District Of Columbia Secondhand Dealers; Regulations
Title 16. Consumers, Commercial Practices, & InfractionsChapter 10. Secondhand Dealers and Junk Dealers
1000. CLASSES OF DEALERS
1001. BOOKS AND RECORDS
1002. DEALERS RECEIVING JEWELRY OR PRECIOUS METALS
1003. OTHER RESTRICTIONS AND REQUIREMENTS
1004. REPORTS TO POLICE
Title 16. Consumers, Commercial Practices, & Infractions
Chapter 10. Secondhand Dealers and Junk Dealers
1000. CLASSES OF DEALERS
1000.1 Dealers in secondhand personal property in the District of Columbia shall be designated in classes, as set forth in this section.
1000.2 A Class A secondhand dealer shall be a person, firm or corporation, other than a Class B or a Class C secondhand dealer, engaged in the business of buying, selling, trading, exchanging or dealing in secondhand personal property of any description (other than motor vehicles), including the return or unused portion of any railroad ticket, order or token.
1000.3 A Class B secondhand dealer shall be a person, firm or corporation primarily engaged in the sale of new merchandise, and incidentally engaged in selling, trading, exchanging or dealing in secondhand personal property of any description (other than motor vehicles) as the result of having received that secondhand personal property in trade, or by repossession or as part payment for new merchandise.
1000.4 No Class B secondhand dealer shall engage in the business of dealing in used personal property except as an incident to the sale of other merchandise.
1000.5 A Class C secondhand dealer shall be a charitable organization, as defined in § 501(c)(3) of the Internal Revenue Code of 1954, which purchases or receives secondhand personal property (other than motor vehicles) for the purpose of resale; or a person, firm, or corporation which purchases or receives secondhand personal property of any description (other than motor vehicles) on consignment for the purpose of resale.
1000.6 Nothing in this chapter shall be construed as requiring a secondhand dealer license for a person, firm, or corporation that sells the following kinds of secondhand personal property:
(a) Books, magazines, vinyl records, cassette tapes, compact discs, VHS videos, DVDs, Blu-ray discs, or other similar recorded media;
(b) Furniture, home furnishings, architectural salvage, or pianos;
(c) Rugs or tapestries;
(d) Used clothing;
(e) Household property, when offered for sale from the owner's residence on a temporary basis in connection with a garage sale or yard sale;
(f) Paintings, sculptures, drawings, etchings, engravings, photographs, lithographs, or prints;
(g) Jewelry that:
(1) Does not contain any precious metals and/or precious stones; or
(2) Contains precious metals and/or precious stones and has been purchased from an estate sale or certified auction; provided, that written verification shall be provided to any District government official, upon request, that any such jewelry was purchased from an estate sale or certified auction. For purposes of this subsection:
(A) "Written verification" shall mean a written record that includes a description of the jewelry purchased, any catalog numbers or identifying information, the date it was purchased, the purchase price, the identification of the seller (including the name, address, telephone number, and other relevant contact information), and an estimate of its fair market value;
(B) "Precious metals" shall include gold, silver, platinum, or palladium; and
(C) "Precious stones" shall include diamonds, rubies, sapphires, emeralds, or pearls;
(h) Merchandise that was accepted or received as a return, exchange, or for credit or refund if such merchandise was originally purchased as new merchandise from the person accepting or receiving it; or
(i) The first sale, at retail, of merchandise that has been rebuilt by the manufacturer originally manufacturing it, or the licensed agents thereof, and sold as factory rebuilt or refurbished merchandise.
Title 16. Consumers, Commercial Practices, & Infractions
Chapter 10. Secondhand Dealers and Junk Dealers
1001. BOOKS AND RECORDS
1001.1 Each junk dealer, Class A secondhand dealer, and Class C secondhand dealer shall keep at the dealer's place of business a book or books, in which the dealer shall record an accurate account of each transaction in the course of the business (except as to the purchase of rags, bones, old iron, and paper by junk dealers).
1001.2 The account of the transaction shall be legibly written in English at the time of the transaction and numbered consecutively.
1001.3 All records made pursuant to this section shall be maintained by the dealer at the dealer's place of business for a period of not less than one (1) year after the date the property is sold or disposed of in any manner.
1001.4 The account of each transaction shall set forth the following:
(a) An accurate and complete description of the goods, article, or thing purchased or received on account of money paid for it, giving all numbers, marks, monograms, trade marks, and manufacturer's names and any other marks of identification appearing on the item at the time of receiving the item;
(b) The name, residence, race, and sex of the person selling or delivering the item;
(c) The terms and conditions of the purchase, or receipt of the item;
(d) The place and date of the transaction;
(e) All other information contained in at least one (1) type of identification provided by the seller or person delivering the item; and
(f) All other facts and circumstances respecting the purchase or receipt, including the title of the goods, article, or other thing purchased or received.
1001.5 A dealer in secondhand personal property shall securely fasten on any article purchased or received, for which records must be kept pursuant to this section, a tag to be prescribed by the Mayor.
1001.6 The dealer shall legibly write in English on the tag, the date of purchase or receipt of the article and a number corresponding with the property on the dealer's book.
1001.7 The tag shall remain on the property until such time as the property is sold or disposed of by the dealer.
Title 16. Consumers, Commercial Practices, & Infractions
Chapter 10. Secondhand Dealers and Junk Dealers
1002. DEALERS RECEIVING JEWELRY OR PRECIOUS METALS
1002.1 In addition to the requirements of § 1001, a dealer purchasing or otherwise acquiring any article of jewelry or other article composed of or manufactured in whole or in significant part of a precious metal, including gold, silver, or platinum or derivatives or alloys or gold, silver, or platinum shall do the following:
(a) Require and inspect two (2) types of identification from the seller or person delivering the property, one (1) of which must display a photograph of the person;
(b) Record in the dealer's account of the transaction all pertinent information, including the person's date of birth, license number, social security number, height, weight, hair color, and eye color, to the extent contained in the identification provided by the seller or person delivering the property; and
(c) Pay for the articles only by check, the number and account of which are to be recorded in the dealer's book.
