§ 13-130. Record of purchases, sales required—Secondhand dealers, pawnbrokers, antique and jewelry dealers.

(a)

Every pawnbroker, secondhand dealer, antique dealer and jewelry dealer shall make a record of all articles purchased, taken in trade or taken on consignment, or as security for a loan which shall contain the following:

(1)

I.D. of each person from whom each article is purchased or otherwise received, including name, address, birthdate, sex, nationality, driver's license number or other publicly issued identification number, and on the original record only, a legible thumbprint.

(2)

A description of the article purchased including identifying characteristics, any serial or model numbers, the date purchased or otherwise received, the agreed price, and the location where the article may be found.

(b)

The record required in subsection (a) shall be made available by the pawnbroker, secondhand dealer and antique dealer to the county sheriff within twenty-four (24) hours of acquisition of the article by same. Jewelry dealers shall either forward the required records or notify the sheriff's department within twenty-four (24) hours of acquisition. The secondhand dealer shall issue a receipt for the article to the seller at the time of receiving the article, stating the agreed purchase price. The secondhand dealer shall hold the article for fourteen (14) days before making the article available for sale.

(c)

The pawnbroker shall issue a receipt to the borrower at the time of receiving the article, stating the amount of the loan, the period of the pawn, and the monthly interest rate. Any article of property which is placed with a pawnbroker, with the intent that such property represents security for a loan of money, shall be subject to sale or disposal only after there has been no payment on account of principal or interest, for a period of six (6) months. Until the expiration of such six-month period, property shall be retained in an unaltered condition on the business premises of the pawnbroker or his designated warehouse within the county.

(d)

The secondhand dealer, antique dealer or jewelry dealer shall issue a receipt for the article to the seller or trader at the time of receiving the article, stating the agreed price or credit or trade. Such dealer shall hold the article for fourteen (14) days before making the article available for sale.

(e)

No pawnbroker, secondhand dealer, antique dealer or jewelry dealer shall employ or use in his business any receipt, ticket, contract or other form of notice, containing a clause or textual provision purporting to create a lesser retention period than required by subsections (c) and (d) of this section.

(f)

Auctioneers selling articles on consignment shall not be bound by the retention periods of subsections (c) and (d) of this section as to such sales.

(g)

Every pawnbroker, secondhand dealer, antique dealer and jewelry dealer shall keep a record of each article sold, including the date and price of the sale, a description of the article, and the name, residence, birthdate, driver's license number or Social Security Number of each buyer.

(h)

The records shall at all times be subject to inspection by all law enforcement officers and shall be preserved for a period of three (3) years after the sale.

(i)

The premises where the articles referred to in this section may be found, as shown by the records required by this section, shall at all times be subject to inspection by law enforcement officers to ensure that those records are being properly kept. Such inspection shall not be deemed a search and may be conducted without a warrant.

(Ord. No. 12-07, § 3, 3-12-12)