HomeMy WebLinkAbout052 - 05/20/1986 - REPEALING AND REENACTING CITY CODE RELATING TO LICENSING AND REGULATION OF SECONDHAND DEALERS 1
ORDINANCE NO. 52 , 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING ARTICLE II OF CHAPTER 73
OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, Article II of Chapter 73 of the Code of the City of Fort
Collins deals with the licensing and regulation of secondhand dealers doing
business within the City of Fort Collins; and
WHEREAS, the laws of the State of Colorado dealing with this same
subject were previously amended by the State Legislature, so that certain
inconsistencies presently existing between the above mentioned provisions
of the City Code and the provisions of C.R.S. , 18-13-114, 18-13-115,
18-13-116, 18-13-117 and 18-13-118; and
WHEREAS, it is in the best interests of the community that the
above-mentioned ordinance of the City be made consistent with and, in some
respects, more restrictive than, the State statute.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Article II of Chapter 73 of the Code of the City of Fort
Collins, be and the same hereby is, repealed and reenacted as follows:
§73-2. Definitions.
For the purposes of this Article, the following terms shall have the
meanings indicated:
PEACE OFFICER - ANY UNDERSHERIFF, DEPUTY SHERIFF OTHER THAN ONE
APPOINTED WITH AUTHORITY ONLY TO RECEIVE AND SERVE SUMMONS AND CIVIL
PROCESS, POLICE OFFICER, COLORADO STATE PATROL OFFICER, TOWN MARSHAL,
OR INVESTIGATOR FOR A DISTRICT ATTORNEY OR THE ATTORNEY GENERAL WHO IS
ENGAGED IN FULL-TIME EMPLOYMENT BY THE STATE, A CITY, CITY AND COUNTY,
TOWN, JUDICIAL DISTRICT, OR COUNTY WITHIN THIS STATE.
SECONDHAND DEALER - Every person-who- !>ayg,-3e}ls,-exeFrettges�wdeal�irt
-persona4-property-th*t-has been-previeus}y-ased-,--broken er-d43€kgured.
ANY PERSON WHOSE BUSINESS IS THAT OF ENGAGING IN SELLING OR TRADING
SECONDHAND PROPERTY, AS DEFINED BELOW. THIS DEFINITION SHALL GENERALLY
INCLUDE RETAILERS, WHOLESALERS, ANTIQUE DEALERS AND OTHERS WHO ARE
SELLING OR TRADING SECONDHAND PROPERTY IN A PERMANENT STORE FRONT
LOCATION, AS WELL AS ANY PERSON WHOSE PRINCIPAL BUSINESS IS NOT THAT OF
ENGAGING AND ,SELLING OR TRADING SECONDHAND PROPERTY BUT WHO SELLS OR
TRADES SECONDHAND PROPERTY THROUGH MEANS COMMONLY KNOWN AS FLEA MARKETS
OR ANY SIMILAR FACILITIES IN WHICH SECONDHAND PROPERTY IS OFFERED FOR
SALE OR TRADE OR WHO SELLS OR TRADES SECONDHAND PROPERTY FROM A
NON-PERMANENT LOCATION. This definition, however, and the terms of
this Article shall not apply to THE FOLLOWING:
(1) -MerehwAs-*he-,deal- A PERSON OR ORGANIZATION DEALING in new
furniture, dishes or other regular household furnishings and
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WHICH accepts side-art4eles SECONDHAND PROPERTY for credit on
the purchase price of new -ar—u-se-d articles sold
contemporaneously which are of similar character to the goods
so exchanged;
(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, NON-PROFIT,
RECREATIONAL, FRATERNAL OR POLITICAL IN NATURE OR WHICH IS
EXEMPT FROM TAXATION PURSUANT TO SECTIONS 501(c) (3) OF THE
FEDERAL "INTERNAL REVENUE CODE OF 1954, " AS AMENDED;
(4) A PERSON SELLING OR TRADING FIREWOOD, CHRISTMAS TREES, PLANTS,
FOOD PRODUCTS, AGRICULTURAL PRODUCTS, FUNGIBLE GOODS, PETS,
LIVESTOCK, OR ARTS AND CRAFTS, EXCLUDING JEWELRY AND ITEMS
CRAFTED OF GOLD OR SILVER, IF SOLD OR TRADED BY THE ARTIST OR
CRAFTSMAN, HIS IMMEDIATE FAMILY, OR REGULAR EMPLOYEES.
