, furniture, appliances, goods, wares and merchandise, where used merchandise comprises at least 70% of the total inventory.
This chapter shall not apply to any storekeeper whose primary business is the retail sale of new clothing, furniture, appliances, goods, wares or merchandise, nor to the occasional sale of used merchandise as an accommodation or incident to said primary business.
This chapter shall not apply to the junkyard or junk dealer business, the licensing and regulation of which are governed by the provisions of Chapter 320 of this Code.
No licensee under this chapter shall keep, use or drive a motor vehicle or any other vehicle in the City for the purpose of purchasing, hawking or selling from said vehicle any items or articles enumerated in the definition of "secondhand store."
Every person to whom such a license is granted shall present a bond to the City, with good and sufficient surety to be approved by the City Attorney, in the sum of $500, conditioned for the due observance of all the provisions of this chapter while said license shall remain in force and effect.
No licensee shall carry on the business of a secondhand storekeeper at any place other than the one designated in the license.
If any licensee shall remove his shop or place of business from the place designated in the license, he shall immediately give notice thereof to the Bureau of License Inspections and shall have the new location and address endorsed upon such license. The number of his shop or place of business shall thereupon be changed on the motor vehicle used by such licensee in connection with the licensed business and made to correspond with such change of address; provided, however, that no licensee under this chapter shall keep, use or drive a motor vehicle in violation of the provisions of § 460-3 above.
Every licensee shall have and keep a sign on the outside and in front of his store or other place used by him for carrying on such business, on which shall be plainly set forth in conspicuous letters his name and his licensed business.
No licensee shall receive, in the line of his business, any article or thing by way of pledge or pawn, nor shall he loan or advance any sum of money on the surety of any such article or thing.
No licensee shall, during the continuance of his license under this chapter, receive or hold a license to carry on the business of pawn broker, and in the event of a violation of this subsection, the license issued under this chapter shall be deemed forfeited forthwith.
No licensee shall receive or purchase any goods, articles or things whatsoever from any minor under 18 years of age.
If any goods, articles or things shall be advertised in any daily newspaper printed and published in the City as having been lost or stolen, and if the goods, articles or things answering to the description of the goods, articles or things so advertised, or any part or portion thereof, shall be or shall thereafter come into the possession of any licensee, he shall forthwith give information thereof, in writing, to the office of the Chief of Police, and he shall also state from whom the same was received and shall not offer the same for sale without the written approval of the Chief of Police.
Every licensee who shall receive or be in possession of any goods, articles or things which may have been lost or stolen, or which are alleged or supposed to have been lost or stolen, shall forthwith, on demand, exhibit the same to the Supervisor of License Inspections, the Chief of Police or any Municipal Court Judge or any Judge of any criminal court or any policeman who may be authorized by any of the aforementioned officers or Judges to make such a demand.
No licensee shall receive or purchase, in the course of his business, any goods, articles or things from any person between the hours of 6:00 p.m. and 7:00 a.m.
Every licensee shall provide and keep a book, in which shall be clearly written, at the time of each purchase, a description of the article so purchased, the name and residence address of the person from whom such purchase was made and the day and hour of such purchase. Said book shall, at all reasonable times, be open to inspection of the police and inspectors of the Bureau of License Inspections or of any person who shall be duly authorized, in writing, for that purpose by the Police Chief, and who shall exhibit such written authority to the licensee.
It shall be unlawful for any person, as defined in § 332-1, to engage in the activity identified and regulated by this chapter, without first having obtained a license therefor and paid the fee required for such license, both as provided in Chapter 332, Licenses and Business Regulations. Any person engaging in such activity who shall fail to comply with any provision of this chapter or of Chapter 332 shall be in violation of the provisions of this chapter.
Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-16A.
A separate offense shall be deemed committed on each and every day for each and every violation of this chapter.
A separate offense shall be deemed committed on each day during or on which a violation or violations occur or continue.