§ 22-405. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Acquire shall mean to obtain by purchase, consignment, or trade.

City police department shall mean the West Palm Beach Police Department.

Consignment shop shall mean a shop engaging in the business of accepting for sale, on consignment, secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party.

Law enforcement officer shall mean and include any City of West Palm Beach Police Officer and any sworn law enforcement officer acting under the direction of the police chief.

Pawnbroker shall mean a person who loans money on deposit or pledge of personal property, or other valuable thing on the condition of selling the item back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged, or anyone holding themself out to be a pawnbroker is declared to be a pawnbroker within the meaning of this article.

Person shall mean an individual, partnership, association or corporation, or any other organization of any kind.

Personal identification card shall mean a driver's license or identification card issued by the department of highway safety and motor vehicles under F.S. § 322.03 or F.S. § 322.051, or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Bureau of Citizenship and Immigration Services, which contains a photograph.

Precious metals shall mean any item containing any gold, silver, or platinum, or any combination thereof, excluding any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts.

Precious metals dealer shall mean a secondhand goods dealer who normally or regularly engages in the business of buying used precious metals for resale. The term does not include those persons involved in the bulk sale of precious metals from one secondhand goods or precious metals dealer to another.

Police chief shall mean the police chief of the city of his/her designated representative.

Purchase shall mean the acquisition of or the act of acquiring title to property by a buyer in exchange for valuable consideration given to the seller. The term is not meant to include a (1) bailment for sale, by which a seller consigns property to another for sale; (2) pledge or loan, by which a pawn broker lends money secured by a pledge; or (3) the acquisition of a security interest, by which a person acquires an interest in property to secure payment or performance of an obligation.

Secondhand goods dealer shall mean any person, who is not a secondary metal recycler, junk merchant, or junk peddler subject to article XI of this chapter, who purchases, acquires, consigns, trades, or sells goods of any kind or description, having once been used, or transferred from the manufacturer to the dealer and then received into the possession of third parties, whether the same consists of cloths, carpets, clothing, rags, iron or other metals, furniture or articles of household utensils, or articles of personal use, or male and female wearing apparel, or of jewelry of any kind or description, or of old gold or silver. But shall not include any persons licensed as a pawnbroker or dealer in secondhand articles in the city that makes any loans upon any article designated herein as junk, nor receive the same as a pledge, pawn or security and shall exclude those who deal in motor vehicles, such as automobiles, RVs, motorcycles, boats, motor vehicle parts, tires, and mobile homes.

Secondhand goods store means the place or premises at which a secondhand goods dealer is registered to conduct business as a secondhand goods dealer or conducts business.

Secondhand goods means personal property previously owned or used, which is not regulated metals property regulated under article XI of this chapter, and which is purchased, consigned, or traded as used property. Such secondhand goods do not include office furniture, pianos, books, clothing, organs, coins, motor vehicles, costume jewelry, and secondhand sports equipment that is not permanently labeled with a serial number.

Transaction means any purchase, consignment, or trade of secondhand goods by a secondhand goods dealer.

(Ord. No. 4142-08, § 2, 8-25-2008)