1002.2 The dealer may cash the check issued under § 1002.1(c) if the following conditions are met:
(a) The check is made payable to the seller;
(b) The seller endorses the check; and
(c) The dealer retains the check for a period of at least one (1) year from the date of the transaction.
1002.3 Except as provided in § 1002.4, no dealer shall sell, dispose of in any manner, melt, vulcanize, or otherwise change or destroy the identity of any article of secondhand personal property purchased or taken in the course of this business until after the expiration of fifteen (15) calendar days from the time at which report has been made to the Chief of Police of the purchase or receipt of the property.
1002.4 In the case of any article of jewelry or other thing composed of or manufactured in whole or in significant part of a precious metal, as defined in § 1002.1, which does not have a serial number visible on the exterior surface when received by the dealer, the article shall not be sold, disposed of in any manner, melted, taken apart, or any identification marks appearing on the article obliterated until after the expiration of thirty (30) calendar days from the time at which a report has been made to the Chief of Police concerning the purchase or receipt of the property.
1002.5 Property being held under § 1002.3 or 1002.4 shall be kept in the dealer's place of business and shall be kept separate and distinct from all other property or merchandise in the dealer's place of business.
1002.6 No junk dealer, Class A dealer, or Class C dealer in secondhand personal property shall purchase any piece or mass of melted precious metal, as defined in § 1002.1, ingot of amateur manufacture, or any article with serial numbers or jeweler's marks obliterated unless payment for the article is withheld for a period of twenty-four (24) hours and the Chief of Police is notified twenty-four (24) hours prior to the transaction of the pertinent information required under § 1001.
Title 16. Consumers, Commercial Practices, & Infractions
Chapter 10. Secondhand Dealers and Junk Dealers
1003. OTHER RESTRICTIONS AND REQUIREMENTS
1003.1 A Class C secondhand dealer who purchases or receives secondhand personal property on consignment must pay only in the form of check and only after at least sixty (60) days from the date on which the property is received.
1003.2 No junk dealer, Class A, or Class C secondhand dealer shall purchase or receive any article of secondhand personal property from a minor unless the minor's parent or legal guardian is physically present during the transaction, consents in writing to the transaction, and presents the identification required in this chapter.
1003.3 Nothing in § 1001, § 1002, or this section shall apply to any of the following:
(a) [RESERVED];
(b) The receipt of articles of secondhand personal property which are received as donations by Class C dealers;
(c) The purchase or receipt of articles of secondhand personal property by Class C secondhand dealers, except the purchase or receipt of items listed in § 1003.7;
(d) The purchase or receipt of articles of secondhand personal property from the United States or District of Columbia governments; or
(e) Except as otherwise provided by § 1013, the purchase or receipt of bona fide coins or stamps issued by or for a government.
1003.4 Junk dealers, Class A, and Class C dealers shall be exempt from the provisions of § 1002 if purchasing or receiving articles of secondhand personal property from a licensed auctioneer.
1003.5 A Class C secondhand dealer operating to any extent on a consignment basis, must submit an annual report to the Chief of Police which verifies the consignment purchase conditions.
1003.6 A Class C secondhand dealer which is a charitable, nonprofit organization, as defined in § 501(c)(3) of the Internal Revenue Code of 1954, shall submit an annual report to the Chief or Police which verifies that status.
1003.7 Each junk dealer and each Class A and Class C dealer in secondhand and personal property shall secure the name and address of the person purchasing or otherwise acquiring any of the following items:
(a) Binoculars;
(b) Cameras;
(c) Firearms;
(d) Furs;
(e) Household appliances;
(f) Jewelry, or other items composed of or manufactured in whole or in significant part of a precious metal, as defined in § 1002.1;
(g) Musical instruments;
(h) Office machines and equipment;
(i) Radios and television sets;
(j) Watches; and
(k) Any item other than those listed in this subsection, having a retail sales value of one hundred dollars ($ 100) or more.
1003.8 All records made under § 1003.7 shall be maintained by the dealer at the dealer's place of business for a period of not less than one (1) year after the date the property is sold or disposed of in any manner.
D.C. Mun. Regs. tit. 16, § 1003
Title 16. Consumers, Commercial Practices, & Infractions
Chapter 10. Secondhand Dealers and Junk Dealers
1004. REPORTS TO POLICE
1004.1 Each junk dealer and Class A dealer in secondhand personal property shall each day, except Sunday, before the hour of eleven o'clock in the forenoon (11:00 a.m.), deliver to the Chief of Police, or the Chiefs representative, on blank forms to be prescribed by the Mayor, a legible and correct transcript from the books provided for in §§ 1001, 1002, and 1003 showing an accurate and complete description of every article or thing received by that dealer and giving all numbers, marks, monograms, trade marks and manufacturer's names, and other marks of identification appearing on the same, on the business day next preceding.
1004.2 The provisions of § 1004.1 shall not apply to purchase of rags, bones, old iron and paper by junk dealers and Class A dealers in secondhand and personal property of which no record is required by this chapter to be kept.
1004.3 Class C secondhand dealers shall be exempt from the requirement of § 1004 except as to the purchase or receipt of those items listed in § 103.7.
D.C. Mun. Regs. tit. 16, § 1000 - 16, § 1004
Category:
District of Columbia | Consignment Shop Laws,
Added on:
14-Jan-2014
,
Revised on:
23-Jan-2014
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