HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2000 - ITEMS RELATING TO THE LICENSING AND REGULATION OF AGENDA ITEM SUMMARY ITEM NUMBER: 33 A-B
DATE: July 18, 2000
FORT COLLINS CITY COUNCIL STAFF:
Deryle O'Dell
SUBJECT:
Items Relating to the Licensing and Regulation of Pawnbrokers and Secondhand Dealers.
RECOMMENDATION:
i
Staff recommends adoption of the Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. First Reading of Ordinance No. 91, 2000, Amending Chapter 15, Article VIII of the City
Code Relating to Pawnbrokers.
B. First Reading of Ordinance No. 92, 2000, Amending Chapter 15, Article XI, of the City
Code Relating to Secondhand Dealers
The first major codification of the current ordinances regulating the pawn and secondhand dealer
industries was completed in 1972, with some minor changes made in 1986. A City staff team
(Police,Finance and City Attorney)began working on changes to the ordinances in June of 1997 in
order to address some issues that have arisen in the past 13 years regarding implementation and
enforcement of the ordinances.
The costs associated with monitoring, enforcing and regulating the industry, as required by the
ordinances and state law,have increased dramatically over the last 13 years. The different types of
secondhand property involved in transactions have also changed dramatically.
The proposed amendments to these ordinances have been made in order to increase consistency in
reporting and monitoring procedures and provide those regulated with a clear understanding what
is required of them.
Throughout the process, staff asked for and received much input from both pawnbrokers and
secondhand dealers. Staff held several meetings inviting all pawnbrokers licensed within the City
and two meetings to which all secondhand dealers currently licensed,and also those who would be
required to be licensed if the amendments were to be adopted, were invited. Staff also contacted
communities along the front range, which have ordinances regulating these two industries to
determine the current costs and practices in those communities. Changes are being recommended
considering input from all these sources.
DATE: July ITEM NUMBER:
On November 16, 1999, staff brought proposed amendments to these Code provisions to Council.
Primarily,those first amendments:
♦ imposed a per item transaction fee for pawn transactions;
♦ raised the license fee from$55 to $1,000;
♦ required background checks and permits for all pawn employees and managers;
♦ required fingerprints from persons pawning items; and
♦ prohibited any employee under 18 from engaging in pawn transactions.
Council postponed the item indefinitely so that staff could address the concerns expressed at the
meeting. As a result of issues raised during discussion at the November 16 meeting, staff revisited
the provisions with the pawnbrokers and the Health and Safety Committee and further researched
legal issues raised by Council.
As compared to the last version presented to Council,the current proposed amendments:
♦ no longer include a per item transaction fee for pawn transactions;
♦ raise the license fee from $55 to $300;
♦ require a background check of managers only;
♦ require a single fingerprint from all persons pawning items; and
♦ provide the following alternative options for Council to consider regarding minor
employees engaging in pawn transactions:
Option A: No employee under eighteen(18)years of age shall make loans,purchase
any goods or property on behalf of the business, or execute any document required
to be prepared pursuant to this Article, unless such employee is under the direct
supervision of a manager who is physically present on the licensed premises.
Option B: No licensee shall allow an employee under eighteen (18) years of age
to make loans, purchase any goods or property, or execute any document required
to be prepared pursuant to this Article.
With regard to the secondhand dealer ordinance, the proposed changes include increasing the
licensing fee from $55 to $100, establishing a hold order procedure, requiring a declaration of
ownership from the seller of secondhand property, and inspection of the premises.
77
Office of the District Attorney
iliww�soaviv wsrnKr"rro•ners
Eighth Judicial District �R
TwoA aYna•
an••a mrr
�a•.c„•w e•.
i! STATE°F`OLORADO Stuart A. VanMeveren
�oesury ousmror"imnrays
District Attorney
February 29, 2000
Dennis Harrison
Chief of Police
Fort Collins Police Services
200 Laporte Avenue
Fort Collins, Colorado 80521
RE: Fingerprint Status
Dear Chief Harrison:
My office has been asked to issue a statement regarding the importance of fingerprint
evidence in investigating suspected criminal activity and for use in court.
Fingerprint evidence, like DNA evidence, can be critical in identifying or exonerating
people who commit crimes or are suspected of committing criminal activity. The availability of
properly obtained fingerprint evidence can support eye witness identification or can, in and of
itself, be sufficient to sustain a positive identification and subsequent conviction even without
any eye witness identification. My office encourages investigative services to obtain fingerprint
evidence whenever it is practical and legally justified.
