2012.33 in Board of City Council April 17, 2012

2012.33 IN BOARD OF CITY COUNCIL..APRIL 17, 2012 BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter 22, Businesses, be amended by adding/deleting/editing various sections, as follows:

Places/dealers in products; Chapter 22 Sec. 22-24

Article 1 IN GENERAL Sec. 22-1 Purpose. The purpose of this chapter is: (1) To protect the public health, welfare and safety of the general public, and to assure public confidence in the sale of food, food stuff, and food products by local merchants; as well as to the sale of wares and other products for sale; and to regulate the rendering of services to the general public. (2) To establish a procedure for the licensing and issuance of permits for those businesses that are required to be licensed.

Sec. 22-2. Definitions. The following words and phrases, when used in this article, City of Biddeford Secondhand Goods Code of Ordinances Chapter 22 Sec. 22-24 shall have the meanings respectively ascribed to them:

Antique dealer shall mean any individual, group of individuals or entity engaged in dealing (purchasing, selling or exchanging / bartering) so-called antiques that are defined as a relic or object of ancient times; a work of art, piece of furniture, or decorative object made at an earlier period, to include but not limited to furniture, glassware, photographs and art work, jewelry including but not limited to watches, rings, earrings, broaches, hair pins, stick pins, tie clasp, clothing and footwear; architectural features and attachments from homes and other buildings, including but not limited to mirrors, shutters, brackets, mantles, windows and, doors. Automobiles, motorcycles, motor scooters, motor driven cycles and any other motorized means of transportation that are deemed to be antiques and in the case of automobiles are twenty five or more years old, provided that the Antique Dealer does not hold a new or used car dealer license. Tools including but not limited to saws, hammers, measures, chisels, clamps and tool boxes; toys and games as well as any and all other items from an earlier period. Flea market shall mean and include: Any individual, group of four (4) five or more unrelated persons individuals or entity selling tangible used or secondhand personal property or collectors' items to the public at a location, indoors or outside. Flea market dealer A person who sells goods at a flea market. shall mean and include any single person or entity that is engaged in selling goods at a flea market.

Junk shall mean and include old iron, steel, chain, aluminum, brass, copper, tin, lead, or other base metals, belting, waste paper, old rope, old bags, bagging, barrels, piping, rubber, glass, empty bottles and jugs of all kinds, and quantities, and all other articles discarded or no longer used as manufactured articles composed of any one (1) or more of the materials herein before mentioned and of monetary value, and having no other useful purpose.

Junk collector Any person having a trucking license, or traveling from place to place within the City for the purpose of purchasing junk, or making a business of purchasing junk from a person who carries it away after purchase. shall mean and include any person acting alone, or as a group or entity operating at a business location in the City of Biddeford, or traveling to and from place to place within the City of Biddeford for the purpose of collecting or purchasing junk, or collecting junk from persons and/or businesses who desire to dispose of it, or traveling from place to place within the City of Biddeford for the purpose of purchasing junk, or making a business of purchasing junk from a person who carries it away after purchase..

Junk dealer shall mean and include any person, group of persons, or entity engaged in the purchase, sale or bartering of/for items including but not limited to old iron, steel, chain, aluminum, brass, copper, tin, lead, or other base metals, including scraps from the manufacture of those items; belting, waste paper, old rope, old bags, bagging, barrels, piping, rubber, glass, empty bottles and jugs of all kinds, and quantities, of less than one gross, and all other articles discarded or no longer used as manufactured articles composed of any one (1) or more of the materials herein before mentioned and of monetary value but having no other useful purpose.

Pawnbroker shall mean and include any person or group of persons acting individually or as a group or entity whose business or occupation is to take or receive, by way of pledges, pawn, or exchange/barter, any goods, wares, or merchandise, or any kind of personal property whatsoever, as security for the repayment of money loaned thereon at a stipulated rate of interest or at a stipulated amount of repayment; any person whose business or occupation is to purchase any such property on condition of selling the same back again to the seller thereof or his assignee at a stipulated price; provided, however, that this definition shall not apply to banking institutions, brokerage houses, members of the stock exchanges, or persons who make loans exclusively upon stocks, bonds, bills of lading, warehouse receipts, mortgages, contracts, commercial paper, or other written or printed evidence of ownership of property or of indebtedness to the holder or owner of any such security.

