§ 38-5.1. Definitions; exclusions from this article.

Generally. As used in this article, unless the context requires a different meaning:

(a)

Antique dealer. Any person, corporation, or other business organization or entity engaged in the business of purchasing, for the purpose of resale to the public, objects made in or typical of, an earlier period of time, having special value because of their age or are examples of art or handicrafts.

(b)

Building material. For purposes of this article "building material," shall mean any secondhand heating or plumbing fixture or supplies, electric fixtures or wiring, gas fixtures or appliances, water faucets, pipes, locks or any other secondhand fixture of whatsoever kind or description used in construction of a building.

(c)

Regularly engaged. For purposes of this article, "regularly engaged," shall mean any person, firm, partnership, corporation or entity conducting more than twenty (20) combined transactions or offers for sale more than three hundred (300) pounds combined weight of secondhand building materials annually within the city.

(d)

Junk dealer. For purposes of this article "junk dealer," shall mean any person, firm, partnership or corporation who regularly engages in the business of purchasing, acquiring, or canvassing secondhand building material, to include all nonferrous scrap metal and/or proprietary articles for the purpose of resale.

(e)

Secondhand dealer. Any person, firm, partnership or corporation engaged in the business of purchasing secondhand goods for sale.

(f)

Secondhand goods. Personal property previously owned or used that is purchased as used property and made available for resale to the public. "Secondhand goods" shall not include office furniture, pianos, books, clothing, organs, coins, motor vehicles, or costume jewelry.

(g)

Secondhand shop. The place or premises at which a secondhand dealer is registered to conduct business as a secondhand dealer or at which he conducts business.

(h)

Transaction. Any purchase or resale of secondhand goods by a secondhand dealer.

Exclusions. The provisions of this chapter shall not apply to:

(a)

Any consignment of secondhand goods to a consignment shop or any resale of consigned secondhand goods by a consignment shop.

(b)

Any purchase or resale of antiques by an antique dealer.

(c)

Any secondhand goods transaction involving a nonprofit, religious, or charitable organization or any school-sponsored association or organization, unless the organization or association sells secondhand goods to a pawnbroker or secondhand dealer.

(d)

A law enforcement officer acting in an official capacity.

(e)

A trustee in bankruptcy, executor, administrator, or receiver unless the trustee in bankruptcy, executor, administrator, or receiver sells secondhand goods to a pawnbroker or secondhand dealer.

(f)

Any public official acting under judicial process or authority unless such official sells secondhand goods to a pawnbroker or secondhand dealer.

(g)

A sale on the execution, or by virtue of any process issued by a court unless there is a sale of secondhand goods to a pawnbroker or secondhand dealer.

(h)

Any garage sale operator who holds garage sales less than ten (10) weekends per year.

(i)

Any person at antique, coin, or collectible shows or sales.

(j)

Any person who sells household personal property as an agent for the property owner or his representative pursuant to a written agreement at that person's residence.

(k)

The sale of secondhand goods by a pawnbroker or secondhand dealer to another pawnbroker or secondhand dealer when the selling pawnbroker or secondhand dealer has complied with the requirements of this article.

(l)

Any person accepting a secondhand good as a trade-in for other merchandise.

(m)

Any resale of secondhand goods by an itinerant merchant or any purchase of secondhand goods by such itinerant merchant provided that the purchase does not take place at the itinerant merchant's normal place of business.

(n)

Any auction firm or Virginia-licensed auctioneer.

(o)

Any person offering his own personal property for sale via an internet website or a person or entity offering the personal property of others for sale or trade via an internet website, when that person or entity does not have, and is not required to have, a local occupational or business license for this purpose.

(p)

Precious metals or gem dealers regulated under this chapter.

(q)

Licensed motor vehicle dealers.

(r)

Authorized scrap seller, including any licensed plumber, electrical HVAC contractor, building and construction contractor, public utilities, public transportation companies, licensed peddlers and brokers, industrial and manufacturing companies, marine, automobile, and aircraft salvaging and wrecking companies and governmental entities.

(s)

Authorized scrap metal processors, including any licensed entity that is involved in the sheering, bailing, shredding or cutting of scrap metals.

(Ord. No. 38,922, § 1, 10-14-97; Ord. No. 43.478, § 2, 6-16-09; Ord. No. 43,883, § 3, 6-8-10)

(Ord. No. 38,922, § 1, 10-14-97; Ord. No. 43.478, § 2, 6-16-09; Ord. No. 43,883, § 3, 6-8-10)