Sincerely,
STUART A VANNIE N
District Attorney
Eighth Judicial District
SAV/Ij
123 North College, Suite 303 • Fort Collins, CO 80524-2443 • (970)498-7200 FAX#(970)498-7250
AdeIBTAM pICR11RATfOPNE'�
Office of the District AttorneyAMI
•.,�u
' District
•
Eighth Judicial ^Tcwz ILa 0
' .lolrm cum.n ebr
STATE OF COLORADO Stuart A. VanMeveren 8F 10RME 01m =AVORNfi
D.�w�.rr•
District Attorney j
February 24,2000
Nit. Dennis Harrison
Chief of Police, Fort Collins Police Department
300 LaPorte Avenue
Fort Collins,CO 80521
Re: Proposed Pawnshop Ordinance
Dear Dennis:
It has come to my attention that the proposed pawnshop ordinance has a requirement that a
fingerprint be obtained from those pawning items. I support this proposed requirement. As you
are well aware, stolen items often end up being pawned. The identity of the person pawning
those stolen items is a necessary element that the People must prove in any criminal prosecution.
�i A fingerprint would be most valuable in identifying the person who in fact pawned the item.
Currently,the pawnshop employees are required to obtain a picture identification from the
person pawning an item. However, my experience is that in criminal prosecutions, for false
declaration to a pawnbroker,the pawnshop employee rarely can identify the person in court. The
requirement of a fingerprint would allow us to prove identification even when the pawnshop
employee says they cannot identify the person who pawned the item.
I hope that the City of Fort Collins keeps in the requirement of a fingerprint in the proposed
pawnshop ordinance.
Respectfully,
Clitord .Riedel
Chief Deputy District Attorney
123 North College, Suite 303 • Fort Collins,CO 80524-2443 (970)498-7200 FAX#(970)498-7250 /
Office of the District Attorney
o-•n a 9tl N
lmr
Eighth Judicial District45
Lrry R"bw,mm
Ta•nu A CFv
u°aa a aw
bYM Cm•n°Yt
STATE OF COLORADO Stuart A. Van Meveren °El+io°OFPV1Y Dl41RICT"TTCRf1tY°
District Attorney
February 2, 2000
Mr. Dennis Harrison
Chief of Police
300 LaPorte Avenue
Fort Collins, CO 80521
Re: Pawn shop ordinance
Dear Dennis:
It is my understanding that the pawnbrokers are trying to persuade your agency to remove.the
mandatory fingerprint language from the proposed pawnshop ordinance. It is my position that
the prosecution of the False Information to a Pawnbroker cases would be greatly enhanced by
fingerprint evidence, as the identity of the person pawning the item is often an issue of
contention. It would seem to me that one of the goals of a new ordinance would be to enhance
the prosecution of these cases,so I hope this letter helps to persuade you to leave the fingerprint
provision in the ordinance.
J
' erly,
ne Carman Blairf Deputy District Attomey
123 North College, Suite 303 Fort Collins,CO 80524-2443 (970)498.7200 FAX#(970)498-7250
. ORDINANCE NO. 91, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE VIII OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO
PAWNBROKERS
WHEREAS,Chapter 15,Article VIII ofthe City Code contains various provisions regulating
the operation of pawnbrokers in the City in the interest of the public health,safety and welfare; and
WHEREAS, pawnbroker establishments in the City report a large number of purchase
transactions and contracts for purchase to the Fort Collins Police Services on a weekly basis; and
WHEREAS, a uniform and clear record keeping process needs to be established for
consistent use by all such businesses to promote compliance with both state and local regulations;
and
WHEREAS, there is also a need to clarify when,how and under what circumstances a police
officer may hold property of pawnbrokers believed to have been stolen; and
WHEREAS, Fort Collins Police Services is incurring substantial costs specifically related
to monitoring the operation of, processing data from, and entering data into the NCIC and CCIC
systems from pawnbroker establishments in the City; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS,that Article VIII of Chapter 15 of the Code of the City of Fort Collins is hereby amended
to read as follows:
ARTICLE VIII. PAWNBROKERS
Sec. 15-261. Definitions.
The following words,terms and phrases,when used in this Article,shall have the
meanings ascribed to them in this Section:
Contract for purchase shall mean a contract entered into between a pawnbroker and a customer pursuant to
fwhmon i_s advanceum v customer,
o an the
eennitien that the customer for a fixed priee and within a fixed peried of time mt to
exeeed ninety has the option to cancel the contract.
Customer shall mean a person who delivers personal property into the possession
of a pawnbroker for the purpose of entering into a contract for purchase or a purchase
. transaction.
Fixed price shall mean the amount agreed upon to cancel a contract for purchase
during the option period. Eze fixed price shail not exceed the follovvinga
(2)Otte fiftf,(Y5)of the original pmchase price fbr eadi trionth phis tile oliginal
Fixe p2ig�,,dof time shall mean that period of time not to exceed nine 90)days
as set forth in a contract for purchase foram t. e= a option
to cancel the contract.
but does not have to be,Aeseirided by the ettatoma.
. ., ~onARMm> Q.� ,_� i,4 k.,r„" 1kdaas
P1° ,` lt i �a'ies
Pawnbroker shall mean a person regularly engaged in the business of making
contracts for urchase er urchase transactions in the course of business.
u 'mt
a
Purchase transaction shall mean the purchase by a pawnbroker;in the course of
s' businessof tangible personal property for resale; other than newly
manufactured tangible personal property which has not previously been sold at retail,
when such purchase does not constitute a contract for purchase.
