CITY OF LYNNWOOD by xiuliliaofz

VIEWS: 3 PAGES: 10

									 1                                        CITY OF LYNNWOOD
 2
 3                                        ORDINANCE NO. _____
 4
 5
 6                       AN ORDINANCE OF THE CITY OF LYNNWOOD,
 7                       WASHINGTON RELATING TO SECONDHAND DEALERS;
 8                       AND AMENDING SECTIONS 5.82.010, 5.82.020, 5.82.030,
 9                       5.82.050, 5.82.060, 5.82.070, 5.82.080, 5.82.090 OF THE
10                       LYNNWOOD MUNICIPAL CODE; ADDING SECTIONS
11                       5.82.022, 5.82.025, 5.82.084, 5.82.085, 5.82.100 OF THE
12                       LYNNWOOD MUNICIPAL CODE; PROVIDING FOR
13                       SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
14                       DATE AND FOR SUMMARY PUBLICATION.
15
16           WHEREAS, secondhand dealers of personal property have been used by criminals to
17   fence stolen property; and
18
19           WHEREAS, the City of Lynnwood regulates the business activities of secondhand
20   dealers to minimize the possibility that stolen property will be sold or otherwise exchanged for
21   value by secondhand dealers; and
22
23           WHEREAS, such regulation is imposed pursuant to the City’s police power to protect the
24   public health, safety and welfare,
25
26       NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNNWOOD,
27   WASHINGTON, DO ORDAIN AS FOLLOWS:
28
29          Section 1. Section 5.82.010 of the Lynnwood Municipal Code is hereby amended as
30   follows:
31   5.82.010 Secondhand dealer defined. Definitions.
32     A. “Secondhand dealer” means Aany person, firm, corporation or partnership that within the
33   City of Lynnwood as a business engages in the purchase, sale, trade, barter, exchange or receipt
34   of consignment sale, or otherwise transferring for value, any of the following secondhand goods
35   or items shall be deemed to be a “secondhand dealer”:
36           1. Jewelry;
37           2. Precious stones or gems;
38           3. Precious metals, including coins and/or melted metals;
39           4. Televisions, phonographs, stereos, radios, hi-fi sets, and other video, recording, or
40           receiving equipment and/or consoles and photographic equipment;
41           5. Any firearms as defined in LMC 10.52.050;
42           6. All serial numbered items; and
43           7. Computers, computer components, keyboards, printers, compact disc players, compact
44           discs, and video arcade game cartridges;
45     B. Provided, however, that: 1. (a) A duly franchised appliance, furniture, auto parts and
46   accessory dealer, service stations, auctions, wrecking yards and junk dealers, and any jewelry

     Secondhand dealer ordinance 1/5/05
                                                    1
 1   store dealing primarily in firsthand goods, shall be exempted from the provisions of this chapter
 2   as long as such business holds a valid and subsisting license for such designated activity in
 3   compliance with the city of Lynnwood; and 2. (b) Aactivities carried on by charitable, nonprofit,
 4   religious, benevolent, or fraternal associations, organizations or corporations shall be exempted
 5   from the provisions of this chapter.
 6
 7     B. “Person means any individual, firm, corporation, partnership and association.
 8
 9     C. “Licensee” means any secondhand dealer or secondhand dealer employee licensed under
10   this chapter.
11
12     D. “Chief of Police” means the Chief of Police of the City of Lynnwood or his designee.
13
14
15          Section 2. Section 5.82.020 of the Lynnwood Municipal Code is hereby amended as
16   follows:
17
18   5.82.020      License requirements--Fees.
19     A. It is unlawful for any person to engage in the business of secondhand dealer, as above
20   defined defined in LMC 5.82.010, without first procuring a license to do so, to be known as a
21   secondhand dealer’s license. The fee for such secondhand dealer’s license shall be, and the same
22   is hereby fixed and established the same as set forth in the Lynnwood Municipal Code
23   5.04.044(C.)(D.). fixed in the sum of two hundred fifty dollars ($250.00) per year.
24
25     B. Any person having more than one place of business where secondhand dealer goods are
26   bought, sold, traded, consigned, bartered or exchanged shall be required to procure a separate
27   license for each and every such place of business.
28
29     C. The license of a secondhand dealer shall include a photograph and physical description,
30   including date of birth, sex, race, height and weight, of the licensee and the name and address of
31   the licensee’s place of business. A current photograph must be provided upon each license
32   renewal.
33
34     D. If the license application(s), as provided for herein, are approved, the City Clerk shall
35   issue a license(s) to the applicant upon his executing and delivering to the City a bond to be
36   approved by the City Attorney, in the amount of one thousand dollars, conditioned that such
37   licensee conduct such business in compliance with all the laws of the City, State and the United
38   States.
39
40     E. The license of a secondhand dealer employee shall be posted in a conspicuous location in
41   the licensee’s place of business as long as the licensee is employed at the business. The license
42   shall not be altered in any manner.
43
44           Section 3. A new Section 5.82.022 of the Lynnwood Municipal Code is hereby created
45   as follows:
46