(5) A PERSON SELLING OR TRADING SECONDHAND PROPERTY SO LONG AS SUCH
PROPERTY WAS NOT ORIGINALLY PURCHASED FOR RESALE AND SO LONG AS
SUCH PERSON DOES NOT 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 SUBPARAGRAPH, "WEEKEND PERIOD" MEANS FRIDAY
THROUGH THE IMMEDIATELY FOLLOWING MONDAY.
SECONDHAND PROPERTY - THE FOLLOWING ITEMS OF TANGIBLE PERSONAL PROPERTY
SOLD OR TRADED BY A SECONDHAND DEALER:
(1) CAMERAS, CAMERA LENSES, SLIDE OR MOVIE PROJECTORS, PROJECTOR
SCREENS, FLASHGUNS, ENLARGERS, TRIPODS, BINOCULARS, TELESCOPES,
AND MICROSCOPES;
(2) TELEVISIONS, PHONOGRAPHS, TAPE RECORDERS, VIDEO RECORDERS,
RADIOS, TUNERS, SPEAKERS, TURNTABLES, AMPLIFIERS, RECORD
CHANGERS, CITIZENS' BAND BROADCASTING UNITS AND RECEIVERS, AND
VIDEO GAMES;
(3) SKIS, SKI POLES, SKI BOOTS, SKI BINDINGS, GOLF CLUBS, GUNS,
JEWELRY, COINS, LUGGAGE, BOOTS, AND FURS;
(4) TYPEWRITERS, ADDING MACHINES, CALCULATORS, COMPUTERS, PORTABLE
AIR CONDITIONERS, CASH REGISTERS, COPYING MACHINES, DICTATING
MACHINES, AUTOMATIC TELEPHONE ANSWERING MACHINES, AND SEWING
MACHINES;
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(5) BICYCLES, BICYCLE 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 ($30) OR MORE, EXCEPT MOTOR VEHICLES, RANGES,
STOVES, DISHWASHERS, REFRIGERATORS, GARBAGE DISPOSALS, BOATS,
AIRPLANES, CLOTHES WASHERS, CLOTHES DRYERS, FREEZERS, MOBILE
HOMES, AND NONPRECIOUS SCRAP METAL.
§73-3. Licenses required; INSPECTION AND APPROVAL OF APPLICANT'S
REQUIRED annual fee.
A --No-persen �hntT-eottdae -a+ry-�asiess-a9 a-secondhand deal e+�#n
the -City-of fort-eoilirts--witihmt`-a--1ieemst-theref"r. -Tire-fee
for -pei—year
er-forarty-Imrt`-ef•-a--year.---Tire-i}ireetor-zrf-+finance -if-he
shall-be-satrsffied-that-the-a�pl-icent-is-$-fit�erswrte�ngage
frr-er-earry--orr strelr-business-,--s-k4l--}ssue--a-a 4eense-te-the
appiiean�-upon-payment-of-t4te-fee-4rere+n--spee4 ed. IT SHALL
BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO ENGAGE IN
THE BUSINESS OF SECONDHAND DEALING EXCEPT AS PROV'^ED IN AND
AUTHORIZED BY THIS ARTICLE AND WITHOUT FIRST HAVING OBTAINED A
LICENSE FROM THE DIRECTOR OF FINANCE OF THE CITY OF FORT
COLLINS. 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 CARRYING ON THE BUSINESS OF
SECONDHAND DEALING SHALL BE FIFTY-FIVE DOLLARS ($55. ) ,
SUBMITTED TOGETHER WITH AN APPLICATION TO THE DIRECTOR OF
FINANCE.