2
• Tangible personal property shall mean all personal property other than choses in
action, securities or printed evidence of indebtedness!which property is deposited
with or otherwise actually delivered into the possession of a pawnbroke4 in the
course of business; in connection with a contract for purchase or purchase
transaction.
Sec. 15-262. License required.
It shall be unlawful for any person to engage in the business of pawnbroking
except as provided in and authorized by this Article and without first having obtained
a license from the Financial Officer. Such license shall be kept current at all times
and tfailure to maintain a current license shall constitute a violation of this
Section.
Sec. 15-263. Annual license fee.
The annual license fee for carrying on the 02
business of awnbroking shall be fiftp-
firoe dollms($55� �` un17 d llais r c submitted to ether
with an a lication for such license to the Financial Officer. t
r' W .� b e sM p is n i denlezl,
Sec. 15-264. Surety bond required.
• The licensee or applicant shall furnish a good
and sufficient bond;with a surety to be approved b the Financial Officer;m the sum
of two thousand five hundred dollars ($2,500 ), li s conditioned
upon the awnbroker's com Hance with rovisions of this Article
vtiatfo ' c b and
Sec. 15-265. Investigation and approval of applicants "cen s
required.
(a) No license shall be issued by the Financial Officer until the application for
a license s� s been appro mdmv ,.gat by the Chief of Police. No lieein
tins�tncelc E -phc shall p. of
fang ixn iotograph e Ytlie tune § a 1 s"fitNoW 1-of
3
toehh�ee14911111V ugeythe, bloradouT es g6o
(b) Na'leensee Thal employapersoaas amens a r,slial rson t
such;, p y n�nt unless suchperson°has b nra N' strgatedTan been g'arfed:a
...r. «it
3
perttiitbytheClue£ofPoltcep rsuantto e:c Yenacoitau,,RC }§��5 265 b andthe
n,t4Y,4 WJtl i9. dlv s i axe_. I ...
following:
(1� Pnor`tabeC,omin �1'L�Y.e� lzy a licene� ' a��1ic"" tt3; a
managerjsitofoth renew 1"b p e
fiiigd ? or .Ph .._tH"' c Pp" `�
Eac„� lpbf.f9r ermlt�o �dela '
90
e oln ep�rmi# hall an°
m" `" �°, �de�p` arc ' ate "+'moo" "`• �&
a rd st eimt� �e�z ` d
b es ro
e
a .
ax
e'•m
nnit e c
ul ]�;o
An an �wlio�as k� s to pone
forawvii�roker, license and\gapphcation Fornatsag ermt
in addrhon tu�beingsubjec �toGxevoca£ion Eaf sazd'Si�erriseand\oi
pennrt,^ omm}ts a;m}sdemeanor.punishablerLtniier§d 1 „a
4
c) Nopawnb&kerl censeb manager spern�tsh l�b`b sued othef lltlwin
persons under'teprovix tln ArticleR
(1) Subjectt i�ie�pr` tilsto'7�?s�`cDtat ed�"`r c ar ?^.2� , .. � , S� 'a
p rori w corlvio c
under the 'thistat w 1 If ich
fr t� o ' `dgfraurlwas § ,' t r
e1sh�ereran i re rf e' =aze to er
2 MID,
3� ;a, e , h „ � , s � • �, e
s Wr> at}o g>orlg W ,.
ar eve^m+rxemi xroctn n tiP' ra- "�,�,yt:,r,�, ara fl
P _ ti4kl'tPPe under er" e � 1 S lmake
#acha"" "any dolss� '3ro er ' ffir " �xcte
,� -"• e , ? .
,u k+s' ae uux .. c e mwx tlw rWxxa... m.
elz1 ? ed� 'z1uF:M, aiah �� Y
. -OR-
(OPT d e
Yew: -e � �. " r e
(be) Within forty-five(45) days of receipt of an application to renew a license
in= the Financial Officer shall renew such license, provided that the Chief of
Police after investigation shall hay lea jj;determined that the applicant has oBerated
the business in such a manner as to full the
goses�ofthisAnccle.
(cf) Licenses shall be limited to use at the premises specified in the application.
Such license shall not be transferable.
fig) Gfhe revvboationi suspe 5ioA gr dOenial of the issuance or renewal of a
license or,manggg l �qi C may be appealed to the City
Matiage :',whh se d�ec��io o e e
S X°a w5>'�" .r• 3 !!uair-'Am$ we d. ar
fin Further"appeal may,beU'd pursuant#q°Coo ,. le t,;+t ivii ouedur
. 5
Sec. 15-266. Required books and records.
