5.48.110 Regulated Property Sale Limitations.
A. A merchant must complete and submit a purchase report form as required in MMC 5.48.100 and 5.48.120 and must hold an item as required in MMC 5.48.130, but is not required to obtain the seller’s identification, photograph the seller, record the seller’s thumbprint, or have the seller complete the declaration of proof of ownership if the merchant complies with the remaining requirements of this ordinance and when:
1. The item is acquired during a trade show in either Oregon or Washington. At the time of the transaction at the trade show, the merchant must enter on a purchase report form a complete, intelligible, and accurate description of the regulated property of sufficient detail to distinguish like objects one from the other. The merchant must record the name and date of the event and the address of the venue in the name, date, and address fields of the purchase report form. The purchase report form must be submitted as required in MMC 5.48.120 no later than the end of the third day immediately following the end of the trade show. Items acquired during a trade show may be sold or traded during the trade show without being held. Items still in a merchant’s possession at the end of the show will be subject to the holding period requirements of MMC 5.48.130.
2. The item is acquired from a business in either Oregon or Washington which acquires regulated property exclusively through donations of items and/or purchases from a 501(c)(3) organization. The merchant must submit a purchase report form and the date of acquisition as required in MMC 5.48.120 no later than the end of the third day immediately following the purchase.
3. The item is acquired through an internet transaction from a seller in either Oregon or Washington. The merchant must record, on the purchase report form, the seller’s email address or seller’s identification, the name of the internet website that listed the item, and the date of the acquisition. The purchase report form must be submitted as required in MMC 5.48.120 no later than the end of the third day immediately following the purchase.
4. The item is acquired by a merchant from a yard sale, garage sale, estate sale or swap meet in either Oregon or Washington. The merchant must record on the purchase report form the physical address of the sale location and the date of the acquisition. The purchase report form must be submitted as required in MMC 5.48.120 no later than the end of the third day immediately following the purchase.
Items acquired under subsection A of this section must be held in compliance with the holding period requirements of MMC 5.48.130. The holding period begins the day the acquisition is reported to the McMinnville police department or to any other location specified by the police chief.
B. A merchant must complete and submit a purchase report form as required in MMC 5.48.120 but is not required to obtain the seller’s identification, photograph the seller, record the seller’s thumbprint, have the seller complete the declaration of proof of ownership, or hold the item if the merchant complies with the remaining requirements of this ordinance and when:
1. The item is used, regulated property acquired from a permitted second-hand business that has already entered the acquisition of that item into the record reporting system designated by the police chief.
a. The name and location address of the second-hand business from which the property is acquired must be provided on the purchase report form at the time of the transaction, and
b. The date of the acquisition and the original purchase report form identifier, receipt number, or item number assigned in the original purchase report form must be provided on the purchase report form at the time of the transaction.
c. The purchase report form must be submitted as required in MMC 5.48.120 no later than the end of the third day immediately following the purchase.
2. The item is used, regulated property acquired from a business that is not subject to this ordinance or would not be if the business were located in the city of McMinnville. The merchant must keep a receipt for the item from the business that includes the business name and a description of the item. The receipt must be retained at the merchant’s business location for one year or until the item is sold, whichever is longer. The merchant must record on the purchase report form the name and location address of the business and the date of the acquisition. The purchase report form must be submitted as required in MMC 5.48.120 no later than the end of the third day immediately following the purchase.
3. The item is acquired under any of the provisions of subsection A of this section from a location anywhere outside of Oregon or Washington. All of the provisions of subsection A of this section, excluding the holding period, apply to these transactions. (Ord. 4950 §3, 2012).