Secondhand dealer shall mean, any person, group of individuals or entity engaged in the business of selling, exchanging, dealing in by purchasing, selling, exchanging or bartering used or otherwise secondhand articles, including but not limited to: computer hardware and other electronic equipment, including video games and equipment; firearms, opera glasses, telescopes, watches, clocks, diamonds or any other precious stones, gold, silver, platinum or other precious metals, jewelry, furs, fur coats or other kinds of wearing apparel, glass and dishes, musical instruments, radios, tires, automobile accessories, office and store fixtures and equipment, electrical, gas and water meters, and all classes of fixtures and their connections; architectural features and attachments from homes and other buildings, including but not limited to, mirrors, shutters, brackets, mantles, windows and doors. Also including used motor vehicles, motorized equipment, boats, motorcycles, motor scooters, motor driven cycles, aircraft, construction equipment and any other similar items if the dealer does not hold a valid State of Maine license or permit to deal in those specific items.

Transient Seller of Secondhand Goods shall mean, any person who engages in the business of selling, but not purchasing secondhand merchandise, and who does not have, for the purpose of carrying on such business, any permanent place of business within the City. Such term does not include persons who sell at public fairs or expositions or members selling on behalf of public service organizations.

Vendor on a Public Place shall mean, A person who sells or vends wares, goods or services in a public place from a moveable conveyance or temporary structure or other enclosure.

Ways shall mean, any municipally controlled way or public easement as defined in 23 M.R.S.A. §3021, and includes sidewalks along such ways and public easements.

Sec. 22-11. Fees. (c) Fees for issuance (1) Fees for issuance of licenses shall be provided in Section 22-11.

(2) The City Clerk will use the following fee structure to develop the appropriate license fees.

Type of License or Service Places/dealers in product: Antique dealers $200.00

(d) Prorated license fees. On any initial application for a business license received by the City Clerk during the last four (4) months of the licensing year, the licensing fee is ½ of the annual licensing fee. All fees are due at the time of business license application submittal. Proration of licensing fees does not apply for business license renewals.

Sec. 22-24 Places/dealers in products (a) Dealers in gold jewelry, junk dealers, secondhand dealers, seller of used goods. Antique dealers and other dealers in used items including but not limited to jewelry, gold, precious stones, used furniture, clothing and other personal items, junk dealers, secondhand dealers and sellers of used goods including but not limited to antiques and other personal property, antique automobiles and other motorized craft.

1.Purpose. In order to protect the welfare of the citizens of the City of Biddeford, the municipal officers require that all individuals, groups of individuals, entities and or businesses or firms buying, selling, bartering, dealing, or distributing antiques, jewelry, precious stones, gold, silver and other metals, junk and or secondhand goods including automobiles, motorcycles, motor driven scooters, aircraft and other motorized vehicles, if they do not hold a New or Used Car Dealers or Equipment Dealer’s license, must obtain a City of Biddeford license and operate under the provisions of this section.

2. Recordkeeping

a. Junk dealers and junk collectors. A junk dealer or junk collector, upon acquisition of any article described in this article meeting the description of Junk shall keep a permanent record of such transaction which must include a full, accurate and detailed description of the item including any identifying numbers and characteristics, along with the full name, date of birth and address of the seller, the registration number of any vehicle used in the delivery of such item, and the time and date of the transaction. A copy of the records shall be delivered to the Detective Division of the Biddeford Police Department within seven days thereafter 48 hours of the transaction, unless earlier delivery is requested by a police officer. Such dealer must retain the original record of the transaction, which may be inspected by any law enforcement officer upon request. The article acquired therein listed may also be inspected during the time it remains in the possession, custody or control of the dealer by the Junk Dealer or collector shall be retained by the individual or entity who acquired it at its premises, not sold or otherwise disposed of and not altered or changed in any way for six business days.

b. Second hand dealers 1. Each All secondhand dealers, upon the acquisition of any article of used property by purchase, barter or trade, shall complete duplicate records of transactions on blank forms provided by the Chief of Police on which is denoted the seller’s full name, address, date of birth, type of identification presented and it’s number, as well as the month, day and year on which the transaction took place. as well as a The records shall included a full and detailed description of each article purchased, or exchanged, including identifying marks and or numbers, with the price paid therefore and will be signed by the seller, in the presence of the buyer. A copy of the record shall be delivered to the Detective Division of the Biddeford Police Department within seven days thereafter within 48 hours of the transaction unless earlier delivered to a duly authorized police officer upon request a police officer requests earlier delivery. The secondhand dealer must retain the other copy of the record of the transaction on file for no less than two years during which the records may be inspected at any reasonable time by a law enforcement officer. No articles so purchased shall be sold or otherwise disposed of or changed or altered in their appearance or otherwise within 72 hours after purchase thereof Articles so purchased shall be maintained a the premises of the buyer and not sold or otherwise disposed of, or changed or altered in their appearance for three complete business days after purchase thereof. except with the written consent of the Chief of Police or his designated representative. The Chief of Police may impose reasonable conditions for the granting of such consent.

