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CITY OF RENTON, WASHINGTON
ORDINANCE 110 . 3707
AN ORDINANCE. OF THE CITY OF PENTON, WASHINGTON,
AMENDING CHAPTER 15 OF TITLE V (BUSINESS REGULATIONS)
OF ORDINANCE NO. 1628 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON" REGARDING SECONDHAND
DEALERS .
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS :
SECTION I : Chapter 15 of Title V (Business Regulations) of }
Ordinance No. 1628 entitled "Code of General Ordinances of the City
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of Renton" is hereby amended by adding the following Section :
Section 5-1500 : FINDINGS :
The Renton City Council makes the following findings :
(A) The City of Renton has an interest in maintaining records
of transactions involving those secondhand or used items which are in
a high theft risk category for purposes of tracing their origin and
location in the event they are determined to be stolen, and are
identifiable , whether by serial number, make , model , marks or
characteristics . Stolen property will be confiscated, without compen-
sation -to the second hand dealer , by the City . Stolen property shall
be returned to the original owner whenever possible .
(B) The Council finds an increase in juvenile involvement
in unlawful activity; further, that secondhand dealers are likely,
though unwitting, recipients of stolen property from those juveniles . : '
Further, that juveniles are incompetent for purposes of entering into
binding transactions ; and that , further , the common good of the people ,
of the City of Renton will be best served by prohibiting; the purchase
of high theft risk items from juveniles .
(C) The City should enact an Ordinance to require the
maintenance of records which would fully identify the sellers of
secondhand goods to the secondhand dealer , and fully identify the
purchaser of said goods from a secondhand dealer and restricting; the
participants in those transactions .
SECTION II : Existing Section 5-1501 of Title V (Business
Regulations) of Ordinance No . 1628 entitled "Code of General Ordinances
of the City of Renton : is hereby amended as follows :
Section 5-1501 , as amended :
(A) Secondhand Dealer : Any person, company , firm, corporation,
partnership or association within the City of Renton who shall , as
a business , engage in the purchase, sale, trade , barter or exchange .of
those secondhand or used items which are in a high theft risk category .
PROVIDED, HOWEVER, that a duly franchised large appliance dealer,
furniture dealer , auto parts and accessory dealer , service station ,
auction, wrecking yard and junk dealer , shall not be considered
secondhand dealers for purposes of this ordinance as long as such
business holds a valid license for such designated activity in compliance
with the laws of the City of Renton, and maintains records of transactions
involving secondhand or used items which are in a high theft risk
category in substantial compliance with the requirements of this
chapter. Furthermore , any person, firm, corporation, partnership or
association, otherwise duly licensedinthe City as a business , that
only occasionally and not as a part of its regular business activities ,
accepts , "trade-ins" upon purchase of new goods or merchandise ,
said trade-in business representing five percent (5%) or less of the
number of transactions , shall not be required to comply with the
terms of this ordinance as long as such licensee has reasonable
grounds to believe that such "trade-in" is a lawfully acquired or
owned property of the person offering same .
(B) High Theft Risk: Secondhand or used items which
are in a high theft risk category shall include , but shall not be
limited to : firearms , small appliances , stereo components , tape
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decks , C B radios , portable radios , electronic video components ,
televisions and bicycles which are identifiable by serial num'Der , make
model, marks or characteristics .
SECTION III : Existing Section 5-1502 of Title V (Business
Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances
of the City of Renton" is hereby amended to read as follows :
Section 5-1502 , as amended : LICENSE FEE :
(A) It shall be unlawful for any person to engage in the
business of a secondhand dealer without first procuring a license
to do so , to be known as a secondhand dealer' s license . No second-
hand dealer shall be required to obtain a general business license
for the City of Renton in addition to the secondhand dealer ' s license .
The fee for such secondhand dealer' s license shall be Fifty Dollars
(550 . 00) .
(B) Any person, firm, corporation, partnership or association
which first obtains a general business license from the City of Renton
and wishes to convert such license to a secondhand dealer ' s license ,
shall obtain a secondhand dealer' s license by compliance with the
application requirements set out in Section 5-1503 below, and paying.
an additional license fee in the amount of the difference between
t:-1e general business license previously obtained and the secondhand
dealer ' s licens : fee.
(C) Any person having more than one place of business
where secondhand goods are bought , sold, traded bartered or exchanged,
shall be required to procure a separate license for each and every
such place of business .