(a) Every pawnbroker shall keep books and records sufficient to identify each
led a contract for urchase or urchase transaction aril each�o � e
, e uan germ a con purc e; r} customSl�a i1
gr re toy a ro mfq• onto • , c Uoo s; audlfa oresoiha
1. e
, the customer's name-, age-al' W too bW
mcu tMW ade currnadressdate of badrand ,
e e' driver's license number or other identification
number from any other form of identification which is obtained
lal o ed'un §
c n .. fc e
e er o
$,
gbMal.
o ehon,the date,time and place of the transaction,
and an accurate and detailed account and description of each item of tangible
personal property involved including but not limited to an ' trademaz
identification numbers, serial numbers, model number, -a ,
brand name or other identifying marks on such property. The books and records of
the licensee shall also reveal the date on which each extension of credit under a
contract for purchase was terminated and whetheoznd`. the tangible
personal property of the customer was redeemed,renewed,or forfeite&=xIsolrl-upon
the expiration of the contract for purchase.
�-pawn Fson pe a �eme`tl p �.eYso th'
o rg ca 'erth' a son eerm 'n� + ope . slargvdct „„a 91
Ste,'
e E � ert entt �rer„ord
rs n.s 'ane o "l `ut
...,..he urren SSW:.:., ,address city,stafgL—p cq � �aPe{cr serene i
���it:�i
,Theterson"�s�h�per sA teense numberuor�oth idenhft;Catio�y-nuu�'�ex�'rum
any;othe, o , oEiden ificarion whit xs,allo 'ec unifier T5 ,,,,
6
(4) clear xmpnnof the persons right`index$ ing�ir theventhe right
mdei`�sfinger„is miss><ng,:then the�cusdme;�;s,�leftande
Sec. 15-267. Declaration of ownership.
(a) The pawnbroker shall;at the time of making the loan contract for purchase
or purchase transaction;obtain a written declaration of thcsustamer's ownershi of
«sue tp
u 6 Bt
(1) ghat- u Ilhe&4'�e rope "0 rsrzii
ustomer
are°s b echsacti ,bwe shall irnve attached
a power of
owners o eeppro erty customer e F
Eo Yhg.p
(2) How long the customer has owned the property;
(3) Whether the customer or someone else found the property; and
• (4) If the property was found, the details of the finding.
(b) The awnbroker shall require the customer to sign his or her name M
�
prese' br on the declaration of ownershipand in the re ister to be
nce ,�h`+
ke tpmama
under this Article. later mk
athet g The customer shall be given a copy of the contract for
purchase or a receipt for the purchase transaction:
Police Se.aiter.
Sec. 15-268. Requirements for records.
(a) All records required to be kept under this Section I xiust be kept in
the English language,in a legible manner and shall be preserved and made accessible
for inspection for a period of three 3 years after the dWoffem tion or forfeiture
andsaleofthe ro erty. o on fro `ds e ri d e eff ce of o c ice i o s a k5b :rP ato la;t,
s u,
enforcement�iuposes },
(b) A copy of any record required to be kept under this Article, together with
a copy of the record of each contract for purchase or purchase transactions shall be
• 7
made available to the Office of Police Services each day so that thcgs"" p .,, may
maintain a complete record of all business transactions of the pawnbroker. No
It shall be the
responsibility of the tt;„Po1 ce Sdt, j"`r6 City to pick up the copies from the
pawnbroker.
(c) 8=1z books mid records shall rcinain open to the inspectiorrof any jjolic
been delivcred into the pamrbrokcr's possmsion by mason of mry contract for
Sec. 15-269. Maximum txe Brio interest rates;
commissions prohibited.
F
wa U
ffvz
1b No pawnbroker shall ask, demand or receive any greate, rate of intmest
fixed price
tt Qr a "has
1 F�+IIt a}nin
�; ec
ti
�� "e• ff liis
fi
Sec. 15-270. Intermediate payments upon loans.
Pawnbrokers shall accept�iiy intermediate payments my 'W tm° upon
aloans made under a contract for purchase which have# not matured: on
$ cult"" .„ ram, eaten than
ten (10) percent of the tinpaid prineipe4 ba4anee fit �_. mw �'
8
together with accrued charges The acceptance of paymeitiit 11aruamounts shall
1_a�...1
b�discretionary with the Pawnbroker A receipt showing the date of the payment
and the amount shall be given to the customer for all monies received on account of
or in payment of loans made under a contract for purchase.
See. 15-271. Holding period and sale of tangible personal property.
(a) A pawnbroker shall hold all property purchased by him or her through a
purchase transaction for thirty(30)days following the date of purchase during which
time such property shall be held separate and apart from any other tangible personal
property and shall not be changed inform or packaging or altered in any, erway.