     Secondhand dealer ordinance 1/5/05
                                                     2
 1   5.82.022        Employment of unlicensed persons prohibited.
 2     It shall be unlawful for any secondhand dealer licensee to employee any person who does not
 3   have a valid secondhand dealer employee license issued by the City of Lynnwood pursuant to
 4   this chapter.
 5
 6           Section 4. A new Section 5.82.025 of the Lynnwood Municipal Code is hereby created
 7   as follows:
 8
 9   5.82.025        Secondhand dealer employee’s license required.
10     A. It is unlawful for any person to be employed by a secondhand dealer under this chapter
11   without first having obtained a secondhand dealer employee license. Employees not involved in
12   the receipt of property are exempt from the secondhand dealer employee license requirements of
13   this section.
14
15     B. The license of a secondhand dealer employee shall include a photograph and physical
16   description, including date of birth, sex, race, height and weight, of the employee and the name
17   and address of the employer’s place of business.
18
19     C. The license of a secondhand dealer employee shall be posted in a conspicuous location in
20   the licensee’s place of business as long as the licensee is employed at the business. The license
21   shall not be altered in any manner.
22
23     D. It is unlawful for any person to engage in the business of secondhand dealer employee, as
24   defined in LMC 5.82.025, without first procuring a license to do so, to be known as a
25   secondhand dealer employee license. The fee for such secondhand dealer employee’s license
26   shall be fixed in the sum of fifty dollars ($50.00) per year.
27
28          Section 5. Section 5.82.030 of the Lynnwood Municipal Code is hereby amended as
29   follows:
30
31   5.82.030        License--Application--Investigation and issuance conditions.
32   Prior to the issuance of such license, the applicant, or someone on his behalf, shall make written
33   application to the City Clerk for a secondhand dealer’s license on such forms as may be
34   furnished by the City and such application shall be accompanied by the required license fee.
35   Thereupon such application shall be referred to the Police Department for investigation and
36   recommendation. Any applicant who has been convicted, during the previous five year period,
37   for the crime of burglary, larceny, receiving stolen goods and similar crimes, as may be
38   determined by the Chief of Police, or is otherwise not of good moral character, shall be ineligible
39   to receive such license. Upon recommendation by the Police Department, the City Clerk may
40   then approve the application for such license.
41
42     Applicants seeking a license as a secondhand dealer or secondhand dealer employee under this
43   chapter shall:
44     A. Be subject to an investigation by the Chief of Police who shall investigate the following:
45          1.      Whether the applicant has any prior criminal convictions;
46          2.      Whether any outstanding criminal violations or charges exist;