C. NO LICENSE SHALL BE ISSUED BY THE DIRECTOR OF FINANCE UNTIL THE
APPLICATION FOR A LICENSE SHALL HAVE BEEN APPROVED BY THE CHIEF
OF POLICE FOR THE CITY OF FORT COLLINS. NO LICENSE SHALL BE
APPROVED BY THE CHIEF OF POLICE UNLESS, AFTER INVESTIGATION, HE
SHALL HAVE FOUND THAT THE APPLICANT POSSESSES FINANCIAL
RESPONSIBILITY, CHARACTER AND GENERAL FITNESS SO AS TO COMMAND
THE CONFIDENCE OF THE PUBLIC AND TO WARRANT BELIEF THAT THE
BUSINESS WILL BE OPERATED LAWFULLY, HONESTLY, FAIRLY AND
EFFICIENTLY FOR THE PURPOSE OF THIS ARTICLE. WITHIN FORTY-FIVE
(45) DAYS OF RECEIPT OF AN APPLICATION TO RENEW A LICENSE
ISSUED HEREUNDER THE DIRECTOR OF FINANCE SHALL RENEW SUCH
LICENSE , PROVIDED THAT THE CHIEF OF POLICE , AFTER
INVESTIGATION, SHALL HAVE DETERMINED THAT THE APPLICANT HAS
OPERATED THE BUSINESS IN SUCH A MANNER AS TO FULLY EFFECTUATE
THE PURPOSES OF THIS ARTICLE. LICENSES SHALL BE LIMITED TO USE
AT THE PREMISES SPECIFIED IN THE APPLICATION. SUCH LICENSE
SHALL NOT BE TRANSFERABLE. DENIAL OF THE ISSUANCE OR RENEWAL
OF A LICENSE HEREUNDER MAY BE APPEALED TO THE CITY COUNCIL
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THROUGH THE SAME PROCEDURES PROVIDED FOR APPEALS FROM THE FINAL
DECISIONS OF BOARDS AND COMMISSIONS CONTAINED IN CHAPTER 3A OF
THIS CODE.
D. EVERY 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 TO THE OPERATOR OF THE FLEA MARKET OR
SIMILAR FACILITY AS PROVIDED BY THIS SECTION. 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 OWN SALES TAX LICENSE
AND SHALL REMIT SUCH PROCEEDS AS PROVIDED BY LAW FOR THE
REMITTANCE OF SALES TAXES.
§73-4. Keeping of records required; inspections.
A. Every dealer licensed under this Article shall keep at his
place of business an accurate, detailed record of every article
of secondhand property purchased by him, such record to include
the -da4a--G£--purcbasey--aame---0#--4ea-1$r� -amouxt,--pa4d-arid
cleseriptiexr-ef- art�rr}e,--end -srreh-r ec ord -sha4a- be-eaeatr-and
leg .IAe- FOLLOWING:
(1) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE SELLER OR
TRADE;
(2) THE DATE, TIME AND PLACE OF THE SALE OR TRADE;
(3) AN ACCURATE AND DETAILED ACCOUNT AND DESCRIPTION OF THE
ITEM SOLD OR TRADED, INCLUDING, BUT NOT LIMITED TO, ANY
TRADEMARK, IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL
NUMBER, BRAND NAME, OR OTHER IDENTIFYING MARK AND SUCH
ITEM;
(4) THE IDENTIFICATION NUMBER FROM ANY OF THE FOLLOWING FORMS
OF IDENTIFICATION OF THE SELLER OR TRADER:
(a) A VALID COLORADO DRIVER'S LICENSE;
(b) AN IDENTIFICATION CARD ISSUED IN ACCORDANCE WITH
42-2-402, C.R.S. ;
(c) A VALID DRIVER'S LICENSE CONTAINING A PICTURE, ISSUED
BY ANOTHER STATE;
