HomeMy WebLinkAboutAdmin Order 56-06-02-F w/exhibitADMINISTRATIVE ORDER NO. 56-06-02-F
of the
City Manager
City of Eugene, Oregon
ADOPTING USED MERCHANDISE DEALER
ADMINISTRATIVE RULE R- 4.989.
The City Manager of the City of Eugene finds that:
A. Section 2.019 of the Eugene Code, 1971 ( "EC "), authorizes the City Manager to
adopt rules for implementation of any provisions of that Code. In addition to that authority, EC
4.989, which was adopted by Ordinance No. 20361 on February 15, 2006, specifically authorizes
the City Manager to adopt rules regarding the implementation of an electronic reporting system
for used merchandise dealers.
B. Following the procedures set forth therein, on October 3, 2006 I issued
Administrative Order No. 56 -06 -02 proposing the adoption of Used Merchandise Dealer
Administrative Rule R -4.989 as set forth therein.
C. Notice of the proposed adoption was given by making copies available to any
person who had requested such notice and by publication thereof in the Register Guard, a
newspaper of general circulation within the City for five consecutive days, to wit: October 9, 10,
11, 12, 13, 2006. The Notice provided that written comments would be received thereon for a
period of 15 days from the date of the first publication. Only one comment was received within
the time or in the manner provided in the notice, to which I make the following findings:
Comment Lance Barkley submitted a letter requesting consideration of six separate
questions prior to implementation of the administrative rule. However, only question (1),
which asked why they were being required to keep paper records if they were required to
pay the City for the services of Business Watch International for the automated
transmission of second -hand dealer transactions, and an unnumbered comment
questioning being threatened with jail, relate to the subject matter of the administrative
rule, to which I make the following response:
Finding Question (1): The requirement to maintain paper records is imposed by
ordinance as codified in Section 4.989 of the Eugene Code, 1971. The reference in the
administrative rule is to that Code requirement, which cannot be waived or altered by
administrative rule. With respect to being threatened with jail, the only reference in the
administrative rule to enforcement is contained in R- 4.989 -A.3, which provides failure to
fully and accurately complete a reporting form shall constitute a violation as set out in EC
4.989(10). The penalty for such a violation is a fine of not more than $360 and /or
proceedings seeking injunctive relief. No provision is made for imposing a jail sentence.
No changes have been made to the administrative rule as a result of these comments.
Administrative Order - 1
Based upon the above findings, the findings in Administrative Order 56- 06 -02, and the
authority of EC 2.019 and 4.989(8), I hereby adopt Used Merchandise Dealer Administrative
Rule R -4.989 to provide:
USED MERCHANDISE DEALER
ADMINISTRATIVE RULE R -4.989
R- 4.989 -A Reporting Form.
1. Reports required under EC 4.989(3) shall be submitted via the City's electronic
reporting system. The electronic reporting system shall provide an electronic reporting form that
contains the information required in Exhibit A.
2. Under the circumstances provided for in EC 4.989(3)(c), when electronic
reporting is unavailable, used merchandise dealers shall manually record all purchases of
regulated property on paper forms containing the information required in Exhibit A.
3. As provided in EC 4.989(3)(b), only forms completed fully and accurately with
the information required in Exhibit A shall be deemed to comply with the reporting requirements
of EC 4.989(3). Failure to fully and accurately complete a reporting form shall constitute a
violation as set out in EC 4.989(10).
R- 4.989 -13 Contesting Release of Seized Property
1. Property seized by the City from a used merchandise dealer shall be released as
directed by a court with jurisdiction over the property. If no court has jurisdiction over the
property, the City may release seized property to a person the City reasonably believes is the
owner of the property after a notice of the City's intent to release the property is sent to the used
merchandise dealer from whom the property was seized and after the time to appeal such release
under EC 2.021 has run.
2. Whenever a used merchandise dealer receives a notice from the City that property
seized from the used merchandise dealer will be released to a person identified by the City as the
owner of the property, the used merchandise dealer may appeal the release in the manner set
forth in EC 2.021. The used merchandise dealer shall bear the burden of showing that the used
merchandise dealer is entitled to the property, and the hearings officer's review shall be limited
solely to whether the used merchandise dealer has established a property right in the property
that is superior to that of the property owner identified by the City. The determination of the
hearings officer shall be final.
Administrative Order - 2
3. R- 4.989 -B does not govern situations in which used merchandise dealers release
property to the City. These provisions also do not govern the release of property by the City to
another law enforcement agency.
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Dated and effective this 31 day of October, 2006.
Dennis M. Taylor
City Manager
Administrative Order - 3
The form provided by the Eugene Police Department will require the following information:
GENERAL RECEIPT FOR CUSTOMERS
1. Business name, address and phone number
2. Customer name, address and phone number(s)
3. Salesperson's initials
4. Description of item
5. Item number
6. Quantity
7. Price paid per item
8. Total price paid (amount)
9. Customer signature
10. Date and time of transaction
11. Receipt Number
ELECTRONIC DATABASE INFORMATION
Customer Identification Details
12. Name (last, first, middle)
13. Birth date (MM/DD/YYYY)
14. Current address (street address, city, state and zip
15. Customer phone (home /other)
16. Type of photo identification and identification number of one of the following
identification types:
• Driver license number and state of issuance
• State issued identification card and state of issuance
• U.S. Passport
• U.S. Military identification
17. Hair color
18. Height
19. Weight in pounds
20. Eye color
21. Gender
22. Race
Prop - Details
23. Item class
24. Sub class
25. Size
26. Make
27. Model
28. Serial number
29. Item description
30. Color
31. Engravings /owner applied number or name
32. Quantity
Form - Exhibit A
33. Item purchase price
34. Total purchase price
35. Condition, of item
Terms and Notes
36. Purchase, consignment or loan
37. Employee identification/initials
38. Effective /transaction date
Form — Exhibit A