SECTION IV: Existing Section 5-1503 of Title V (Business
Regulations) of Ordinance No . 1628 entitled "Code of General Ordinances
of the City of Renton" is hereby amended as follows :
Section 5-1503 , as amended : APPLICATION FOR LICENSE:
Prior to the issuance of such license , the applicant , or
someone on ;his behalf, shall make written application to the Director
of Finance for a secondhand dealer ' s license on such forms as may be
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furnished by the City. Such application shall be accompanied by the
required license fee. Thereupon such application shall be referred to ;
the Police Department for investigation. Any applicant who has been
convicted, during the previous five (5) year period, for the crime
of. burglary, larceny, receiving stolen goods , and similar crimes
involving the misappropriation or wrongful possession of property ,
shall be ineligible to receive such license . Upon the written report
of eligibility by the Police Department to the Director of Finance ,
such license shall then be issued by the Director of Finance to such
applicant upon payment of the required license fees .
SECTION V: Existing Section 5-1504 of Title V (Business
Regulations) of Ordinance No . 1628. entitled "Code of General Ordinances
of the City of Renton" is hereby amended as follows :
Section 5-1504, as amended : CHANGE LOCATION OF BUSINESS :
A secondhand dealer ' s license shall not be transferable from one
person to another , but such. licensee may, upon written application
to the Director of Finance, have such license transferred to a new
location in the City. Notice of such application shall be given
to the Police Department , and the change of address shall thereupon
be noted on the license, together with the date of such change. In
case of sale of such business , application must be made by the proposed
purchaser for such license as provided for in Section 5-1503 hereinabove .
SECTION VI : Existing Section 5-1505 of Title V (Business
Regulations) of Ordinance No . 1628 eriLiLled "Code of General Ordinances
of the City of Renton" is hereby amended as follows : ,
Section 5-1505 , as amended : REQUIRED TO KEEP RECORDS :
(A) It shall be the duty of every secondhand dealer to
maintain at his place of business , a bound book or binder in which
shall be legibly written in ink, on pre-numbered forms provided by
the City of Renton, in the English language, at the time of such trmisaction
of high theft risk items as defined herein, a record thereof containing the following:
1. The date of the transaction.
2 . The name of the person or employee conducting the
transaction .
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3 . The name, date of birth, correct current address
and the general description of the person with
whom the transaction is made. The description
shall include the sex, age, height and weight ,
hair and eye color , and race of such person;
4. The address and phone number of the owner of the
property which is the subject of the transaction;
5 . The description of the subject property, including.
all serial numbers and identifying markings , which,
in the case of watches , shall contain the name
of the maker and the number of both the works and
the case, and in the case of jewelry , shall contain
the description of all letters and marks inscribed
thereon;
6 . The price paid for each item purchased or exchanged.
(B) It shall be unlawful for any secondhand dealer , his agent ,
employee, or representative of such secondhand dealer to fail , neglect
or refuse to make entry of any material matter in this record , as
required by this Ordinance , or to make any false entry therein, or
to obliterate, destroy or remove from his place of business any such
record.
(C) Any one who sells , consigns , or exchanges any property
to or with a secondhand dealer shall sign the record required to be
kept by such dealer with his true name and shall include his correct
current residence address , Every secondhand dealer , his agent,
employee or representative shall require identification of such person
in each instance . Such identification shall include the name of the
person, birth date , sex, and general description, as outlined above ,
and current address of the person who sells , consigns , or exchanges
the property. The signature shall be verified for correctness and
legibility by such licensee, his agent, employee or representative .
The form of identification shall be noted with the serial number of
said identification. If the identification used is a Washington
Driver ' s License , the secondhand dealer , his agent , employee , or
representative shall record the driver ' s license number .
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SECTION VII : Existing Section 5-1506 of Title V (.Business
Regulations) of Ordinance No . 1628 entitled "Code of General Ordinances
of the City of Renton" is hereby amended as follows :
Section 5-1506 , as amended : TIME LIMIT; HOLDING ITEM REQUIRED ;
NO ALTERATION:
(A) It shall be unlawful for any secondhand dealer, his agent ,
employee or representative , to remove any goods , articles or things
purchased by him or left with him for his store or place of business
until the expiration of ten (10) calendar days after the daily transcript , '
as provided for in Section 5-1508 , has been delivered to the Penton
Police Department unless said goods , articles or things have , within
said time period, been inspected and approved for release by the
Police Department . Likewise, for good cause shown, and while any
investigation is pending, the Police Department may require the licensee
to hold said items for more than the ten (10) day period but not to
exceed thirty (30) days .
This subsection shall not apply to those transactions between
secondhand dealers licensed pursuant to this Ordinance, and in which
the selling secondhand dealer has held the item for 30 days , or more .