(b) A pawnbroker shall hold all goods received through a contract for purchase
within his or her jurisdiction for a period of ten(10)days following the maturity date
of the contract for purchase;during which time such goods shall be held separate and
apart from any other tangible personal property and shall not be changed in form or"
packagin or altered in any way. If the customer shall bast ailed or neglected to
n
redeem such property-ftpon ij ozabeforexudie maturity §Wof the contract by
repayment of the balance of the principal and payment of all accrued interest charges,
the pawnbroker shall, immediately; upon-the maturity of the contract, mail with
sufficient postage a notice of the impending sale of the property delivered under the
contract. Such notice shall be mailed to the customer at the address shown on the
. contract pertaining to the transaction. Ten(10)days shall be allowed from the date
of mailing of the notification for the customer to appear and reclaim the property or
make satisfactory payments upon it. The pawnbroker shall not sell or otherwise
dispose of the property prior to the expiration of the ten-day period.
See. 15-272. Hold orderstaarl surrender of property'bi""IEQtt' 'bid
AT
.. ftjSmise§.
(a) Any paliee each officer may order a pawnbroker to hold any tangible
personal property deposited with or in custody of any pawnbroker for purposes of
further investigation. No sale or other disposition may be made of such property held
by any pawnbroker while the hold order remains outstanding. Any such hold order
shall be effective for thirty{36)riiuety G9)days only;unless a criminal prosecution
is undertaken inW tli regard to any such property within such#ii b thirty-day period,
in which event the hold order shall be efl titiver '"_ e until the preseentiea
_...
s} havethe uroecuting ana fion
h1a been completed or dismissed.
(b)
Unless sawarrant4s regtiired bylaw oar consent is,Ygtven�I if any police
peace officer determines that any article of personal property held by a pawnbroker
is stolen or illegally obtained property, such officer may take such property into
• 9
ej(en "after giving the pawnbroker a receipt for it which sets forth nu, ,are RM1,e�_,,,,W; @1 the reason for the confiscation.
e) ph stc o i miser nsetla rplce mess n udtn M
eOffi S ce ur ng�`busu�ess 'an e e aR- gg
act a,' o r� s� o a �esttgattori� m�s�ectio r` ok5 ee
ce e e suC rti Ce a ...,,
Sec. 15-273. Prohibited transactions.
(a) It shall be unlawful for any pawnbroker to accept any tangible personal
property under a contract for purchase or purchase transaction from the following:
(1) Any person under eighteen(18)years of age;
(2) Any person under the influence of alcohol or any narcotic drug or
stimulant;
(3) Any person known to such pawnbroker to have been convicted of
larceny,theft or burglary without first notifying the Office of Police
Services.
(b) With respect to a contract for purchase, no pawnbroker may permit any
customer to be obligated on the same day in any way under more than one (1)
contract for purchase agreement with the pawnbroker which would result in the
pawnbroker's obtaining a greater amount of money than would be permitted if the
pawnbroker and customer had entered into only one (1) contract for purchase
covering the same tangible personal property.
(c) No pawnbroker shall violate the terms of a contract for purchase.
See. 15-274. Business limited to one location.
A pawnbroker shall conduct his pawnshop business from only one (1)business
location, which shall be the location listed on the pawnbroker's license. This
provision shall not prohibit a pawnbroker from using warehouses or other storage
locations away,from the licensed place of business,but such other location shall be
used only if fkpawnbroker ,.'.submits notice to the Financial Officer in writing
10
• of such off site locations. Such off-site locations shall be open to any peace peace
officer for inspection dtaing regalm basincss humsas proviried�forin �5 272Gaj.
Sec. 15-275. Violations and penalties.
In addition to the revocation;suspension q dehi of anpa license p: `ana i s
peruutyissued,any person;including but nbt 1 ,w usYgm - FeV
who shall violates any of the provisions of this Article, shall be guilty of a
misdemeanor punishable in accordance with §1-15.
7 u;e ottce otpenaities requ Ked
e a : kerall conspicuous os orce vrdefl �' cif
z�c u b eatio"�Y11 uiciude , h"�
m ri 'thebuyer ands ��ri ud � �e�.
11
Introduced, considered favorably, and ordered published this 18th day of July, A.D. 2000, and
to be presented for final passage on the 15th day of August, A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of August, A.D. 2000.
Mayor
ATTEST:
City Clerk
12
. ORDINANCE NO. 92, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE XI, OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO
SECONDHAND DEALERS
WHEREAS,Chapter 15,Article XI of the City Code contains various provisions regulating
the operation of secondhand dealers in the City in the interests of the public health, safety and
welfare; and
WHEREAS, the current definition of "personal property"contained within the City Code
does not include certain items such as computers,musical instruments and videos that are commonly
pawned, traded and sold, so that such definition should be amended; and
WHEREAS, secondhand dealer establishments in the City report a large number of
transactions to the Fort Collins Police Services on a weekly basis; and
WHEREAS, a uniform and clear record keeping process needs to be established for
consistent use by all such businesses to promote compliance with both state and local regulations;
and
WHEREAS, there is also a need to clarify when,how and under what circumstances a police
officer may hold property of secondhand dealers believed to have been stolen; and
WHEREAS, Fort Collins Police Services is incurring substantial costs specifically related
to monitoring the operation of secondhand establishments in the City; and
WHEREAS, the Council believes it to be in the best interests of the City to increase the
licensing fee to help defray these costs.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Article XI of Chapter 15 of the Code of the City of Fort Collins is hereby amended
to read as follows:
ARTICLE XI. SECONDHAND DEALERS
Sec. 15-316. Definitions.
