§ 2-19-102. Applicability and exemptions.

(1)

Applicability. This article applies to the purchase, consignment, or trade of regulated secondhand goods, as that term is defined herein, by a secondhand dealer.

(2)

It is expressly intended that the purchase, consignment, or trade of secondhand goods that do not meet the definition of regulated secondhand goods be excluded from the purview of this article. Transactions involving such secondhand goods shall remain subject to the provisions of state law governing secondhand dealers and their transactions.

(3)

This article shall be applicable in both the unincorporated and incorporated areas of Manatee County, except to the extent that a municipality has adopted or adopts its own ordinance in conflict with this article. To the extent that this article is applicable within a municipality, the county and the municipality shall have concurrent authority and jurisdiction to apply and enforce the ordinance within the entirety of their jurisdictional boundaries.

(4)

This article does not apply to secondhand metals recyclers and pawnbrokers who are regulated under article III of this chapter.

(5)

Exemptions. In recognition of the purpose of this article, there shall be the following exemptions to the requirements of this article:

(a)

Any business that contracts with other persons to offer secondhand goods for sale, purchase, consignment, or trade via an internet website, and that maintains a shop, store, or other business premises for this purpose, if all of the following apply:

1.

The secondhand goods must be available on the website for viewing by the public at no charge;

2.

The records of the sale, purchase, consignment, or trade must be maintained for at least two (2) years;

3.

The records of the sale, purchase, consignment, or trade, and the description of the secondhand goods as listed on the website, must contain the serial number of each item, if any;

4.

The secondhand goods listed on the website must be searchable based upon the state or zip code;

5.

The business must provide the appropriate law enforcement agency with the name or names under which it conducts business on the website;

6.

The business must allow the appropriate law enforcement agency to inspect its business premises at any time during normal business hours;

7.

Any payment by the business resulting from such a sale, purchase, consignment, or trade must be made to the person or entity with whom the business contracted to offer the goods and must be made by check or via money services business licensed under Part II of Chapter 560, Florida Statutes;

8.

(i)

At least forty-eight (48) hours after the estimated time of contracting to offer the secondhand goods, the business must verify that any item having a serial number is not stolen property by entering the serial number of the item into the department of law enforcement's stolen article database located at the Florida Crime Information Center's public access system website. The business shall record the date and time of such verification on the contract covering the goods. If such verification reveals that an item is stolen property, the business shall immediately remove the item from any website on which it is being offered and notify the appropriate law enforcement agency; or

(ii)

The business must provide the appropriate law enforcement agency with an electronic copy of the name, address, phone number, driver's license number and issuing state, of the person with whom the business contracted to offer the goods, as well as an accurate description of the goods, including make, model, serial number, and any other unique identifying marks, numbers, names, or letters that may be on an item, in a format agreed upon by the business and the appropriate law enforcement agency. This information must be provided to the appropriate law enforcement agency within twenty-four (24) hours after entering into the contract unless other arrangements are made between the business and the law enforcement agency.

(b)

A business that conducts a sale, rental, or trade of motion pictures or video games, if the business:

1.

Requires the sellers of secondhand goods to have a current account with the business;

2.

Has on file, in a readily accessible format, the name, current residential address, home and work telephone numbers, government-issued identification number, place of employment, date of birth, gender, and right thumbprint of each seller of secondhand goods;

3.

Purchases secondhand goods from the property owner or his or her representative at the place of business pursuant to an agreement in writing and signed by the property owner which describes the property purchased, states the date and time of the purchase, and states that the seller is the lawful owner of the property;

4.

Retains such purchase agreements for not less than one year; and

5.

Pays for the purchased property in the form of a store credit that is issued to the seller and is redeemable solely by the seller or another authorized user of the seller's account with that business.

(Ord. No. 14-12, § 1, 2-25-14)