ARTICLE C.  SECONDHAND DEALERSlinklink

2-5C-1: STATEMENT OF LEGISLATIVE INTENT; REGULATION:
2-5C-2: DEFINITIONS:
2-5C-3: UNLAWFUL TO OPERATE WITHOUT LICENSE:
2-5C-4: CONTENTS OF LICENSE:
2-5C-5: POSTING LICENSE:
2-5C-6: LIMIT ON NUMBER OF SECONDHAND DEALER LICENSES; EXCLUSIONS:
2-5C-7: LICENSE; LOCATION SUBJECT TO USE PERMIT:
2-5C-8: LICENSE; TO WHOM ISSUED:
2-5C-9: LICENSE APPLICATION, CONTENTS; GENERALLY:
2-5C-10: APPLICATION AND INVESTIGATION FEES:
2-5C-11: FINGERPRINT BASED BACKGROUND CHECKS; INVESTIGATION FEES:
2-5C-12: CONFIDENTIAL INFORMATION:
2-5C-13: SPECIAL PROVISIONS OF SECONDHAND DEALER LICENSE:
2-5C-14: LICENSE; CORPORATION, PARTNERSHIP, ASSOCIATIONS; CHANGES IN MEMBERSHIP:
2-5C-15: LICENSE ISSUANCE:
2-5C-16: LICENSE NONTRANSFERABLE EXCEPT BY CITY:
2-5C-17: LICENSE RENEWAL, COMPLIANCE:
2-5C-18: LICENSE FEES:
2-5C-19: DISPLAY OF SIGN:
2-5C-20: SECONDHAND DEALER REQUIREMENTS AND CONDITIONS:
2-5C-21: RESALE TIME LAPSE:
2-5C-22: RECORDKEEPING; REPORTING; REPORTING EXCEPTION; RECORD RETENTION; RECEIPTS:
2-5C-23: LICENSEE LIABLE FOR THE ACTS OF EMPLOYEES:
2-5C-24: LICENSEE'S AGREEMENT TO CONFORM TO LAW:
2-5C-25: LICENSE REVOCATION, SUSPENSION, CANCELLATION:
2-5C-26: NOTICE OF HEARING:
2-5C-27: APPLICATION OF OTHER ORDINANCES, NEVADA REVISED STATUTES:
2-5C-28: VIOLATION; PENALTY:

2-5C-1: STATEMENT OF LEGISLATIVE INTENT; REGULATION:linklink


It is found and declared that the public health, safety, morals and welfare of the inhabitants of the city of Mesquite require the regulation and control of persons engaged in the secondhand dealer business, or in the operation of secondhand shops. All secondhand dealers, as defined in this article, shall be licensed and regulated so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the city of Mesquite and to safeguard the public. It is further found and declared that the right to obtain such license is a privilege and that the operation of a secondhand dealer's business, when authorized by such license, is a privileged business subject to regulations, and that the license may be revoked for violation of the conditions of this article. In conformity with the policy of this article, the following persons are declared not qualified to hold a license under the provisions of this article:


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 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;


E. 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;


F. A partnership, limited partnership or association, unless all of the members of such partnership, limited partnership or association are qualified to obtain a license;


G. 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;


H. 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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-2: DEFINITIONS:linklink

As used in this article, the words and terms defined in this section have the meanings ascribed to them unless a different meaning clearly appears in the context.

COLLECTIBLE: An object of personal property that has special value primarily because of its unique characteristics and the high level of demand for the object.

DROP OFF CENTER: A collection site where recyclable materials may be taken by persons and deposited into designated containers.

MOTOR VEHICLE: Any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property.

NEW MERCHANDISE: All commodities which merchants normally sell, whether at wholesale or retail, and which have never entered into common marketplace for sale or distribution to a consumer.

RECYCLABLE MATERIALS OR RECYCLABLES: Those materials in, or out of, the solid waste stream, that have not been discarded or abandoned by their owner, and that still have useful physical, chemical or biological properties after serving their original purpose; and, that can be reused or recycled for the same or other purposes. Reusable materials and salvageable materials are considered to be recyclables for the purpose of this article.

SECONDHAND DEALER: Any person having a place of business in the city for purchasing, trading or dealing in any secondhand personal property. Establishments conducting the business of recyclables, or of a drop off center, are included in this definition.

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:


A. Furs;


B. Coins, currency, or stamps; or


C. Collectibles.

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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-3: UNLAWFUL TO OPERATE WITHOUT LICENSE:linklink

It is unlawful for any person to conduct any secondhand dealer business as described in this article without first having obtained a license therefor, as hereinafter provided. A separate license shall be required for each location, place or premises used for the conduct of such businesses. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-4: CONTENTS OF LICENSE:linklink

The license issued under this article shall state the name of the person to whom issued, the place of business and street number where such business is located and the amount of capital employed. Such license shall entitle the person receiving it to do business at the place designated in such license. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-5: POSTING LICENSE:linklink

It is unlawful for any person to conduct or transact a secondhand dealer business in the city, unless, he shall keep posted in a conspicuous place, in the place of the business, the license certificate. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-6: LIMIT ON NUMBER OF SECONDHAND DEALER LICENSES; EXCLUSIONS:linklink

Excluding category A and C and class I secondhand dealers, there shall be no more than twelve (12) category B licenses in the city. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-7: LICENSE; LOCATION SUBJECT TO USE PERMIT:linklink

Secondhand dealers must possess a use permit if a use permit is required by this code. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-8: LICENSE; TO WHOM ISSUED:linklink

No secondhand dealer's license shall be issued to any person, corporation, company, copartnership, or association other than the real and actual proprietor of the business and place of business for which it is issued. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-9: LICENSE APPLICATION, CONTENTS; GENERALLY:linklink


A. Application:

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, and upon receipt of the results of all background investigations, the business license official shall issue the business license.

