§ 5.12.160. Exclusions.

The provisions of this article do not apply to the following businesses or dealers:

A.

Junk businesses or dealers. Junk means discarded metal, glass, paper, cordage, rags, bones, rubber or other waste which may be treated so as to be used again in some form; vehicles or machines which are worn out and intended for scrapping; or any article or substance commonly considered to be junk. The term does not include secondhand articles or substances which are still usable for the purpose for which they were originally intended and are sold with a view to such further original use;

B.

Used motor vehicles;

C.

Dealers in antiques, art and collectibles. Dealers in antiques, art and collectibles are defined as any dealer who engages exclusively in the business or occupation of selling, bartering or exchanging any painting, furniture, china or other object that is valuable primarily by reasons of age, scarcity or the skill and craftsmanship of the artist(s) or artisan(s). Antiques will not include family heirlooms made of gold and silver or other precious metals. This exclusion does not exempt such dealers from compliance with this chapter with regard to any other secondhand goods in which they conduct business;

D.

Coin collectors or coin shops that engage exclusively in the coin business or occupation, except as provided in Article II of this chapter. This exclusion does not exempt such dealers or businesses from compliance with the regulations, as hereinafter provided, in relation to any precious metal or crafted precious metal that they may engage in or conduct business in addition to their coin and bullion operations;

E.

Neighborhood garage sales;

F.

Nonprofit or charitable secondhand goods or thrift-type shops;

G.

Licensed gun dealers who engage exclusively in the business or occupation of selling, buying, bartering or exchanging guns or firearms. This exclusion does not exempt such dealers from compliance with the regulations, as herein provided, in relation to any other secondhand goods that they may engage in or conduct business in addition to their gun business.

H.

Itinerant sellers of secondhand goods;

I.

A business that purchases cellular phones or electronic communication devices or consumer electronics in return for a non-cash credit such as a gift card from the issuing business, a credit at the issuing business or credit to an account with the issuing business, if:

1.

As part of the record of the commercial transaction, the business will document: date, time and place of transaction; legal name, date of birth, residence and phone number(s) of seller; the credit amount; and employee's name handling the transaction. Such information will be retained by the business in accordance with applicable state and federal law standard retention obligations for commercial transactions. Any non-standard record retention obligations would require a formal request from law enforcement in accordance with applicable state and federal law.

2.

On the day of the transaction to accept the used cellular phone or the electronic communication device, the business will cross-reference in a national lost and stolen database the ESN and/or IMEI. The business will refuse to accept any cellular phones or electronic communication devices or consumer electronics that have been recorded as lost or stolen in the database.

(Ord. No. 18391, § 1, 7-28-2015; Ord. No. 18449 , § 1, 12-15-2015)