HomeMy WebLinkAboutOrdinance No. 20500COUNCIL ORDINANCE NUMBER 20600
COUNCIL BILL 5080
AN ORDINANCE CONCERNING USED MERCHANDISE DEALER PROVISIONS
AND AMENDING SECTIONS 4.989 AND 4.990 OF THE EUGENE CODE, 1971.
ADOPTED: November 26, 2012
SIGNED: November 27, 2012
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Taylor
EFFECTIVE: December 28, 2012
ORDINANCE NO. 20500
AN ORDINANCE CONCERNING USED MERCHANDISE DEALER
PROVISIONS AND AMENDING SECTIONS 4.989 AND 4.990 OF THE
EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1 . Section 4.989 of the Eugene Code, 1971, is amended to provide as follows:
4.989 Used Merchandise Dealer - Requirements
(1) As used in this section, the following words and phrases mean:
(a) Approved identification. A currently valid identification issued by a
government agency that includes a physical description and photograph
of the person and bears the signature of the person.
(b) Chief of police. The person authorized by the city manager to carry out
the duties of the chief of the Eugene Police Department, or his or her
designee.
(c) Peace officer. As defined in ORS 133.005.
(d) Pawnbroker. A person, partnership, corporation or other business
association licensed as a pawnbroker under ORS chapter 726.
(e) Pledge. Any article deposited with a pawnbroker in the course of the
business of the pawnbroker as defined in paragraph (d) of this
subsection.
(f) Precious metal. Gold in eight karat or greater purity, silver, platinum or
palladium. Precious metal does not include unrefined metal ore, an
electronic product or any part of a mechanical system on a motor vehicle
that contains precious metal as a result of the vehicle manufacturing
process.
(g) Purchase. The buying, exchanging, transferring, collecting, consigning
or otherwise acquiring of regulated property from another person not a
used merchandise dealer, for resale, exchange or transfer by the
purchaser. It includes taking possession of regulated property with an
expressed or implied agreement or understanding to return regulated
property at a subsequent time at a stipulated price or for the payment of
a storage or handling fee.
(h) Regulated property.
1. Except for property excluded in paragraph (e) 2. below, any used
or secondhand personal property, including, but not limited to,
precious metals and gems; watches, jewelry, and household items
containing precious metals or precious gems; audio and video
equipment and media; photographic and optical equipment;
electrical office equipment; yard and garden tools; power
equipment and tools; hand tools; telephones or telephone
equipment; musical instruments; firearms; and sporting
equipment.
2. The term "regulated property" does not include any of the
following property: vehicles required to be registered with the
state Motor Vehicles Division; boats required to be certified by the
state Marine Board; books; collectable trading cards (e.g.,
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(2)
(3)
baseball trading cards or movie trading cards); glassware;
furniture; clothes; refrigerators, stoves, washers, dryers, window
air conditioner units, and other similar major household
appliances; small kitchen appliances; or property that is
purchased for investment purposes, limited to the following:
a. Gold bullion bars or rounds (0.995 fine or better);
b. Silver bullion bars or rounds (0.995 fine or better);
C. Palladium and platinum bars or rounds (0.995 fine or
better);
d. All tokens, coins, or money, whether commemorative or an
actual medium of exchange, adopted by a domestic or
foreign government as part of its currency;
e. Postage stamps, stamp collections and philatelic items; or
f. Privately manufactured coins.
(i) Used merchandise dealer.
1. A person who engages in, conducts, manages, or carries on any
business that, as part or all of its business:
a. Purchases regulated property; or
b. Lends money on security of regulated property.
2. A used merchandise dealer does not include:
a. A person who engages in, conducts, manages, or carries on
any business that does not buy regulated property outright,
but occasionally accepts in trade regulated property as part
or full payment for new articles, where such business is
incidental to the primary business of the sale of new articles;
b. A person who engages in, conducts, manages, or carries on
any business that deals exclusively in the purchase and sale
of used whole automobiles, books, trading cards and sports
memorabilia, clothing, furniture, major household electric or
gas appliances, or farm implements and machinery; or
C. A person who engages in, conducts, manages, or carries on
any nonprofit corporation or association that purchases, sells
or otherwise exchanges only donated articles.
No person with a felony conviction for Burglary, Theft, Manufacture of a
Controlled Substance or Schedule I or II Drug Possession may be permitted to
own or operate a used merchandise business.
Recording requirements
(a) At the time of purchase, a used merchandise dealer shall accurately
record: the description of the regulated property purchase; the address,
date of birth and current telephone number of the person from whom the
regulated property was purchased; and the person's approved
identification.
(b) The used merchandise dealer shall record an identifying description and
take a discernible, clear photograph of all jewelry, gems and precious
metal items. Pawnbrokers accepting a pledge are not required to
photograph the pledged item.
(c) Used merchandise dealers shall record purchases of regulated property
via an automated electronic reporting system approved by the city.
(d) All records of purchases shall be kept in an orderly manner on the used
merchandise dealer's business premises and open for reasonable
inspection by peace officers upon their demand. Each used
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merchandise dealer shall keep a paper record of each purchase bearing
the signature of the customer for a period of one year.
(4) Reporting requirements
(a) Within 12 hours of a purchase, a used merchandise dealer shall input
and transmit the recorded information required under subsection (2)
using the automated electronic reporting system approved by the city.