     Secondhand dealer ordinance 1/5/05
                                                     3
 1             3.      Whether any legitimate complaints exist regarding the applicant’s past business
 2                     practices that would have any bearing or effect on the issuance of the license;
 3             4.      Whether the person is prohibited by law from engaging in this type of activity;
 4             5.      Whether the application should otherwise be disapproved based upon public
 5                     safety considerations.
 6     B.              Submit to fingerprinting by the Chief of Police and such fingerprints shall be
 7             retained in the application file, a copy of which may be forwarded to the Washington
 8             State Patrol, Identification Section, or other agency.
 9
10    Within 30 days following receipt of the application from the licensing authority, the Chief of
11   Police shall make a written recommendation on the issuance of the license to the City Clerk who
12   may then approve the application for such license.
13
14          Section 6. Section 5.82.050 of the Lynnwood Municipal Code is hereby amended as
15   follows:
16
17   5.82.050        Recordkeeping--Information required--Dealer responsibility.
18     A. It shall be the duty of every secondhand dealer to maintain, at his place of business, a
19   bound book in which shall be legibly written in ink, a legible record written in the English
20   language, at the time of such exchange, purchase or sale, pawn or pledge, barter or consignment,
21   a record thereof containing the following, among others:
22           1.      The date of the transaction;
23           2.      The name of the person or employee conducting the same;
24           3.      The name date of birth, correct current address and telephone number and the
25           general description of the person with whom the transaction is made. The description
26           shall include the sex, race, height and weight of such person;
27           4.      The name and street and house number of the owner of the property bought or
28           exchanged;
29           5.      The description of the property bought, pawned or pledged, exchanged or traded,
30           or consigned including all serial numbers and identifying marks, which, in the case of
31           watches, shall contain the name of the maker and number of both the works and the case,;
32           and in the case of jewelry, shall contain the description of the size, color, style,
33           manufacturer’s name, type, size and number of stones, and of all letters and marks
34           inscribed thereon; and in the case of audio or video recordings, the title of every item
35           shall be included in the description; and
36           6.      The price paid or the amount loaned for each item purchased or exchanged.;
37           7.      The names, addresses, and telephone numbers of all persons witnessing the
38           transaction;
39           8.      The type and identifying number of identification used by the person with whom
40           the transaction was made, which shall consist of one of the forms of identification listed
41           in Section 5.82.050(C)(2);
42           9.      The number of any pawn ticket issued;
43           10.     The signature of the person selling or pledging the property; and
44           11.     The nature of the transaction, a number identifying the transaction, the store
45           identification as designated by the applicable law enforcement agency or the name and



     Secondhand dealer ordinance 1/5/05
                                                      4
 1             address of the business, and the name of the person or employee conducting the
 2             transaction, and the location of the property.
 3
 4     B. It is unlawful for any secondhand dealer, his agent, employee or representative of such
 5   secondhand dealer to fail, neglect, or refuse to make entry of any material matter in this record,
 6   as required by this chapter, or to make any false entry therein, or to obliterate, destroy or remove
 7   from his place of business any such record.
 8
 9     C. Any person who purchases, sells, trades, barters, exchanges, pawns or pledges, or
10   consigns for sale, or otherwise transfers for value, any property set forth in Lynnwood Municipal
11   Code 5.82.010 to or with a secondhand dealer shall:
12           1.      Sign the record required to be kept by such dealer with the person’s true name and
13   shall include the person’s correct, current address;
14           2.      Produce identification of the person, which shall include one of the following:
15                   a.      Driver’s license or identification card of any state or Province of Canada,
16                           or “identicard” issued by the Washington state department of licensing
17                           pursuant to RCW 46.20.117;
18                   b.      United States active military identification;
19                   c.      Passport; or
20                   d.      Merchant Marine identification card issued by the United States Coast
21                           Guard.
22           3.      Give a thumbprint on forms acceptable to the Lynnwood Police Department.
23
24     D. It shall be the duty of every secondhand dealer, agent, employee, or representative, to
25   require identification as set forth in Section C and to verify the correctness and legibility of the
26   signature of the person involved in comparing the same to the required identification, and
27   further, to obtain a thumbprint on forms acceptable to the Lynnwood Police Department.
28
29     E. Licensees who accept property in pawn, purchase, trade, or consignment in the course of
30   business, shall submit the records of all such transactions created pursuant to LMC 5.82.050(A)
31   to the Police Department within three (3) business days.
32           1.      The categories of property shall be:
33                   a.     Guns;
34                   b.     Tools;
35                   c.     Jewelry;
36                   d.     Office equipment (including cell phones, pagers, etc.)
37                   e.     Musical instruments;
38                   f.     Stereo equipment;
39                   g.     Televisions and video recorders or playback devices
40                   h.     Cameras, including video cameras;
41                   i.     Electronic games;
42                   j.     Audio recordings;
43                   k.     Computer equipment;
44                   l.     Sports equipment;
45                   m.     Precious stones or gems;
46                   n.     Coins;


