Chapter 10.45
Used Goods*

10.45.010 Purpose.

10.45.020 “Used Goods” Defined.

10.45.030 “Dealer in Used Goods” Defined.

10.45.040 License Required.

10.45.050 Records Required.

10.45.060 Special Regulations.

* SMC chapter 10.45 is based on Ords. C24385 and C24388.

10.45.010 Purpose.

The purpose of this chapter is to provide some means for identifying, tracing and recovering items of personal property which have been lost, stolen, or misappropriated by requiring persons who receive, sell, or otherwise handle used goods to register and keep records.

10.45.020 “Used Goods” Defined.

“Used goods” means all items of tangible personal property; except:

A.  motor vehicles required to be registered under RCW title 46;

B.  junk material, such as aluminum cans, paper and scrap lumber and nonprecious metal, which is intended for recycling or remanufacture;

C.  containers, such as glass bottles, intended for recycling and reuse; and

D.  used metal construction or fabrication materials, such as pipe, channels, angles, or beams; which property is bought, sold, exchanged, pledged, consigned, or transferred at any time after its original retail sale. Products, such as machinery or machinery parts, which have been remanufactured or restored in whole or in part and which are sold in retail stores are regarded as new goods.

10.45.030 “Dealer in Used Goods” Defined.

A.  A “dealer in used goods” is any person, whether as principal, agent, proprietor, manager, employee, franchisee, or contractor, who is to any extent engaged in a business which consists of or involves buying, selling, trading, consigning, pledging, or otherwise taking possession of used goods. The term includes, but is not limited to, any of the following businesses:

1.   auctioneer, a person who conducts auction sales to the public of the personal property of another or others, whether for compensation or gratuitously;

2.   consignee, a person who takes possession of the goods of another for the purpose of sale, whether called factor, broker, commission merchant or any other form of bailee;

3.   dealer in new goods who takes used goods as trade-ins;

4.   junk or salvage dealer, a person who buys, receives, or stores used goods for resale;

5.   pawnbroker, a person who loans money on the security of a pledge, consignment, or conditional sale of used goods;

6.   secondhand dealer, a person who buys, trades, or sells at retail used goods.

B.  An individual or group of individuals who conduct “garage sales,” “yard sales,” “patio sales” or similar public offerings of clothing, furniture, toys and other personal and household items at their residence more than twice a year or for more than three days’ duration are deemed to be dealing in used goods.

C.  “Dealer in used goods” does not include:

1.   a public officer executing a warrant, process, or order of a court;

2.   a trustee, receiver, guardian, or personal representative acting under authority of law with respect to the property of his or her beneficiary, debtor, ward, or estate;

3.   an auctioneer of livestock who is registered under the Federal Packers and Stockyards Act.

10.45.040 License Required.

Every dealer in used goods must secure a license each year, or in the case of a person who deals in used goods seasonally or sporadically at least one week before commencing to deal in used goods, from the police department. The applicant must pay the annual fee as provided in SMC 8.02.0227 and complete a form furnished and prescribed by the chief of police, stating:

A.  the names and addresses of all persons engaged in dealing in used goods, identifying the principals or managers;

B.  the address of all locations where used goods are offered for sale;

C.  the times when the business is normally open for business;

D.  a description of the nature of the business, including a listing by category of the types of goods dealt in and the nature of the transactions carried on;

E.  a description of the inventory and accounting systems employed;

F.  an estimate of the volume of business, in dollars or in items, by week or month; and

G.  any other information the chief may require by regulation.

[Ord. C28968; Passed: 12/28/1987]

10.45.050 Records Required.

Every dealer in used goods must maintain and keep available for inspection by the police department, as provided in SMC chapter 4.04, records of every transaction in used goods in such form as may be prescribed from time to time by the chief of police, including, at a minimum:

A.  the date and time of each receipt and disposition transaction;

B.  the name and address of the person from whom each item of property was received and the means employed to verify his or her identity;

C.  the name of the employee or other person receiving the item;

D.  a detailed description of each item, including serial number and identifying markings or features, if any;

E.  if the business practice includes the issuance of a receipt, ticket, or other record of the transaction, a copy of each such document;

F.  the name and address of the person to whom the item is sold or otherwise transferred and the means employed to verify the buyer’s identity;

G.  the price paid and received for each item, either in money or credit or other consideration.

10.45.060 Special Regulations.

The chief of police may by rule impose requirements, limited in time or to classes of goods or by location or on some other reasonable basis, relevant to the purpose of this chapter, on all or some dealers in used goods, such as the segregation of goods received for a period of time before disposition, prompt notification to the police department of certain transactions, a delay in the payment of money for goods received, more detailed identification of the persons delivering goods, or other measures as may be necessary, which requirements are subject to appeal as provided in SMC chapter 4.04.