ARTICLE C. SECONDHAND DEALERS
The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.2-5C-1: STATEMENT OF LEGISLATIVE INTENT; REGULATION:
A. A person who does not possess or who does not have a reputation for possessing a good moral character;
B. A person who is under the age of twenty one (21) years;
C. A person who has been convicted of a crime involving theft, fraud, dishonesty, receiving or possessing stolen property, any controlled substance violation whatsoever, or any sex offense;
D. A person whom the city council, after due consideration for protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city, determines is not a suitable person to receive or hold a license;
E. A person whose license, issued pursuant to the provisions of this article, or those ordinances or statutes of any other agency lawfully engaged in the licensing or regulation of secondhand dealer businesses, has been revoked for cause;
F. A person who, at the time of renewal of any license issued under this article, would not be eligible for such license upon a first application;
G. A partnership, limited partnership or association, unless all of the members of such partnership, limited partnership or association are qualified to obtain a license;
H. A corporation, unless it is incorporated in the state of Nevada, or unless it is a foreign corporation which is qualified under Nevada law to transact business in Nevada;
I. A corporation or limited liability corporation, if an officer, director, or member thereof would not be eligible to receive a license for any reason which would disqualify an individual applicant. (Ord. 405, 7-22-2008, eff. 8-15-2008)
The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.2-5C-2: DEFINITIONS:
Note: This definition specifically exempts a licensed pawnbroker or a dealer of used books, clothing, musical instruments, sporting goods, or prerecorded media, and the taking in of used items on trade for store credit or the purchase of store merchandise from the requirement to obtain a secondhand dealer's license.
Secondhand Dealer, Category A:
A. A person whose principal business practices and transactions are primarily in new merchandise, with used, or secondhand, merchandise constituting a maximum of thirty percent (30%) of the business activities.
B. This category of secondhand dealer license includes license classifications I or II.
Secondhand Dealer, Category B:
A. A person whose principal business practices and transactions are primarily in used, or secondhand merchandise.
B. This category of secondhand dealer license includes license classifications I or II.
Secondhand Dealer, Category C: A person whose business practices and transactions are in:
B. Coins, currency, or stamps; or
Secondhand Dealer, Class I: Includes all secondhand dealers who handle, or deal in secondhand motor vehicles or trailers for sale or for the purpose of dismantling, wrecking, disassembling and selling the dismantled, wrecked or disassembled parts or accessories; and, secondhand motor vehicles or trailers, or parts and accessories thereof; and, secondhand dealers who dismantle, wreck, or disassemble motor vehicles or trailers, and who possess the appropriate state of Nevada department of motor vehicles dealer's license.
Secondhand Dealer, Class II: Includes all secondhand dealers who handle, or deal in one or more of, but not limited to, the following: metals, scrap metals, rags, paper, furs, furniture, fixtures, household goods, radios, televisions, office supplies and equipment, pictures, paintings, watches, gold, silver and other precious metals, diamonds and other precious stones, recyclables, and dealers who smelt gold or wrought gold, or other wrought metals. (Ord. 405, 7-22-2008, eff. 8-15-2008)
The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.2-5C-3: UNLAWFUL TO OPERATE WITHOUT LICENSE:
1. Whenever a person desires to conduct any secondhand dealer business in the city, or engage in the business thereof, such person shall make application in writing to the business license department of the city to obtain a license therefor. Upon receipt of a complete application, upon receipt of the results of all background investigations, and upon the city manager's approval, the business license department shall submit the application to the city council for consideration.
2. A secondhand dealer license must be active within thirty (30) days of the date of city council approval, with all fees and bonding requirements completed. In no instance may a license remain inactive for more than forty five (45) days unless there has been special approval by the city council after a review of circumstances.
3. Applicants shall reply in writing to any and all questions pertaining to the issuance or renewal of licenses, as may be required by the city to process applications.
B. Contents Of Application:
1. The application shall state the name and address of the applicant, and in case of a firm or corporation, the names and addresses of the persons composing such firm, or of the names and addresses of the officers, directors, and stockholders of such corporation; also the place, street and number where such business is to be carried on; and shall specify the amount of capital proposed to be used by the applicant in such business; and signed by at least five (5) citizens of the city, of good reputation, certifying to the good reputation and moral character of the applicant.
2. Said application shall also state in writing the names and addresses of all persons owning an interest in such business, the name and address of the general manager or managers of the business, and where there is more than one owner of a secondhand dealer's establishment, the names of all such persons owning an interest in such business shall be listed on the application, together with a statement as to the percentage of such business owned by each individual. Each licensee shall designate on the application form the name of an agent residing within the county who is responsible for the conduct of the business and authorized to immediately answer to the council or its agents should inquiry or action be deemed necessary.