2. A secondhand dealer license must be active within thirty (30) days of the date of city 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 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 business license official 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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-10: APPLICATION AND INVESTIGATION FEES:linklink


A. Application Fee: At the time of filing such petition, the applicant shall deposit with the business license official 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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-11: FINGERPRINT BASED BACKGROUND CHECKS; INVESTIGATION FEES:linklink


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 business license official 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 business license official 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. (Ord. 477, 12-10-2013, eff. 12-31-2013)

2-5C-12: CONFIDENTIAL INFORMATION:linklink


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 business license official 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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-13: SPECIAL PROVISIONS OF SECONDHAND DEALER LICENSE:linklink


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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-14: LICENSE; CORPORATION, PARTNERSHIP, ASSOCIATIONS; CHANGES IN MEMBERSHIP:linklink

In the case of a corporate licensee, any and all changes in the officers and directors of such corporation shall be reported to the business license department within thirty (30) days of the appointment or election of such officers and directors. Such officers or directors shall be required to qualify for a license as required in this article. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-15: LICENSE ISSUANCE:linklink

Upon receipt of the results of the background investigation from the police department, the business license department shall issue the license; provided, however, that all other conditions, restrictions, payment of fees, and compliance with all applicable state statutes and city ordinances have been met. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-16: LICENSE NONTRANSFERABLE EXCEPT BY CITY:linklink


A. A secondhand dealer license shall be nontransferable to any other person or place of business, without prior approval from the city, 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.


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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-17: LICENSE RENEWAL, COMPLIANCE:linklink

No secondhand dealer license now issued, or hereafter issued, shall be renewed or extended for a total period of more than one year without complying with all the provisions of this article. The provisions of this article regarding issuance of licenses shall apply to all persons now holding a secondhand dealer license, when the same shall expire by their terms. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-18: LICENSE FEES:linklink

License fees shall be charged as outlined in section 2-1-13 of this title, as may be amended or renumbered from time to time. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-19: DISPLAY OF SIGN:linklink

Every secondhand dealer, except class I secondhand dealers, shall maintain and display at all times during the period of his license, in a conspicuous place at the public entrance to the licensed premises, a sign in letters not less than six inches (6") in height, bearing the name of such licensee and the words "Licensed Secondhand Dealer". (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-20: SECONDHAND DEALER REQUIREMENTS AND CONDITIONS:linklink


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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-21: RESALE TIME LAPSE:linklink

Except for class I secondhand dealers, every dealer in secondhand merchandise as defined herein must keep, without concealment, for a period of thirty (30) days, subject to inspection by any police officer or license agent, all merchandise purchased or received from any person, before selling, shipping, or otherwise disposing of the same. The secondhand dealer shall be responsible to keep separate any secondhand items being held during the minimum thirty (30) day period from those items being released for sale. All secondhand items being held must be stored in an area not visible to customers. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-22: RECORDKEEPING; REPORTING; REPORTING EXCEPTION; RECORD RETENTION; RECEIPTS:linklink


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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-23: LICENSEE LIABLE FOR THE ACTS OF EMPLOYEES:linklink

Every licensee shall be liable for the acts of his employees committed during the course and scope of employment. In any license suspension, limitation or revocation proceedings, the fact that the licensee did not have actual knowledge of the events complained of shall be no defense, and every licensee hereunder accepts his license subject to said condition. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-24: LICENSEE'S AGREEMENT TO CONFORM TO LAW:linklink

Acceptance of a city secondhand dealer license by a licensee constitutes an agreement on the part of such licensee to be bound by all of the regulations of the city as the same are now, or may hereafter be amended or promulgated. It is the sole responsibility of the licensee to keep himself informed of the content of all such rules and regulations, and ignorance thereof shall not excuse violations. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-25: LICENSE REVOCATION, SUSPENSION, CANCELLATION:linklink

The council, at any regular or special meeting, may deem that any activity on the part of the licensee or employees, or a person previously found suitable, which is contrary to the public health, safety, morals, good order, or general welfare of the residents of the city or the state of Nevada is grounds for disciplinary action which may result in a suspension, limitation or revocation of the secondhand dealer's license, upon a show cause order. If a license is revoked, suspended, or canceled pursuant to this provision, it shall be unlawful for the licensee to maintain or conduct such business under the license, or at all. Upon such revocation, suspension or cancellation, no refund of any portion of the license fee shall be made to the licensee and he shall immediately cease all business at all places under such license. Without limiting the generality of the foregoing, each of the following reasons are declared to be a basis for disciplinary action:


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 business license official 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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-26: NOTICE OF HEARING:linklink

Notice and the procedure of a hearing scheduled for the purposes set forth in section 2-5C-25 of this article shall be in accordance with section 2-1-14 of this title, as amended or renumbered from time to time. (Ord. 477, 12-10-2013, eff. 12-31-2013)
2-5C-27: APPLICATION OF OTHER ORDINANCES, NEVADA REVISED STATUTES:linklink


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. 477, 12-10-2013, eff. 12-31-2013)

2-5C-28: VIOLATION; PENALTY:linklink

Any person violating any of the terms and provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine, not to exceed the maximum allowable fine under the Nevada Revised Statutes, or by imprisonment in the city jail for a term not to exceed six (6) months, or by both such fine and imprisonment; and shall subject the licensee to suspension, limitation or revocation of his license. Any person being adjudged guilty of a violation of this article, or any of the provisions or prohibitions thereof, may, in the discretion of the council, be denied a license. (Ord. 477, 12-10-2013, eff. 12-31-2013)