(B) It shall be unlawful for any secondhand dealer, his
agent, employee or representative , to alter in any way any goods ,
articles or things purchased by him or left with him, unless or until
those items have been held 60 days or longer. In no event shall serial numbers be alterecL
This subsection shall not apply to those transactions
between secondhand dealers licensed pursuant to this Ordinance , and
in which the selling; secondhand dealer held the item for 60 days , or
more . In no event shall serial numbers be altered .
SECTION VIII : A new Section 5-1507 of Title V (Business
Regulations) of Ordinance No . 1628 entitled "Code of General Ordinances
of the City of Renton" is hereby established as follows :
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Section 5-1507 : RESTRICTIONS : It shall be unlawful for
any secondhand dealer, his agent , employee or representative to conduct
any transaction involving a high theft risk item with any person
under eighteen (.18) years of age , or from any person who is at the
time intoxicated, or from any habitual drunkard, or from any person
addicted to the use of narcotic drugs , or from any person who is known
to be a thief, or a receiver of stolen goods , or from any person whom
he has reason to suspect to believe to be such. Notification by the
Police Department unto such licensee , his agent, employee , or
representative, that a person has been convicted of burglary, larceny
or receiver of stolen goods , shall constitute sufficient notice of
such conviction under the provision of this Chapter , and shall be
prima facie evidence that the licensee, his agent , employee or
representative has due notice thereof.
SECTION IX: Existing Section 5-1507 of Title V (Business
Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances
of the City of Renton" is re-enacted as Section 5-1508 , as follows :
Section 5-1508 : DAILY TRANSCRIPT:
(A) It shall be the duty of every secondhand dealer or his
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agent to hand deliver to the Chief of Police, or his duly authorized
representative, prior to twelve o ' clock (12 :00) of every business
day, on pre-numbered forms furnished by the City, a full , true and
correct transcript of the record of all transactions , involving
high theft risk items , had on the preceding business day. It shall
further be the duty of such secondhand dealer, having good cause
to believe that any property in his possession has previously
been lost or stolen, to promptly report such facts , together with
all perintent evidence, to the Police Department, together with the
name of the owner , if known, and the date, and name of the person
from whom the same was received by such secondhand dealer .
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(B) Every secondhand dealer, his agent , employee or
representative who shall fail , neglect or refuse to make such report ,
or who shall falsely report any material matter to the Police
.Department shall be guilty of a violation of this Ordinance .
SECTION X: Existing Section 5-1508 of Title V (Business
Regulations) of Ordinance No . 1628 entitled "Code of General Ordinances
of the City of Renton: is re-enacted as Section 1509 , as follows :
Section 5-1509 : RECORDS TO BE OPEN FOR INSPECTION :
All books , writings and other records of any secondhand dealer pertaining,.-
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ertainingto the purchase , exchange, barter, sale or receipt of any goods ,
wares , merchandise or other articles or things of value, shall at
all reasonable times be open for inspection by the Chief of Police ,
or his duly authorized representative , which inspection shall include
all storage areas and all articles or things received, purchased or
exchanged and stored with said secondhand dealer .
SECTION XI : Existing Section 5-1509 of Title V (Business
Regulations) of Ordinance No . 1628 entitled "Code of General Ordinances
of the City of Renton" is re-enacted as Section 5-1510 as follows :
Section 5-1510 : PENALTY: Any firm, person or corporation
violating any provision of this Ordinance shall , upon conviction,
be guilty of a misdemeanor and be fined by a sum not exceeding five
hundred dollars ($500. 00) or be confined to the City Jail for a
period up to ninety (90) days , or both such fine and imprisonment .
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SECTION XII : Existing Section 5-151.0 of Title V (Business
Regulations) of Ordinance No . 1628 entitled "Code of General Ordinances
of the City of Renton : is re-enacted as Section 5-1511 , as follows : '
Section 5-1511_ If any section, subsection, sentence ,
clause, phrase or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate , distinct and independent
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provision and such holding shall not affect the validity of the
remaining portions of this Ordinance.
SECTION XIII : This Ordinance shall be effective upon its
passage, approval and thirty (30) days after its publication.
PASSED BY THE CITY COUNCIL this 24t:1i day of .7anuary�, 1983
Maxine E. Motor , Citv Crere
APPROVED BY THE MAYOR this 24th day of January, 1983
Barbara Y hinp c—i ,, Mayor
Approved as to form:
Lawrence J. Vfa en, City Attorney
Date of Publication : January 28, 1983 Summary Form)
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