3. If the applicant is an individual, the applicant must state in the application his name and place of residence, whether or not he is a citizen of the United States, whether or not he is a bona fide resident of Clark County and a registered voter of the state, and whether or not he has been convicted of a felony or of any other crime which would be considered a felony under the laws of the state.
4. The application shall set forth a consent to police department and business license department investigation of the applicant's background, including, but not limited to, financial background, employment history and criminal record.
5. The application shall require the applicant to list any and all previous arrests, convictions or pending litigation, except minor traffic citations, and the applicant must certify that they are true and complete. (Ord. 405, 7-22-2008, eff. 8-15-2008)
A. Application Fee: At the time of filing such petition, the applicant shall deposit with the city manager an amount of money equal to at least one-half (1/2) year, and not more than one year's charge for the license applied for. This sum of money shall be refunded to the applicant if the license petitioned for shall not be granted.
B. Investigation Fees: Each applicant shall be required to deposit with the application a nonrefundable investigation and fingerprinting fee of one hundred forty five dollars ($145.00).
C. Timing Of Fee Payment: No investigation shall be made of any applicant for a secondhand dealer's license prior to the payment by the applicant, and receipt of such fee, by the city, and no license shall be issued until all appropriate fees are paid. (Ord. 405, 7-22-2008, eff. 8-15-2008)
A. Fingerprint Based Background Checks: In addition to submitting an application, each applicant for a secondhand dealer's license shall present himself to the police agency for fingerprinting and furnish the police or agency any other information necessary to conduct an investigation of such applicant's character and reputation. In all cases where the applicant for a secondhand dealer's license is a firm, partnership, association or corporation, the city manager shall determine who of the members, principal officers, directors, stockholders, and/or managers shall present themselves to the city police agency for fingerprinting. Fingerprint data provided by applicants will be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city police agency. Upon completion of the investigation, the police agency shall prepare and submit to the city manager a report containing findings and a recommendation of approval or disapproval of the applicant. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544.
B. Interrogation By City Council: Any and all persons required to be fingerprinted under the terms of this regulation shall be required to answer any and all questions deemed appropriate and necessary by the city council, pertaining to the application, or the fitness of any person connected as owners, part owners, officers, managers or administrative assistants of any establishment applying for a secondhand dealer's license. (Ord. 405, 7-22-2008, eff. 8-15-2008)
A. All fingerprints required to be taken under the terms of this article and all information obtained by reason of said fingerprints shall be maintained by the city police agency in a confidential file to be opened for the inspection only of city council members, law enforcement officers and peace officers of the state.
B. All information, other than criminal history information, of a confidential nature supplied under the terms of these regulations shall be maintained by the city manager in a confidential file, to be open for the inspection only of city council members, law enforcement officers and peace officers of the state. (Ord. 405, 7-22-2008, eff. 8-15-2008)
A. In all cases, to obtain, and maintain, a category A secondhand dealer license, the business so licensed shall derive a minimum of seventy percent (70%) of its gross revenues from the sale of new merchandise during any six (6) month period of time.
B. No category B secondhand dealer shall conduct, carry on, or maintain any other type of business activity on the premises of the licensed business. (Ord. 405, 7-22-2008, eff. 8-15-2008)
A. A secondhand dealer license shall be nontransferable to any other person or place of business, except by a majority vote of the city council, and the filing of a new bond by the person to whom such license is, or may be, transferred or assigned. It shall be unlawful for any person to do business, or attempt to do business, under a license transferred to him without such consent of the city council.
B. Any assignee, or transferee, of a valid secondhand dealer's license shall be required to obtain a separate license prior to engaging in the business of a secondhand dealer.
C. It is unlawful for any licensee to permit the licensed premises to be managed or utilized by a lessee, or other transferee, who has not first obtained a separate secondhand dealer's license. (Ord. 405, 7-22-2008, eff. 8-15-2008)
A. Class II Secondhand Dealer Purchasing From Minor: It is unlawful for any class II secondhand dealer, whether acting for himself as licensee, or whether by an employee or agent of the licensee, to purchase any secondhand merchandise as defined herein, from any person under the age of eighteen (18) years, except with the written consent or direction of the parent or guardian of such minor. Said written permission shall be maintained as part of the records as specified in section 2-5C-22 of this article.
B. Class I Secondhand Dealer Purchasing From Minor: It is unlawful for any class I secondhand dealer, whether acting for himself as licensee, or whether by an employee or agent of the licensee, to purchase any secondhand merchandise as defined herein from any person under eighteen (18) years of age, unless the person has title, free and clear, for the motor vehicle, or parts, to be purchased, except with the written consent or direction of the parent or guardian of such person.
