5.25.030 Definitions.
“Acquire” and like words mean to take or transfer any interest in personal property in a voluntary transaction, including but not limited to purchases, sales, consignments, memoranda between a secondhand dealer and a private party seller, leases, trade-ins, loans, and abandonments. Any acquisition of regulated property by a dealer will be presumed to be an acquisition on behalf of the secondhand dealer business.
“COP” means chief of police, police officer, or duly authorized representative.
“Merchandise” as used in this chapter is defined to mean property of a type that has been determined by the city of Talent to be property that is frequently the subject of theft, including, but not limited to: serialed and marked items, guns, jewelry other than costume, silverware or silver or silver-plated items, gold ware, gold or gold-plated items, precious metals, metals such as copper and aluminum having salvage value, cameras or camera equipment, bicycles, coins, musical instruments, chain saws, tools, and electronic equipment of any kind including but not limited to cellular phones, personal music players, handheld communication devices, tape recorders, stereos, and stereo components, computers and computer software.
“Peace officer” means a member of the Oregon State Police, sheriff, constable, marshal, municipal policeman, or investigator of the Criminal Justice Division of the Department of Justice of the state of Oregon.
“Proper identification” means motor vehicle operator’s license or state of Oregon issued identification cards.
“Secondhand business” means a business engaged in conducting, managing, or carrying on the business of acquiring or otherwise dealing in, secondhand specified merchandise.
“Secondhand dealer” means a person, on his or her account or as an agent of another, including sole proprietors, employees, partnerships, associations, corporations, trusts, or any other form of organization for doing business engaged in conducting, managing or carrying on the business of acquiring or otherwise dealing in secondhand merchandise, and all persons listed as owners of the secondhand business on the city business license application. All secondhand dealers shall be responsible for the acts and omissions of their employees, agents, independent contractors, volunteers and others acting on their behalf, and any violation of this chapter by any employee or other acting on the secondhand dealer’s behalf shall be imputed to the secondhand dealer, and the secondhand dealer may suffer any of the penalties provided in this chapter, as the result of violations of this chapter.
For the purpose of this chapter, pawn shops, scrap metal recyclers, and internet sales drop-off stores shall be included in the definition of secondhand dealers.
“Secondhand dealer” does not include:
1. Those engaged in isolated sales not in the regular course of any business and occasional garage sales held at the same location on less than four days during any 30-day period; or
2. A business whose acquisitions of regulated property consist exclusively of donated items and/or purchases from 501(c)(3) organizations; or
3. A person whose only business transactions with regulated property in the city of Talent consist of the sale of personal property acquired for household or other personal use; or
4. A person whose only business transactions with regulated property in the city of Talent consist of a display space, booth, or table maintained for displaying or selling merchandise at any trade show, convention, festival, fair, circus, market, flea market, swap meet or similar event for less than 14 days in any calendar year. [Ord. 856 § 3; Ord. 471 § 3.]