     Secondhand dealer ordinance 1/5/05
                                                      5
 1                       o.         Scrap metal;
 2                       p.         Video media (tapes, DVD’s, etc.);
 3                       q.         Motor vehicles;
 4                       r.         Clothing;
 5                       s.         Miscellaneous.
 6
 7     F. It shall be the duty of every licensee to personally complete the information on the
 8   transaction form and attempt to verify its accuracy. The licensee shall not allow the person with
 9   whom the transaction is made to complete the form, except so that they may affix their
10   thumbprint, and sign their name.
11           1.     Every licensee shall make a transaction record of all property accepted regardless
12                  of whether a serial number can be found on it. When no serial number is found,
13                  the licensee must include a detailed description of the property on the transaction
14                  form. If the serial number of property brought in has obviously been altered or
15                  removed, the licensee shall obtain all the identifying information possible about
16                  the property and the person in possession of it, to include information on the
17                  vehicle they arrived in if applicable, and shall immediately notify the Police
18                  Department.
19
20          Section 7. Section 5.82.060 of the Lynnwood Municipal Code is hereby amended as
21   follows:
22
23
24   5.82.060        Recordkeeping--Inspection authorized when.
25     All books, writing and other records of any secondhand dealer pertaining to the purchase, sale,
26   exchange, barter, sale consignment, pawn or pledge or receipt of any goods, wares, merchandise
27   or other articles or things of value shall at all reasonable times be open for inspection by the
28   cChief of pPolice, or his duly authorized representative, which inspection shall include all
29   storage areas and all articles or things received, purchased or exchanged and stored with said
30   secondhand dealer.
31
32          Section 8. Section 5.82.070 of the Lynnwood Municipal Code is hereby amended as
33   follows:
34
35   5.82.070        Weekly tTranscript of transaction--False Reports.
36     A. It shall be the duty of every secondhand dealer to report to the cChief of pPolice, or his
37   duly authorized representative, prior to twelve noon of every third day unless such day is a
38   Sunday or legal holiday, then the first business day thereafter, on forms approved by the City, a
39   full, true and correct transcript of the record of all transaction had during the preceding three
40   days. This information shall also be transmitted no less than once per week electronically to an
41   online database approved by the Chief of Police. It shall be further the duty of such secondhand
42   dealer, having good cause to believe that any property in his possession has previously been lost
43   or stolen, to promptly report such facts, together with all pertinent evidence, to the Police
44   Department, together with the name of the previous owner, if known, and the date and name or
45   the person from who the same was received by such secondhand dealer.
46