The following words, terms and phrases, when used in this Article, shall have
the meanings ascribed to them in this Section:
G�ri�rtonal sale or cbnsi�mnenl hall 0an1"-a �kans �SE`1Q ' erem
secondhand pioperty�s de1�L'�+�red�o�a �e ,, rae�by�t�ie p�o� g �o er,and
. tlieecondharid dealer is regm;ed 20 eiersl to
delxvi3an'd„reriuthecc MIT
guodarro13�retu'm hie goodsoie
� a h P te
perso�„malang,delivery:
Peace officer shall mean any undersheriff or deputy sheriff;(other than one
appointed with authority only to receive and serve summons and civil process,
police officer, state patrol officer, town marshal or investigator for a bdistrict
;attorney or the Attorney Generar who is engaged in full-time employment by the
state or a city, county,town or judicial district within this state.
Secondhand dealer shall mean any erson
selling vi trading vho Haec gt c psi nn Its ""U`e .auk secondhand
property
store front loeation, as weli as any person whose prineipal business is not that o
engaging and selling or trading seeondhand property but who sells or trade
fiteifities in which beconditand property is offered fm sale or trade ot who dealers aftd atiters who are selling or trading seeendli man 4 property in a permattent
or
T his definition-,ter, and the terms of this Article shall not apply tothe
following:
(1)
household fmnishing, and which accepts secondhand FLopetty fo, ciedi
of sirniiar ell acter to
o nit,
on e
(2) A person or organization selling or trading secondhand property at an
exhibition or show which is intended to display and advertise a particular
commodity or class of product, including, but not limited to, antique
exhibitions,firearm exhibitions,home and garden shows and recreational
vehicle shows;
(3) A person or organization which is charitable, nonprofit, recreational,
fraternal or political in nature or which is exempt from taxation pursuant
to section 501(c)(3) of the Internal Revenue Code of 1986;
(4) A person selling or trading firewood, Christmas trees, plants, food
products,agricultural products,fungible goods,pets,livestocl4 or arts and
crafts, excluding jewelry and items crafted of gold or silver, if sold or
traded by the artist or craftsman, his or her immediate family or regular
2
• employees,
(5) A person accephngton constgnmen, selling or trading secondhand
propeerty so, whi" was not originally purchasedym
such a bn for resale and so long as such person does not cc!pp 4h
consignr% sell or trade secondhand property more than five (5)
weekend periods in one (1) calendar year as verified by a declaration to
be prepared by the seller. For purposes of this subsection, weekend
period means Friday through the immediately following Monday.
Secondhand shall mean the following items of tangible personal
,...
property consigne 1 sold or traded by a secondhand dealer:
5
me uip n nt c u tn�g+,;�,,;®_E R ameras,cameralenses(1) Ca
slide or movie projectors, projector screens, flashguns, l e ,
enlargers tri ods binoculars telesco es a�rd microscopes e;
r - ��, ,-,P
reoar' camerasart,�,, ,�r�corppolag�p ;
(2) Entertaxtmentregiipigtinc t Yefelevisions,
phonographs, tape recorders, video recorder a ,. radios, tuners,
speakers, turntables, amplifiers, --us record Chan ers
citizens'band broadcasting units and receivers;and video gamest'
. and co ct'dt gas;
(3) Sao oods andj e , e ud' t kis ski oles,
ski boots, ski bindings, iri=l aka golf
clubs, guns,jewelry, coins, luggage,boots and furs;
'� � r;�t ; , "*� - � w� %Ialffi4bi
u
(4) Home cep wpReIW,�tnc t'i(" j, T ewnters,
addm machines, calculators, comput0rs, aip�e
eomp� . y ts`;portable air conditioners,cash registers,copying machines,
dictating machines automatic telephone answenn machines"widsewing
macbmes, fa tkinac�nitIYo tes >
t *a
(5) Bicycles,r 4 nclud not limitebicycle frames, bicycle derailleur
assemblies,bicycle hand brake assemblies and other bicycle components;
and
(6) Any item of tangible personal property which is marked with a serial or
identification number and the selling price of which is thirty dollars
($30.) or more, except motor vehicles, ranges, stoves, dishwashers,
refrigerators,garbage disposals,boats,airplanes,clothes washers,clothes
dryers, freezers, mobile homes and nonprecious scrap metal.
• 3
Sec. 15-317. License required; annual fee.
(a) It shall be unlawful for any person to engage in the business of
secondhand dealing except as provided in and authorized by this Article and without
first having obtained a license from the Financial Officer. Such license shall be kept
current at all times; and failure to maintain a current license shall constitute a
violation of this Section.
