5.48.030 Definitions.
For the purpose of this ordinance, the following mean:
A. “Acceptable Identification” – Either:
1. A current driver’s license or state of Oregon identification card issued by the Department of Motor Vehicles that includes the name, date of birth, photograph, and physical description of the person offering the identification; or
2. Two other pieces of current identification, at least one of which is issued by a governmental agency or subdivision and includes the name, date of birth, photograph, and physical description of the person offering the identification.
B. “Application Date” – The date the city receives the application from an applicant for a second-hand merchant permit.
C. “Business” – A shop, store, enterprise, profession, activity, establishment, or undertaking of any nature conducted directly or indirectly for private profit or benefit and as a substantial means of a person’s livelihood. The term is not meant to include the activity of any federal, state, or local government or governmental subdivision or agency, or of any organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
D. “Investment” – Putting money (the principal amount) into something (goods) which is retained by the investor, with the expectation of gain (return) that, upon thorough analysis, has a high degree of security for the principal amount as well as security of the return within an expected period of time which is not shorter than 12 months. The return must be related to savings or deferring consumption. The goods are not used or sold, but rather held and used for future production.
E.
1. “Merchant” or “second-hand merchant” – A sole proprietorship, partnership, limited partnership, family limited partnership, joint venture, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, pawn broker licensed under the Oregon Pawnbroker’s Act, ORS 726.010 to 726.990, or any other form of organization for doing business that either:
a. Acquires regulated property at or from business locations within the city of McMinnville, or on behalf of such a business regardless of where the acquisition occurs, or
b. Offers for sale regulated property.
2. “Merchant” or “second-hand merchant” does not include:
a. A business whose acquisitions of regulated property consist exclusively of donated items and/or purchases from 501(c)(3) organizations,
b. A person whose only business transactions with regulated property in the city of McMinnville consist of the purchase of personal property for the purchaser’s and/or the purchaser’s family’s personal use,
c. A person whose only business transactions with regulated property in the city of McMinnville 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,
d. A person who sells regulated property at events commonly known as “garage sales,” “yard sales,” or “estate sales,” as long as they are in compliance with Chapter 5.44 MMC, “Household Sales,” or
e. A person who acquires or offers for sale not more than 50 items of regulated property in any one-year period.
F. “Owner of the property” – A person who has a right of possession to an item of personal property superior to that of any other person.
G. “Person” – Any individual, partnership, corporation, or association.
H. “Person who owns, manages, or operates, or any person who shares in the ownership, management, or operation of the second-hand business” or “owner, manager, operator, or any person who shares in the ownership, management, or operation of the second-hand business” – Those persons with an ownership or management interest in the business, excluding any person who is solely an employee.
I. “Personal property” – Any article, substance, or thing of value, including, but not limited to money, and tangible personal property.
J. “Police chief” – The chief of police of the city of McMinnville or the police chief’s designee.
K. “Purchase” – The acquisition of or the act of acquiring title to personal property by a buyer in exchange for valuable consideration given to the seller. The term is not meant to include:
1. A trade-in, by which a seller acquires title to property as payment or part payment for the purchase of new or used merchandise,
2. Bailment for sale, by which a seller consigns property to another for sale,
3. A pledge loan, by which a pawn broker licensed by the state of Oregon lends money secured by a pledge, or
4. The acquisition of a security interest, by which a person acquires an interest in personal property to secure payment or performance of an obligation.
L. “Regulated property” – means:
1. “Used items.”
a. Precious metals. Examples include:
i. Any metal that is valued for its character, rarity, beauty or quality, including gold, silver, platinum, or any other such metals, whether as a separate item or in combination as a piece of jewelry, but not including property identified in subsection (L)(1)(a) of this section.
ii. Jewelry containing precious metals or precious gems, including but not limited to, rings, necklaces, pendants, earrings, brooches, bracelets, or chains.
b. Precious gems. Examples include: Precious gems, including but not limited to, any gem valued for its character, rarity, beauty, or quality, including diamonds, rubies, emeralds, sapphires, or pearls, or other precious or semi-precious gems or stones, whether as a separate item or in combination with other items or as a piece of jewelry.
c. Precious metal scrap. Any item composed in part or in whole of precious metal which does not contain identifiable markings or inscriptions and which is valued primarily for the scrap value of the precious metal. This does not include sterling silver wares.
d. Watches.
e. Sterling silver. Examples include: flatware, candleholders, coffee and tea sets, ornamental objects, champagne flutes, wineglasses, or serving pieces such as: platters, bowls, trays, water pitchers, open bakers, ice buckets, shell dishes, or salt and pepper shakers.
f. Electronic equipment. Examples include:
i. Audio equipment including but not limited to: tape players, tape decks, compact/digital disc players, sound metering devices, turners, amplifiers, speakers, transceivers, equalizers, receivers, phonographs, turntables, stereos, radios, clock radios, car stereos, car speakers, microphones, broadcasting equipment, citizen band radios/transceivers, or digital audio recorders or players.
ii. Video equipment, including but not limited to: televisions, videotape or videodisc recorders, videotape or videodisc players, video cameras, video projectors, video monitors, digital video recorders, or players as well as discs containing commercially developed digital audio or video data. Video game equipment, including but not limited to: game units and games that are handheld, console or played on a computer, video games on disks or cartridges, and video game accessories.