2. Any person who is licensed as a secondhand dealer must also obtain a flea market dealer’s license if that secondhand dealer participates in more than six (6) four (4) flea markets during the time period stated in this section in a year.

c. Transient seller of secondhand goods Each transient seller of secondhand goods are precluded from purchasing items in the City of Biddeford. will adhere to the record keeping guidelines as set forth in subsection (a)(2). In addition for such requirements, the record shall include the location where the property is being kept or stored, and who has custody of the property.

d. Antique Dealer 1. Antique dealers, upon the acquisition of any antique or article of used property by purchase, exchange, barter or trade shall record the transactions on duplicate forms furnished by the Chief of Police, the records shall include the name, date of birth and address for the individual/entity from whom the property was acquired, a full and detailed description of each article purchased including identifying marks and or numbers that would facilitate identification of the item.

2. A copy of the record shall be delivered to the Detective Division of the Biddeford Police Department within 48 hours of the transaction unless a police officer requests earlier delivery. The antique dealer must retain the other copy of the record of the transaction on file for no less than two years during which the records may be inspected at any reasonable time by a law enforcement officer. Articles so purchased shall be maintained a the premises of the buyer and not sold or otherwise disposed of, or changed or altered in their appearance for six business days after the acquisition of the items, except with the written consent of the Chief of Police or his designated representative. The Chief of Police may impose reasonable conditions for the granting of such consent.

3. License required No person will engage in the business of dealing in jewelry, gold, silver and other metals, diamonds and other precious stones and other personal property; work as a junk collector, second hand dealer, antique dealer or transient seller of secondhand goods without first obtaining a license issued by the City of Biddeford for such activity in the City of Biddeford.

4.Penalty A Person who violates the provisions of this section commits a civil infraction for which a minimum penalty of $100.00 for each occurrence will be imposed. For the purpose of this article, each day any person operates contrary to the provisions of this section is a separate violation.

5.Disqualification The City Clerk may withhold a permit under the following conditions: a. The structure where the event is to be held is found to be unsatisfactory. b. There is inadequate parking c. Other issues raised to the City Clerk and determined to be adverse to the public health or safety or welfare of the residents and occupants of the City of Biddeford. b) Flea markets A person, group of persons or entity who/that provides tables, space or otherwise operates a flea market for one or more days, must obtain a license from the City Clerk for such flea market.

1. The operator of the flea market shall report no later than three days to the City Clerk the names and addresses of all flea market dealers in such flea market, and the number of times the dealer has participated in the flea market since the previous March 1. to the City Clerk within three days after such flea market.

2. The operator of the flea market must maintain a vendor list which shall be made available for inspection upon the request of any police officer. 3. In addition, the operator of a flea market will cause each flea market dealer to register on a form prescribed by the City Clerk, and shall give the Clerk a copy of such registration.

4. Purchasing of goods by a flea market dealer from any person, except another flea market dealer, at the flea market prior to the opening of the flea market to the general public is prohibited. All flee market dealers will adhere to the record keeping guidelines as set forth in subsection(a)(2).

a. Food will not be sold at a flea market unless all applicable licenses have been obtained. b. Any person selling or working at the tables at more than six four flea markets between March 1 and the last day of February of each year must obtain a flea market dealers license.

5. Related persons working at the same table or tables need only obtain one flea market dealer’s license, which must list all the persons involved in selling. As use in this section “related person” shall mean and include persons who are related by either affinity or consanguinity and reside at the same address.

6. A person who sells only craft items made by the flea market dealer is not required to obtain a flea market dealer’s license.

7. The flea market operator shall exclude from participation in any flea market any person who the operator knows is required to obtain a flea market dealer's license and does not present proof of such licensing, or who the operator knows has been barred from selling under this section.

8. A person under the age of 18 years will not be permitted to sell goods or work as a flea market dealer unless permission has been given by that person's parents or legal guardian.