(b) The annual license fee for carryin on the business of secondhand dealing
shall be a 1rGF �, ,w
submitted to ether with an a licafion to the Financial Officer. [
e ess
Sec.15-318. Application for ERROR=license;renewal;limitation on
use; appeals.
(a) No license shall be issued by the Financial Officer until the a lication
for a license shall have&'been filed with the city and approved� t by the
Chief of Police. No license shall be approved by th 1=1
ii,vestigation it is found that the applicant possesses financiai responsibifity,eirm acter
and generat fitness to =nmand the confidence of tile pablic mid to vyw.ant belie
flint the basin
,ap an
e d
0 0 ,
er o
ew `
0
.) o vsZeaang
w. emey sf
(lac) Within forty-five(45)days of receipt of an application to renew a license
4
. issued htreunder, the Financial Officer shall renew such license; provided that the
Chief of Police,after investigation,shal-h has determined that the applicant has
operated the business'insuch a manner as to fully Cbmply
withi;the regpirements of this Article.
(ed) Licenses shall be limited to use at the premises specified in the
application. Ssuch license shall not be transferable.
(de) h, voca p 1,§us epsignio denial of the issuance or renewal of a
license may be appealed to the City
seq Manaec w bse decisiaiv saesiohce d heazmghall `"ry � uitliar appeal
may bye taken��uant to =olofa3o R,u1es o„,f�G�il Proeedu�
Sec. 15-319. Sales tax license required.
Initio` =tlicgn d�deal ieense"4 Eevery secondhand dealer shall
also obtain a separate sales tax license as provided in Section 39-26-103, C.R.S.,
except that secondhand dealers and other persons operating a flea market or similar
facility shall not be required to obtain a sales tax license, but they shall be required
to collect the sales tax and to remit the proceeds of said to the operator of the flea
market or similar facility as provided by this See4erAftiel" . The operator shall
. obtain a sales tax license which is applicable to all sales occurring at the flea market
or similar facility and shall collect the sales tax from each secondhand dealer
operating therein who does not have his or her own sales tax license and shall remit
such proceeds as provided by law for the remittance of sales taxes.
See. 15-320. Keeping of records required.
Every dealer licensed under this Article shall keep at his or her place of business
an accurate, detailed record of every article of secondhand property acquired by
purchase,eonsignm or trade. Such record shall includes a sellerycoltsi nizr
or=trader riiiisfpwvidewat"ttte, me ofithe salmi consignmei t " ; dex the following:
(1) The name,address and date of birth of the " seller or trader;
(2) TL e c`urrenf street a3dressxo 4 "e1cons t lle; ` #r der'.s
residence;
(23) The date, time and place of the corisignniei sale or trade, dhthe
purchase priceor,othe rri6netai:jramount6fthe,.transacti6n;
(34) An accurate and detailed account and description of the item consigned,
• 5
sold or traded, including, but not limited to, anyj(i )0-all trademarks,
identification numbers, serial numbers, psilerr�SheYlnuiber ;model
numbers,brand names or other identifying marks on such item;
(4s) The identification number from any of the following forms of
identification of theorisgno seller or trader:
a. An identification card issued in accordance with Section42-2-4 a,02,
C.R.S.;
b. A valid state driver's license;
c. A valid driver's license containing a picture issued by another state;
d. A military identification card;
e. A valid passport;
f. An alien registration card; or
g. A non-picture identification document issued by a state or federal
government entityffiUMOMMEMMUMMEMEMEWEM
fry'
(-) The sigrtature of the seiler or trader,
Ot1t iXaaA. ed a
"r"sen
s
c 8 ,
Eli
or
OEM
c ro e
(6 ) A declaration by the secondhand dealer that the secondhand dealer is the
rightful owner of the secondhand property and a description of how the
secondhand dealer obtained the property,including the serial number of
such property, if available, or a copy of the bill of sale of such property;
and
6
uw
. (-78) A declaration by the secondhand dealer that the secondhand dealer has
knowledge of the requirement that a record of the sale or trade must be
mailed or delivered to the local law enforcement agency, as required by
§15-321 and by Section 18-13-114(l), C.R.S.
Sec. 15-321. Forms to be sent to police and open to inspection.
(a) Every secondhand dealer shall make such record as required by §15-320
upon forms to be delivered to such dealer by the Office of Police Services. A
secondhand dealer shall mail or deliver the record of the 4in",.$3trxie sale or trade
to the office pPohe e&nej within three (3) days of the date of such
cAftesal�ertrade and shall kee a coo of such record for at least orre (Iafter the date of the diisig e sale or trade.
(b) Upon request during ordinary business hours,the secondhand dealer shall
submit and exhibit the records required to the inspection of any regular police NO—
officer and permit any officer to make a copy. The dealer shall;upon request'exhibit
for the inspection of any of the officers any personal property or merchandise that
may be received by the dealer.
Sec. 15-322. Records for sales tax collection for flea market sales.