C. Soliciting On Streets Or Public Highways Prohibited: No secondhand dealer shall be permitted to solicit business upon any street or public highway to the county.
D. Canvassing For Jewelry, Precious Metals, Etc., Prohibited: No person shall conduct a house to house canvass for the purchase or sale of secondhand or used watches, jewelry, gold and other precious metals, diamonds and other precious stones, wrought gold or other wrought precious metals within the city.
E. Proper Fumigation Required: No secondhand dealer shall sell or offer for sale any clothing until the same has been cleaned, pressed and mended, nor shall such person sell or offer for sale any mattress, pillow or bedding until same has been properly fumigated.
F. Premises Requirements:
1. Premises Declared Nuisance: It is hereby declared to be a public nuisance and it shall be unlawful for any secondhand dealer to permit any debris, rubbish, dirt or refuse to be accumulated on his licensed premises, or to permit any dense smoke, cinders, dust, gas or odor which shall be offensive or prejudicial to the health or dangerous to the life of persons to escape from his licensed premises.
2. Maintenance Of Premises, Safety: Every premises or enclosure, except a completely enclosed building, used in the conduct of a class I secondhand dealer business shall be maintained at all times in good condition by the licensee and dismantled motor vehicle or trailer parts shall be piled and stored so that there is freedom from danger to the life or safety of all employees, business invitees and trespassers. Each licensee shall provide reasonable safeguards of the premises. Any class I secondhand dealer business established within one-half (1/2) mile of housing areas of main thoroughfares shall be enclosed by a tight fence or wall at least eight feet (8') high. (Ord. 405, 7-22-2008, eff. 8-15-2008)
A. It is unlawful for any secondhand dealer to fail to keep a substantial and well bound book, or other appropriate recordation as approved by the chief of police, in which he shall enter in ink, or otherwise typed, at the time of purchase or receipt, legibly, and in the English language and shall be kept in accordance with the provisions of Nevada Revised Statutes chapter 647.
B. Each secondhand dealer shall make the necessary reports to the police department in accordance with the provisions of Nevada Revised Statutes chapter 647 and shall be in a form acceptable to the chief of police or his designee.
C. The records required to be kept per subsection A of this section are required to be kept and maintained on the premises for a minimum of three (3) years from the date of original transaction.
D. Upon receipt of any secondhand item, the secondhand dealer should mark same with a mark of identification.
E. Every secondhand dealer shall, at the time of each purchase, deliver to the person selling any goods, articles or things, a receipt signed by him, containing the substance of the entry required to be made by him in such record book, and the sum paid by him for the goods, articles or things purchased; and no charge shall be made or received by any secondhand dealer for any such entry, memorandum or note.
F. Every holder of a class I secondhand dealer license shall promptly deliver to the chief of police all motor vehicle and trailer state license plates attached to any vehicle or trailer received by him for resale, exchange, wrecking or dismantling. (Ord. 405, 7-22-2008, eff. 8-15-2008)
A. Conviction of the licensee of any crime involving theft, fraud, dishonesty, receiving or possessing stolen property, any narcotics violation or any sex offense; or
B. Conducting a secondhand dealer business in an unlawful manner or in a manner detrimental to the public health, safety or welfare; or
C. Each licensee who violates any provision of this article; or
D. Each licensee who knowingly fails to report or conceals from the council a full disclosure of the names of all persons having an interest in the ownership of or having an equitable or beneficial right to the profits under a license in which he has an interest; or
E. Each licensee who knowingly fails to report or conceals from proper authority any information which it is his duty to supply under any statute, ordinance or regulation of the state or the city; or
F. Each licensee who, for conduct subsequent to the issuance of a license, becomes ineligible to hold a secondhand dealer's license as set out in the statutes, ordinances and regulations of the state or city; or
G. Each licensee who made a misrepresentation of a material fact in his application to obtain a license; or
H. Each licensee whose secondhand dealer's license in any place in the state of Nevada, or in any state or municipality which is empowered to issue a license or permit for the business of secondhand dealer, has been revoked for cause. (Ord. 405, 7-22-2008, eff. 8-15-2008)
A. The terms, conditions and policies of other applicable ordinances are intended to be applied in conjunction with the enforcement of all other ordinances of the city designed for the protection of the public health, safety, morals and welfare. The fact that such ordinances are not specifically referred to in this article shall in no manner preclude their application to secondhand dealer licensees.
B. The terms, conditions and requirements of this article are in addition to those imposed under Nevada Revised Statutes 647. (Ord. 405, 7-22-2008, eff. 8-15-2008)