(b) Only reports containing complete information shall be deemed to comply
with this section.
(c) In the event that the automated electronic reporting system becomes
inoperable, a used merchandise dealer's computer system becomes
inoperable, or other event that makes reporting within the time allowed
by subsection (a) of this subsection impossible, the used merchandise
dealer shall immediately report the occurrence of such event to the chief
of police. The chief of police may suspend the reporting requirements of
subsection (a) of this subsection for a reasonable period until electronic
reporting can resume. Once the chief of police determines that reporting
can resume, used merchandise dealers must, within 12 hours, input and
transmit the information required under subsection (2) for all purchases
made during any period reporting was suspended by the chief of police
using the approved automated electronic reporting system.
(5) Reporting fees The city manager shall establish fees for the use of an
automated electronic reporting system in accordance with the procedures of
section 2.020 of this code. Such fees shall reflect the costs associated with
providing electronic automated reporting system services to used
merchandise dealers. Used merchandise dealers shall be charged the fees
on an annual basis, and the fees shall become due 45 days after the date
billed.
(6) Limitations on the purchase of regulated property
(a) A used merchandise dealer shall not:
1. Purchase regulated property with serial numbers, personalized
inscriptions or initials, or other identifying marks, which are or
have been altered, obliterated, removed, or otherwise rendered
illegible;
2. Purchase regulated property from a person under the age of 18
years;
3. Purchase regulated property from a person who is obviously
under the influence of drugs or intoxicating liquor;
4. Knowingly purchase regulated property from a person who is not
the owner of the regulated property or parent or guardian of the
owner of the regulated property; or
5. Remove gemstones from jewelry or alter jewelry at the time of
purchase or thereafter, or ask the seller to remove gemstones or
alter jewelry at time of purchase.
(b) A used merchandise dealer shall comply with all applicable federal,
state, and local laws and regulations.
(7) Limitations on the sale of regulated property
(a) Regulated property purchased by any used merchandise dealer shall
not be sold for a period of 14 full days after the date the report required
in subsection (3) is received by the city. The used merchandise dealer
shall maintain the purchased property in substantially the same form as
purchased and shall not commingle the property in a manner that
precludes identification during this 14 -day holding period. The
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purchased property shall be located on the business premises during
normal business hours during this holding period so that it can be
inspected as provided in subsection (7). The 14 -day holding period
does not apply to a pledge held by a pawnbroker.
(b) Upon reasonable belief that the purchased property is the subject of
theft, the chief of police may provide notice to any used merchandise
dealer not to dispose of any specifically described property purchased.
The used merchandise dealer shall retain the property in substantially
the same form as purchased and shall not remove gemstones from, or
make other alterations to, pieces of jewelry. Upon receipt of notice
pursuant to this subsection, the used merchandise dealer shall not sell,
exchange, dismantle or otherwise dispose of the property for a period of
time, as determined and stated in the notice by the chief of police, not to
exceed 180 days from the date of purchase.
(8) Inspection of used merchandise dealers and regulated property Upon
presentation of official identification, any peace officer may enter onto the
business premises of any used merchandise dealer to ensure compliance with
the provisions of subsections (1) - (6). The inspection shall be for the limited
purpose of inspecting any regulated property purchased by the dealer, held by
the dealer pursuant to subsection (6), or the records incident thereto. Any
inspection pursuant to this subsection shall only be authorized to occur during
normal business hours.
(9) Administrative rules The city manager or the manager's designee is
authorized to promulgate rules necessary to carry out the provisions of this
section following the procedures of section 2.019 of this code.
(10) Enforcement
(a) Any peace officer may enforce the provisions of this section 4.989.
(b) If it appears to the city manager that a used merchandise dealer has
repeatedly and substantially violated this section or other laws
applicable to used merchandise dealers, the city manager may initiate
judicial proceedings for injunctive relief to prohibit the person from acting
as a used merchandise dealer and to prohibit the purchase or sale of
regulated property at the location where the violations occurred.
(11) Penalties Violation of any of the requirements in subsections (1) — (8) of this
section or the rules adopted pursuant to subsection (9) of this section is
subject to punishment as provided in subsection 4.990(10). Each act that
violates section 4.989 or any of the rules adopted pursuant to subsection (9) of
this section is a separate offense.
Section 2 . Subsection (10) of Section 4.990 of the Eugene Code, 1971, is amended to
provide as follows:
4.990 Penalties - Soecific
(10) Violation of section 4.989 is punishable as follows:
(a) A person who violates section 4.989 may be punished by a fine of not
more than $500.
(b) A person who violates section 4.989 after having been convicted at
three different times for violating section 4.989 may be punished by a
fine of not more than $1500 for each new violation.
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(c) A person who violates section 4.989 after having been convicted at six
different times for violating section 4.989 may be punished by a fine of
not more than $3000 for each new violation.
(d) Each violation of section 4.989 or any of the rules adopted thereunder is
a separate offense.
(e) For purposes of this section and section 4.989, "a violation of sections
4.989" includes a violation of the rules adopted under that section.
(f) For purposes of this section, "person" includes individuals, corporations,
partnerships and any form of business association.
Section 3 . The City Recorder, at the request of, or with the consent of the City Attorney,
is authorized to administratively correct any reference errors contained herein, or in other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Passed by the City Council this
26 day of November, 2012
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Cif, Recorder
Approved by the Mayor this
2 / day of November, 2012
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