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Ordinance 85-2483 ORDINANCE NO. 85-2483 AN ORDINANCE CREATING CHAPTER 35A OF THE CODE OF THE CITY OF MIAMI BEACH TO BE ENTITLED SECONDHAND DEALERS; PROVIDING FOR THE RECORDING OF TRANSACTIONS MADE BY SECONDHAND DEALERS; PROVIDING FOR REPORTING OF SAID TRANSACTIONS ON APPROVED FORMS WITHIN FORTY-EIGHT HOURS TO THE CHIEF OF POLICE; PROVIDING FOR SALE OF SAID FORMS BY THE POLICE DEPARTMENT; PROVIDING FOR A FIFTEEN DAY HOLDING PERIOD ON GEMS, PRECIOUS STONES AND PRECIOUS METALS, AND A THIRTY DAY HOLDING PERIOD ON OTHER SECONDHAND PROPERTY; AUTHORIZING THE POLICE TO HOLD ANY MERCHANDISE BELIEVED TO BE THE SUBJECT OF CRIMINAL INVESTIGATION; PROVIDING FOR INSPECTION OF PREMISES AND RECORDS; PROHIBITING CERTAIN ACTS; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: STATEMENT OF PURPOSE That this Ordinance is intended to provide an effective method of locating stolen items and identifying individuals dealing in then. This Ordinance is enacted pursuant to Chapter 538 Fla. Stats. (1983). SECTION 2: That Chapter 35A of the Code of the City of Miami Beach is hereby created to read as follows: Chapter 35A Secondhand Dealers: Sec. 35A-1 Secondhand Dealers - Definition. The term "Secondhand Dealers" shall mean any person, firm, corporation or partnership engaged in a business of buying, selling, bartering, exchanging in any manner at retail or wholesale or otherwise dealing for profit in secondhand goods as defined in Section 35A-2 hereof, whether or not at a fixed place of business. Such term shall include pawnbrokers and all dealers who buy, trade or sell or who make loans of money upon the deposit or pledge of any secondhand goods. Provided, however, that nothing in this Ordinance shall apply to: A. Registered religious or charitable organizations selling reconditioned or used articles; B. Licensed garage sales; C. Any person whose primary business is dealing in gold or silver coins. Sec. 35A-2 Secondhand Property - Definition The term "Secondhand Property" shall mean personal property previously owned or used which is not purchased or sold as new and shall include, but shall not be limited to, items containing gold, silver, platinum or other precious metals; jewelry, diamonds, gems, and other precious stones; audio and video electronic equipment, including but not limited to, television sets, radios, amplifiers, receivers, turntables, tape recorders, video tape recorders, speakers and citizens band radios; photographic equipment, including but not limited to cameras, lenses, and developing equipment; machinery, tools, electronic motors, calculators, tires, hub caps, musical instruments, typewriters and firearms. Sec. 35A-3 Records of Transactions to be Kept and Delivered Every secondhand dealer shall keep a record on forms approved by the Chief of Police. The record shall be clearly and legibly • written in ink in the English language at the time of each acquisition and shall contain an accurate and true description of each article purchased, bartered, exchanged or received, including a notation to any identifying markings or characteristics such as serial numbers; the amount of money or other consideration loaned thereon or paid or given therefor; the date and time of the acquisition of such article by the secondhand dealer; the true name of the person dealt with, as nearly as known, as well as such person's signature and thumbprint, place of residence, sex, age, height , build, color of hair, color of eyes, complexion and reasonable proof of identification by an exhibition of a driver's license or other picture identification or other reliable means of identification. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon. For purposes of this ordinance, credit cards, social security cards, handwritten identification cards and non-photo LD. shall not constitute acceptable L D. No entry made in such record shall be erased, obliterated or defaced. Every secondhand dealer shall deliver to the office of the Chief of Police of the City of Miami Beach a complete and correct copy of said record within twenty four (24) hours of the date of acquisition of items covered under this ordinance. Sec. 35A-4 Required Recording Form Each record maintained in compliance with this ordinance shall be maintained exclusively on the official form designated for this purpose by the Chief of Police. The Police Department shall provide without charge to each secondhand dealer a book of official forms to be used for recording of covered transactions. Upon completion of all forms within this book, each dealer may purchase form books for future use from the Police Department at actual cost or otherwise reproduce the official form for their own future use. Sec. 35A-5 Holding Period A. Items containing gold, silver, platinum or other precious metal and jewelry, diamonds, gems and other precious stones shall be held by secondhand dealers for a period of fifteen (15) days prior to sale, exchange or other disposition thereof. All other property covered by this ordinance acquired in the course of a secondhand dealer's business shall be held for a period of thirty (30) days prior to disposition thereof; provided, however, that the provisions of this subsection shall not be applicable when the person known by the secondhand dealer to be the true owner of any article desires to redeem, repurchase or recover such article at any time within the required hold period. The secondhand dealer shall keep a record of the proof of ownership presented by the true owners. B. If a police officer has probable cause to believe that an item acquired by a secondhand dealer in the course of his business is the subject of a criminal investigation, such police officer may take the item(s) into custody providing the dealer with a receipt. Upon release of such property, the secondhand dealer shall keep a record of the disposition thereof, including the method of disposal, i.e. redeemed, melted down, altered or sold. If sold by the dealer, the record shall reflect to whom, address of buyer, the date and the amount paid, and this record must be maintained for one year. Sec. 35A-6 Inspection of Premises and Records Any law enforcement officer shall have the right to inspect during normal business hours the records required to be kept by this Ordinance. Sec. 35A-7 Certain Acts and Practices Prohibited Each of the following acts of either a secondhand dealer or any of his or her employees is hereby declared to be unlawful and s shall subject the person convicted thereof by a court of competent jurisdiction to the penalties prescribed by Article I, Section 1 of the Related Laws of the City of Miami Beach. A. Knowingly purchasing or otherwise acquiring any article covered by this ordinance from 1. any person under the influence of drugs or alcohol or 2. any minor unless said minor has the consent of his or her parent or guardian pursuant to Fla. Stat. 538.014 or 3. any person using a name other than his own. B. Refusing, denying or interferring with the lawful inspection of the records required to be kept by this ordinance by a police officer. C. Disposing of any property covered by this ordinance contrary to the provisions of this ordinance. D. Failing or neglecting to comply with any applicable provision of this ordinance. Sec. 35A-8 Enforcement Enforcement of this Ordinance shall be by the Police Department of the City of Miami Beach. SECTION 3: REPEALER That all Ordinance or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5: EFFECTIVE DATE This Ordinance shall take effect 10 days after its adoption on July 20 , 1985. PASSED and ADOPTED this 10thday of July , 1985. / MA OR ATTEST: /a-14/N.) CITY CLERK 1st Reading - June 26, 1985 2nd Reading - July 10, 1985 FOM APPROVED EJL/pb LEGAL DEPT. 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