• (a) Every secondhand dealer or any person who is a dealer of new goods who
is a retailer and sells such goods at a flea market or similar facili or an
non ermanent location shall keep and preserve suitable records of t` x`_ e
try "r,sales made and such other books or accounts as may be necessary to
determine the amount of tax for the collection of which the dealer is liable under
Title 39, Article 26, Part 1, C.R.S.
(b) It is the duty of every such person to keep and preserve for a period of
three(3)years all invoices of goods and merchandise purchased for resale. All such
books, invoices and other records shall be open for examination at any time by the
rc:-,
Executive Director of the state Department of Revenue, flie&— Director's duly
authorized agents;or any peace officer.
(c) In the case of flea markets and similar facilities in which secondhand
property is offered for sale, n c8pienment, or trade, the operator thereof shall
inform each secondhand dealer of the requirements of this Article and shall provide
the form for recording the information required by § 15-320.
(d) In the case of flea markets and similar facilities in which secondhand
property is offered for sale, cggpstgnmeo or trade,the operator thereof shall record
the name and address of each secondhand deale�o#Ierm 4; r dhaztd
• 7
PTR
prop"erry�gr e,consignor n or,_,a ea the flea market or similaz facility and the
identification number of such dealer as obtained from any of the forms of
identification enumerated in §15-320(4). Such record shall be mailed or delivered
by the operator to the Office of Police Services within three 3 days of the date the
secondhand dealer offered secondhand property for sale�gowpstgmn n or trade at the
flea market or similar facility. A copy of such record shall be retained by the
QM secondhand dealer
offered Mw secondhand property for sale�(*L or trade at the flea market
or similar facility.
Sec. 15-323. Notice; penalties.
Except in the case of flea markets and similar facilities as provided in this
Article,every secondhand dealer shall conspicuously post a notice to be provided by
the Office of Police Services in a place clearly visible to all buyers and traders which
sets forth the rovisions of this Article and ofE�S. 18-13-114 through 18-
13-116 and which sets forth the penalties for violating such sections and for
violating Section 18-4-410,C.R.S.,concerning theft by receiving. Such notification
shall include information to the effect that stolen property may be confiscated by any
peace officer and returned to the rightful owner without corn ensation to the bu er.
to ro
3 t oti � 5�in a s g a mh e
tie e% In the case of flea markets and similaz facilities, the operator shall post the
notice required by this Section in such a manner as to be obvious to all persons who
enter the flea market or similar facility.
Sec. 15-324. Certain property to be held
a) Every secondhand dealer shall keep all secondhand property ac aired b
urchase or trade for a eriod o da s before it is sold
e ,su r
say ��� . t' e ..0 ...
i
Th 'ide
sec n d e
pra # . -
�..
t fl.
c s can eer�ot
p Qnal
p
pjoses- ersnv � alion r,o sib t a o y5uc
pi, m 3..ei aliy any"seCondand�ea e;�: Inr�libd� e . .. ,.": ffe"", >
8
i H'o ld p ¢�R �T ,
provided Keever,thaf nb such ordei shad be.effec y for mo ety
".�+,4sd4�f ,� .
(90�,� unless�cz�m al p;o upon=ha�'� een�n a �� ire d the
prope the`su��'' f theold r� i w � ven O1'c o hall
re�rp_ e` ro�cu gene nbhfe c� c n
th�pro ��eey�gom�t or'`d �mt s d.
d`*
(c 1`preriti "flan" ice ed a d_ ' s e M
m ePo tc". ice nsin o � es
o e fin, n
i" th sett a -o t e sua
e�.
P,� , „• esi an . on
o e er,
Sec. 15-325. Purchase from-certain minors prohibited.
No secondhand dealer shall acquire by purchase or trade any secondhand
personal ro erty from any erson under the age of eighteen(I8�', a � n
t} a�eaitgrle
• Sec. 15-326. Goods stolen or illegally obtained to b :�u, ;-0—01surrendered.
An secondhand dealer who
personal et property or merchandise,either new or secondhand,from any
perso ` not knowing it to have been stolen or illegall obtained;shall deliver it '3
r mto the hands of the lawful owner when owner made
P.. -P_
a reasonably accurate and certain identification ipe by means of number,
description or otherwise.
wh a c e o erso ro e
e ;u e
c_ . a e 1` reasons x ortl%ey q ...
Sec. 15-327. Violations and penalties.
In addition to the revocation;or denialdor;suspension of any license issued mider
any person who shall violate any of the provisions of this
Article, and any person who trades with a secondhand dealer or any secondhand
dealer who knowingly gives false information with respect to the information
. 9
required by§15-320 shall be guilty of a misdemeanor punishable in accordance with
§1-15.
Introduced, considered favorably,and ordered published this I8th day of July,A.D. 2000, and
to be presented for final passage on the 15th day of August, A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of August, A.D. 2000.
Mayor
ATTEST:
City Clerk
10 -