9. A person who is determined by the Code Enforcement Officer to have violated any provision of this section may be barred from selling at a flea market for a period of not more than one year. Any person so charged will be afforded notice and an opportunity to be heard prior to being so barred. 10. All parking shall be in accordance with all applicable zoning and state laws. Sec. 22-24.1 Purchase from minors prohibited. [Added 5-3-2011 by Ord. No. 2011.23] A pawnbroker, junk dealer, junk collector, secondhand dealer, antique dealer or transient seller of secondhand goods will not either directly or indirectly purchase or receive by way of barter or exchange any goods or articles of value from a person who has not attained the age of 18. Sec. 22-25 Pawnbrokers

(a) Purpose. In order to protect the welfare of the citizens of the City of Biddeford, the municipal officers require that pawnbrokers obtain a license and operate under the provisions of this section.

(b) Purchase from minor prohibited. A pawnbroker will not either directly or indirectly purchase or receive by way of barter or exchange any goods or articles of value from a person who has not attained the age of 18 years.

(c) Record keeping: Each Every pawnbroker, at the time of receiving for any and all consideration any article that is pawned, pledged, received in exchange, shall give the pawnor a statement that the pawnbroker will return the article at a stipulated price which shall be computed in accordance with the requirements of 30 M.R.S.A., §3960 et seq. Chapter 215, Subchapter VII, and shall complete in duplicate a sworn statement, blanks for which shall be furnished by the Chief of Police, stating the full name, age, sex and address of the person with whom the transaction is being made(pawnor), the day and hour when the transaction took place, and a full, accurate and detailed description including all distinguishing marks and identifying numbers of each article so pawned, pledged or exchanged as will make its identification certain and plain; list and the fair market value thereof and the price paid by the licensee; the source from which and the time when the pawnor, pledgor or vendor procured such article the same, and cause such statement to be signed and sworn to in duplicate by the person with whom such transaction has been made, the pawnor. Prior to the hour of 10:00 a.m. of the next business day following the transaction, the pawnbroker shall deliver or cause to be delivered at the office of the Chief of Police one of such duplicate sworn statements, which is to be kept on file by the Police Department. The pawnbroker shall retain the other statement, which together with any article therein listed may be inspected by any law enforcement officer at any time. Articles purchase outright by pawnbrokers must be retained at the place of business for not less than 72 hours after the purchase, unless sooner released by the Chief of Police. No article pawned, traded or sold shall be altered or changed until opportunity has been given for inspection by the Chief of Police. (d) Within 24 hours after the transaction the pawnbroker shall report the relevant information contained in the sworn statement to the chief of police or his or her designee by delivering or causing to be delivered at the office of the Chief of the Biddeford Police Department, or his designee, one of such duplicate sworn statements, which will be kept on file a the Biddeford Police Department. The Pawnbroker shall retain the other copy which together with any article therein listed may be inspected by any law enforcement officer at any time. Articles purchased outright by pawnbrokers must be retained at the place of business for no less than six business days , not sold or otherwise disposed of and not altered or changed in any way, unless released sooner by the Chief of the Biddeford Police Department, or his designee.

(e) Display of license, regulations, sign. Each pawnbroker shall post in a conspicuous location within the place of business a copy of the state statutes and a copy of this article. and will further display within the place of business Each pawnbroker shall also display within the place of business a sign that is legibly inscribed in large letters in the English language stating the name and occupation of the pawnbroker that identifies the pawnbroker by name and occupation.

(f) Penalty. A person who violates the provisions of this section commits a civil infraction, for which a maximum penalty of $100 shall be imposed for each occurrence. For the purpose of this article, each day any person operates contrary to the provisions of this section is a separate violation.

(g) Disqualification The City Clerk may withhold a permit under the following conditions: 1. The structure where the event is to be held is found to be unsatisfactory. 2. There is inadequate parking; or 3. Other issues raised to the City Clerk and determined to be adverse to the public health or safety or welfare.

(h) Except to the extent that this article contains a contrary provision, all provisions of Title 30 M.R.S.A. §§ 3101--3155 shall be additional to the provisions of this article.

NOTE: The Policy Committee considered this ordinance at their April 9, 2012 meeting and voted unanimously to recommend adoption by the City Council.

April 17, 2012 Motion by Councilor Laverriere, seconded by Councilor Ready to grant the first reading of the order. Vote: Unanimous.