iii. Electronic office equipment, including but not limited to, facsimile machines, word processors, printers, copiers, duplicators, typewriters, calculators, cash registers, transcribers, Dictaphones, computers, laptop computers, home computers, modems, monitors, or any computer equipment, accessories, or components.
iv. Telephones or telephone equipment, including but not limited to, office telephones, portable home telephones, mobile telephones, cellular telephones, satellite telephones, or answering machines.
v. Other electronic equipment including but not limited to: global positioning systems, electronic navigation devices, or radar detectors.
g. Photographic and optical equipment, and any accompanying bags including but not limited to: cameras, camcorders, camera lenses, camera filters, camera motor drives, camcorders, light meters, flash equipment, movie projectors, slide projectors, photography processing equipment, photography enlarging equipment, binoculars, telescopes, opera glasses, microscopes, surveying equipment, rifle scopes, spotting scopes, or electronic sighting equipment.
h. Yard and garden tools, including but not limited to: garden tractors, lawn mowers, rototillers, lawn sweepers, weed or brush cutters, edgers, trimmers, blowers, chippers, shredders, or ladders.
i. Equipment and tools, including but not limited to: air hammers, air tools, nail guns, power staplers, power saws, power sanders, chain saws, power planers, power drills, routers, lathes, joiners, shop vacuums, paint sprayers and accessory equipment, generators, air compressors, pressure washers, or logging equipment, welding or cutting equipment or components, measuring devices and gauges, or construction equipment.
j. Automotive hand tools, including but not limited to: wrench sets, socket sets, screw driver sets, pliers, vise grips, tool boxes, auto body hammers, jacks, timing lights, testing and analyzing equipment, or components.
k. Musical instruments, including but not limited to: pianos, organs, guitars, violins, cellos, trumpets, trombones, saxophones, flutes, drums, percussion instruments, or electronic synthesizers.
l. Firearms, including but not limited to: rifles, shotguns, hand guns, revolvers, black powder rifles, pellet guns, BB guns.
m. Sporting equipment, including but not limited to: kayaks, wet suits, dry suits, water skis, scuba tanks, bicycles, golf clubs and bags, pool cues and cases, tennis rackets, snow or water skis, snow or water boards, ski boots or ski poles, fishing rods or reels, skates, saddles, or tack.
n. Boating equipment, including but not limited to: props or outdrives, outboard motors, inboard engines, electric boat motors, boat covers, tops, or unlicensed boat trailers.
o. Household appliances, including but not limited to: microwave ovens, sewing machines, vacuum cleaners, mixing and food preparation equipment.
p. DVDs and Blue-ray Discs.
q. Property that is not purchased by a bona fide business for investment purposes, including but not limited to:
i. Gold bullion bars (0.995 fine or better),
ii. Silver bullion bars (0.995 fine or better),
iii. All coins or money, whether commemorative or an actual medium of exchange adopted by a domestic or foreign government as part of its currency, the collector value of which is greater than the face value or the value of the materials from which the item is made, provided the purchase price equals or exceeds $25.00 in any 24-hour period for any one seller, or
iv. Commemorative tokens and postage stamps, stamp collections and philatelic items, the collector value of which is greater than the face value or the value of the materials from which the item is made, provided the purchase price equals or exceeds $25.00 in any 24-hour period for any one seller.
2. “New items.”
a. New items are exempt from regulation under this section if the merchant purchasing the new items has a bill of lading, receipt, invoice, or the equivalent for the new items which specifies the seller’s business name, physical and mailing address, date of transaction, and a description of the purchased items. The bill of lading, receipt, invoice, or the equivalent must be held by the merchant for one year or as long as the property is in the merchant’s possession, whichever is longer. Upon reasonable belief that a specific merchant is dealing in stolen property or is acquiring property in violation of this or any jurisdiction’s second-hand merchant requirements, the police chief may deem that new items purchased from that specific merchant are regulated property.
b. Items acquired from a manufacturer, manufacturer’s representative, or distributor that are discontinued or have been used for display or demonstration but not previously sold are new and exempt from regulation under this section if the merchant has a bill of lading, receipt, invoice, or the equivalent that includes the information specified in subsection (L)(2)(a) of this section. The merchant must hold the bill of lading, receipt, invoice, or the equivalent for one year or as long as the property is in the merchant’s possession, whichever is longer.
3. “Regulated property” does not include any of the following property:
a. Vehicles required to be registered with the Oregon Motor Vehicles Division,
b. Boats required to be certified by the Oregon Marine Board,
c. Books, comic books, or computer software,
d. Dishware or glassware,
e. Furniture,
f. Stoves, ovens, freezers, refrigerators, dish washers, trash compactors, clothes washers or dryers, or
g. Clothes.
M. “Second-hand business” – A business that purchases and/or sells regulated property.
N. “Second-hand merchant permit” – The permit issued to a second-hand merchant pursuant to this ordinance.
O. “Transaction” – A purchase of any quantity of regulated property at one specific time from one specific individual. Renewing a pawned item, unless that item has been removed for any period of time from the possession of the merchant, is not a transaction.
P. “Used” – Previously owned, consumed or put into service by a person other than the manufacturer or the manufacturer’s merchant or agency. (Ord. 4950 §3, 2012).