     Secondhand dealer ordinance 1/5/05
                                                            6
 1     B. Every secondhand dealer, or his agent, employee or representative who fails, neglects or
 2   refuses to make such report, or who falsely reports any material to the Police Department shall
 3   be guilty of a violation of this chapter.
 4
 5          Section 9. Section 5.82.080 of the Lynnwood Municipal Code is hereby amended as
 6   follows:
 7
 8   5.82.080        Holding period for certain items--exchanges with certain persons prohibited.
 9     A. It is unlawful for a secondhand dealer, his agent, employee or representative, to remove any
10   goods, articles or things purchased by him or left with him from his store or place of business
11   until the expiration of thirty days after the same was purchased or received unless said articles or
12   things have, within said time period, been inspected and approved for release by the Police
13   Department.
14
15     B. It is unlawful for any secondhand dealer, his agent, employee or representative to purchase
16   or exchange any article or thing from any person under eighteen years of agent, or from any
17   person who is at the time intoxicated, or from any habitual drunkard or from any person addicted
18   to the use of narcotic drug, or from any person who is know to be a thief, or receiver of stolen
19   goods, or from any person who he has reason to suspect to believe to be such. Notification by
20   the Police Department given to such licensee, his agent, employee or representative, that a
21   person has been convicted of burglary, larceny or receiver of stolen goods, shall constitute
22   sufficient notice of such convictions under the provision of this chapter, and shall be prima facia
23   evidence that the licensee, his agent, employee or representative, has due notice thereof.
24   No licensee under this chapter shall receive in pledge or purchase any property from any person
25   who is at the time of the transaction:
26           1.      under 18 years of age; or
27           2.      under the influence of alcohol; or
28           3.      under the influence of drugs; or
29           4.      attempting to pledge or sell any property which the employee knows or suspects
30                   or should suspect to be stolen;
31           5.      from any habitual drunkard or from any person addicted to the use of a narcotic
32                   drug, or from any person who is known to be a thief or receiver of stolen goods,
33                   or from any person who he has reason to suspect or believe to be such; or
34           6.      known to the licensee as having been convicted of burglary, robbery, theft, fraud,
35                   forgery or possession of or receiving stolen property with in the past 10 years
36                   whether the person is acting in his or her own behalf or as an agent of another.
37                   The Chief of Police shall be authorized to provide licensees a list of convicted
38                   felons from whom they may not receive or purchase property.
39     Notification by the Police Department given to such licensee, his agent, employee or
40   representative, that a person has been convicted of burglary, robbery, larceny, theft, fraud,
41   forgery, or possession of stolen property or receiver of stolen goods, shall constitute sufficient
42   notice of such convictions under the provision of this chapter, and shall be prima facie evidence
43   that the licensee, his agent, employee or representative, has due notice thereof.
44
45           Section 10. A new Section 5.82.084 of the Lynnwood Municipal Code is hereby created
46   as follows:


     Secondhand dealer ordinance 1/5/05
                                                      7
 1
 2   5.82.084       Hours and location of operations.
 3     It shall be unlawful for any secondhand dealer or employee licenses under this chapter to
 4   transact any business between the hours of 9:00 p.m. and 6:00 a.m. unless special written
 5   permission is given by the Chief of Police. All property sold, or taken in pawn, purchase, trade,
 6   or consignment by a licensee shall be done on the business premises and shall be subject to all
 7   applicable transaction restriction.
 8
 9           Section 11. A new Section 5.82.085 of the Lynnwood Municipal Code is hereby created
10   as follows:
11
12   5.82.085       Separation of property on “Police Hold.”
13     Every licensee shall set aside an area on his premises which allows for a clear separation of
14   property under “Police Hold.” It shall be unlawful for any licensee to place, or to knowingly
15   allow property which has been subjected to a written or oral police hold to be placed among non-
16   held property. Upon notification by any law enforcement officer than an item of property taken
17   in pawn, purchase, trade, or consignment is suspected of being stolen, the licensee shall
18   immediately, upon the officer’s request, surrender the described piece of property to the law
19   enforcement officer.
20
21          Section 12. Section 5.82.090 of the Lynnwood Municipal Code is hereby amended case
22   follows:
23
24   5.82.090       Violation deemed misdemeanor--Penalty.
25     A. Any firm, person or corporation violating by omission or commission any provisions of
26   this chapter shall, upon conviction, be guilty of a misdemeanor and be finded by a sum not to
27   exceed $500.00 one thousand dollars ($1,000), or be confined to the City jail for a period up to
28   ninety (90) days, or both such fine and imprisonment.
29
30     B. In addition to any criminal penalty for a violation of this section, the business license of
31   the secondhand dealer or employee who is found guilty, pleads guilty or forfeits bail for a
32   violation of this chapter or any crime involving theft, dishonesty or moral turpitude shall be
33   revoked for a period of one year.
34
35     C. In addition to any criminal penalty for a violation of this section, any firm, person or
36   corporation violating by omission or commission any provisions of this chapter shall be subject
37   to all civil enforcement provisions authorized by the Lynnwood City Code except as precluded
38   by law.
39
40           Section 13. A new Section 5.82.100 of the Lynnwood Municipal Code is hereby created
41   as follows:
42
43   5.82.100       Obligation to supply true and current information.
44   Any person who shall offer property for pawn, purchase, trade or consignment to a pawnshop or
45   secondhand dealer shall upon the request of the licensee, supply true and current information for
46   the transaction record. The person offering the property shall be responsible for verifying the


