§ 5.12.010. Definitions.

A.

"Crafted precious metal" means jewelry, silverware, an art object, or another object made wholly or partly from precious metal. Crafted precious metal does not include a coin, a bar, or commemorative medallion.

B.

"Electronic Serial Number" or "ESN" means a number that uniquely identifies a mobile electronic device.

C.

"Engaged in or conducting business" means the purchase, sale, barter or exchange of any secondhand goods including advertising therefore and including such business conducted by a secondhand dealer in a permanent location including, but not limited to, storefronts, flea-markets, mercados, swap meets, market places, open air markets, and kiosks.

D.

"International Mobile Equipment Identifier" or "IMEI" means a number that uniquely identifies a mobile electronic device.

E.

"Itinerant seller" means any individual, partnership, corporation, joint venture, trust, association or any other legal entity, however organized, as a temporary or transient business conducted in a shop, room, hotel room, motel room or other premises rented for any duration less than thirty consecutive days or used on a temporary basis, that sells, but does not purchase, barter or exchange, secondhand goods. (An itinerant seller is not a local dealer who must move his or her shop from its existing location to a new location within the city due to loss of lease or voluntary move prior to the expiration of the minimum thirty-day period.)

F.

"Jewelry" means a gem, a jewel, or an object made of crafted precious metal, including those set with precious or semi-precious stones but excluding costume jewelry, and that is usually worn for adornment, including, but not limited to, a gem stone removed from a mounting.

G.

"Kiosk" means an interactive device that is permanently installed within a secure structure that performs all the requirements of this chapter and has the followingtechnological functions:

1.

Capability to connect with a live customer service representative;

2.

Verification of the identity of a seller by official U.S. state-issued identification;

3.

Automated reading and recording of ESN and/or IMEI numbers;

4.

Automated comparison of the ESN and/or IMEI numbers against databases of stolen devices;

5.

Secure storage of devices accepted by the kiosk; and

6.

Capture of images of the transaction.

H.

"Pawnbroker" means a person engaged in the business of lending money on the security of pledged goods or purchasing goods on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period.

I.

"Power tool" means a tool powered by electrical current, a battery, solar energy, liquid or gaseous fuel, or pneumatic device.

J.

"Precious metal" means gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or an alloy of those metals.

K.

"Regulated merchandise" includes, but is not limited to, an item that bears or, as originally manufactured, bore a manufacturer's serial number; a crafted precious metal; jewelry; an automobile accessory; a motorcycle accessory; a business machine; a power tool; a sporting good; an electronic device; a musical instrument or an accessory used with a musical instrument, including, but not limited to, sound amplification equipment; optical equipment, including binoculars, a telescope or microscope; photographic equipment; video recording; or secondhand goods.

L.

"Respondent" means an applicant or licensee of a secondhand dealer's license that appeals a decision by the chief of police or a license official to deny a secondhand dealer's license.

M.

"Secondhand dealer" means an individual, partnership, corporation, joint venture, trust, association or any other legal entity, however organized, buying, trading, selling, accepting for sale on consignment regulated merchandise, or otherwise engaged in or conducting business in the city as defined by this chapter.

N.

"Secondhand goods" includes, but is not limited to, any of the following personal property or object of value that is not purchased or sold as new:

1.

Jewelry;

2.

Precious metal in whatever identifiable form, except for numismatic coins or bullions;

3.

Any type of gem or precious stone, including, but not limited to, diamonds;

4.

Consumer electronics including, but not limited to, those intended for everyday use, entertainment, communications and office productivity to include computers, tablets, telephones, cellular or mobile phones, mobile telephones with computing ability and connectivity, MP3 players, personal music players, radios, audio equipment, televisions, calculators, GPS automotive electronics, gaming devices, devices used in playing video or computer games, digital cameras and recorders using video media such as DVDs, VCRs, blue rays or camcorders;

5.

Hand tools, power tools and gardening tools;

6.

Sporting goods, including, but not limited to, bicycles, golf clubs, tennis rackets, archery bows, binoculars, and camping equipment; or

7.

Musical instruments.

Secondhand goods do not include property purchased by one licensed, established merchant in the normal course of business from another licensed, established merchant.

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