(d) A MILITARY IDENTIFICATION CARD;
(e) A VALID PASSPORT;
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(f) AN ALIEN REGISTRATION CARD; OR
(g) A NON-PICTURE IDENTIFICATION DOCUMENT ISSUED BY A STATE
OR FEDERAL GOVERNMENT ENTITY;
(5) THE SIGNATURE OF THE SELLER OR TRADER; AND
(6) A DECLARATION BY THE SECONDHAND DEALER THAT HE IS THE
RIGHTFUL OWNER OF THE SECONDHAND PROPERTY AND A DESCRIPTION
OF HOW HE OBTAINED THE PROPERTY, INCLUDING THE SERIAL
NUMBER OF SUCH PROPERTY, IF AVAILABLE, OR A COPY OF THE
BILL OF SALE OF SUCH PROPERTY;
(7) A DECLARATION BY THE SECONDHAND DEALER THAT HE HAS
KNOWLEDGE OF THE REQUIREMENT THAT HE MAIL OR DELIVER A
RECORD OF THE SALE OR TRADE TO THE LOCAL LAW ENFORCEMENT
AGENCY, AS REQUIRED BY SUBSECTION B OF THIS SECTION AND BY
THE PROVISIONS OF 18-13-114(1), C.R.S.
B. Every secondhand dealer shall MAKE SUCH RECORD AS REQUIRED BY
PARAGRAPH A OF THIS SECTION UPON FORMS TO BE DELIVERED TO SUCH
DEALER BY THE FORT COLLINS POLICE DEPARTMENT. A SECONDHAND
DEALER SHALL MAIL OR DELIVER THE RECORD OF THE SALE OR TRADE TO
THE FORT COLLINS POLICE DEPARTMENT WITHIN THREE (3) DAYS OF THE
DATE OF SUCH SALE OR TRADE AND SHALL KEEP A COPY OF SUCH RECORD
FOR AT LEAST ONE (1) YEAR AFTER THE DATE OF THE SALE OR TRADE.
Upon request during ordinary business hours, THE SECONDHAND
DEALER SHALL submit and exhibit the records herein required to
the inspection of "-Chief-of--Rsl-i.:e or any regular police
officer of the City of Fort Collins and permit any of said
officers to make a copy thereof. tIe-THE DEALER shall also upon
request exhibit for the inspection of any of the above-named
officers any personal property or merchandise that may be so
received by him.
C. 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 FACILITY OR ANY NON-PERMANENT LOCATION SHALL KEEP
AND PRESERVE SUITABLE RECORDS OF SALES MADE BY HIM AND SUCH
OTHER BOOKS OR ACCOUNTS AS MAY BE NECESSARY TO DETERMINE THE
AMOUNT OF TAX FOR THE COLLECTION OF WHICH HE IS LIABLE UNDER
PART 1 OF ARTICLE 26 OF TITLE 39, C.R.S. 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, AND ALL SUCH BOOKS, INVOICES AND OTHER RECORDS SHALL BE
OPEN FOR EXAMINATION AT ANY TIME BY THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF REVENUE, HIS DULY AUTHORIZED AGENTS, OR ANY
PEACE OFFICER.
D. IN THE CASE OF FLEA MARKETS AND SIMILAR FACILITIES IN WHICH
SECONDHAND PROPERTY IS OFFERED FOR SALE OR TRADE, THE OPERATOR
THEREOF SHALL INFORM EACH SECONDHAND DEALER OF THE REQUIREMENTS
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OF THIS SECTION AND SHALL PROVIDE THE FORM FOR RECORDING THE
INFORMATION REQUIRED BY PARAGRAPH A OF THIS SECTION.