     Secondhand dealer ordinance 1/5/05
                                                     8
 1   information on the transaction record and it shall be unlawful for any person to affix their
 2   signature to the transaction record if they know the information on the record is not true and
 3   current.
 4
 5           Section 14. Severability. If any section, sentence, clause or phrase of this ordinance
 6   should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
 7   invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
 8   section, sentence, clause or phrase or word of this ordinance.
 9
10           Section 15. Effective Date. This Ordinance shall take effect and be in full force five (5)
11   days after its passage, approval and publication. Publication shall be by a summary publication
12   consisting of the ordinance title.
13
14
15           PASSED this                  day of                 , 2005 and signed in authentication
16   of its passage this                  day of                        , 2005.
17
18
19
20
21                                                               MIKE MCKINNON, MAYOR
22
23
24   ATTEST:                                                     APPROVED AS TO FORM:
25
26
27
28
29   MICHAEL BAILEY                                              GREG RUBSTELLO
30   Director of Administrative Services                         Lynwood City Attorney
31
32
33
34
35
36
37
38
39
40
41   FILED WITH THE CITY CLERK:
42   PASSED BY THE CITY COUNCIL:
43   PUBLISHED:
44   EFFECTIVE DATE:
45   ORDINANCE NO.



     Secondhand dealer ordinance 1/5/05
                                                     9
 1                            SUMMARY OF ORDINANCE NO. _______
 2
 3                                 of the City of Lynnwood, Washington
 4
 5
 6
 7                   On the _____ day of _______________, 2005, the City Council of the City of
 8   Lynnwood, passed Ordinance No. ______. A summary of the content of said ordinance,
 9   consisting of the title, provides as follows:
10
11                 AN ORDINANCE OF THE CITY OF LYNNWOOD,
12                 WASHINGTON RELATING TO SECONDHAND DEALERS;
13                 AND AMENDING SECTIONS 5.82.010, 5.82.020, 5.82.030,
14                 5.82.050, 5.82.060, 5.82.070, 5.82.080, 5.82.090 OF THE
15                 LYNNWOOD MUNICIPAL CODE; ADDING SECTIONS
16                 5.82.022, 5.82.025, 5.82.084, 5.82.085, 5.82.100 OF THE
17                 LYNNWOOD MUNICIPAL CODE; PROVIDING FOR
18                 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
19                 DATE AND FOR SUMMARY PUBLICATION.
20
21
22   The full text of this Ordinance will be mailed upon request.
23
24
25   DATED this _____ day of _________________, 2005.
26
27
28
29                                                    MICHAEL BAILEY
30                                                    Finance Director
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
                                                    -10-

								
To top