E. IN THE CASE OF FLEA MARKETS AND SIMILAR FACILITIES IN WHICH
SECONDHAND PROPERTY IS OFFERED FOR SALE OR TRADE, THE OPERATOR
THEREOF SHALL RECORD THE NAME AND ADDRESS OF EACH SECONDHAND
DEALER OPERATING THE FLEA MARKET OR SIMILAR FACILITY AND RECORD
THE NAME AND ADDRESS OF EACH SECONDHAND DEALER OPERATING THE
FLEA MARKET OR SIMILAR FACILITY AND THE IDENTIFICATION NUMBER
OF SUCH DEALER AS OBTAINED FROM ANY OF THE FORMS OF
IDENTIFICATION ENUMERATED IN SUBPARAGRAPH A(4) OF THIS SECTION.
SUCH RECORD SHALL BE MAILED OR DELIVERED BY THE OPERATOR TO THE
FORT COLLINS POLICE DEPARTMENT WITHIN THREE (3) DAYS OF THE
DATE THE SECONDHAND DEALER OFFERED SECONDHAND PROPERTY FOR SALE
OR TRADE AT THE FLEA MARKET OR SIMILAR FACILITY. A COPY OF
SUCH RECORD SHALL BE RETAINED BY THE OPERATOR FOR AT LEAST ONE
(1) YEAR AFTER THE DATE THE SECONDHAND DEALER OFFERED
SECONDHAND PROPERTY FOR SALE OR TRADE AT THE FLEA MARKET OR
SIMILAR FACILITY.
§73-5. NOTICE - PENALTIES.
EXCEPT IN THE CASE OF FLEA MARKETS AND SIMILAR FACILITIES ARE
PROVIDED IN THIS SECTION, EVERY SECONDHAND DEALER SHALL CONSPICUOUSLY
POST A NOTICE TO BE PROVIDED TO HIM BY THE FORT COLLINS POLICE
DEPARTMENT IN A PLACE CLEARLY VISIBLE TO ALL BUYERS AND TRADERS WHICH
SETS FORTH THE PROVISIONS OF THIS ARTICLE AND OF SECTIONS 18-13-114
THRU 18-13-116, C.R.S. 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 COMPENSATION TO THE BUYER. IN
THE CASE OF FLEA MARKETS AND SIMILAR FACILITIES, THE OPERATOR THEREOF
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.
§73-6. Certain property to be held. Every secondhand dealer shall
keep all secondhand property purchased by him for a period of ten
(10) days before the same is sold.
§73-7. Purchase from certain minors prohibited.
No secondhand dealer shall purchase any secondhand personal
property or merchv*i-m from any person under the age of eighteen (18)
years.
§73-8. Goods stolen or illegally obtained to be surrendered.
Any secondhand dealer who shall have accepted, obtained or bought
any personal property or merchandise, either new or secondhand, from
any person, not knowing the same to have been stolen or illegally
obtained shall deliver the same into the hands of the lawful owner when
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said owner shall have made a reasonably accurate and certain
identification by means of number, description, or otherwise. is-tba
pweseRee-of-l;he-#Rve9ttgafiRg-eff4eer.
§73-9. VIOLATIONS AND PENALTIES.
IN ADDITION TO THE REVOCATION OR SUSPENSION OF ANY LICENSE ISSUED UNDER
THE PROVISIONS HEREOF, ANY PERSON, FIRM OR CORPORATION 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 REQUIRED BY PARAGRAPH A OF
SECTION 73-4, SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE IN ACCORDANCE
WITH THE ORDINANCES OF THE CITY OF FORT COLLINS.
Introduced, considered favorably on first reading, and ordered
published in summary form this 6th day of May, A.D. 1986 and to be
presented for final passage on the 20th day of May, A.D. 1986.
Mayor
ATAT E
City Clerk
Passed and adopted on final reading this 20t day of May, A.D. 1986.
Mayor
ATTEST:
City
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