§ 22-412. Exemptions.

The following shall be exempt from provisions of this article:

(a)

Any secondhand goods transaction involving an organization or entity registered with the state as a nonprofit, religious, or charitable organization, any school-sponsored association, or organization other than a secondary metals recycler subject to article XI of this Code.

(b)

A law enforcement officer acting in an official capacity.

(c)

A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondhand goods dealer.

(d)

Any public official acting under judicial process or authority who has presented proof of such status to the secondhand goods dealer.

(e)

A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondhand goods dealer.

(f)

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

(g)

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

(h)

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

(i)

The purchase, consignment, or trade of secondhand goods from one secondhand goods dealer to another secondhand goods dealer when the selling secondhand goods dealer has complied with the requirements of this chapter.

(j)

Any person accepting a secondhand good as a trade-in for a similar item of greater value.

(k)

Any person purchasing, consigning, or trading secondhand goods at a flea market regardless of whether at a temporary or permanent business location at the flea market.

(l)

Any auction business as defined in F.S. § 468.382(1).

(m)

Any business that is registered with the department of revenue for sales tax purposes as an antique dealer pursuant to F.S. ch. 212 and that purchases secondhand goods from the property owner or her or his representative at the property owner's residence pursuant to a written agreement that states the name, address, and telephone number of the property owner and the type of property purchased.

(n)

A business that contracts with other persons or entities to offer its secondhand goods for sale, purchase, consignment, or trade via an Internet website, and that maintains a shop, store, or other business premises for this purpose, if all of the following apply:

(1)

The secondhand goods must be available on the website for viewing by the public at no charge;

(2)

The records of the sale, purchase, consignment, or trade must be maintained for at least two years;

(3)

The records of the sale, purchase, consignment, or trade, and the description of the secondhand goods as listed on the website, must contain the serial number of each item, if any;

(4)

The secondhand goods listed on the website must be searchable based upon the state or zip code;

(5)

The business must provide the appropriate law enforcement agency with the name or names under which it conducts business on the website;

(6)

The business must allow the appropriate law enforcement agency to inspect its business premises at any time during normal business hours;

(7)

Any payment by the business resulting from such a sale, purchase, consignment, or trade must be made to the person or entity with whom the business contracted to offer the goods and must be made by check or via a money transmitter licensed under part II of F.S. ch. 560; and

(o)

Any person offering his or her own personal property for sale, purchase, consignment, or trade via an Internet website, or a person or entity offering the personal property of others for sale, purchase, consignment, 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)

A business whose primary business is the sale, rental, or trade of motion picture videos or video games, if the business:

(1)

Requires the sellers of secondhand goods to have a current account with the business;

(2)

Has on file in a readily accessible format the name, current residential address, home and work telephone numbers, government-issued personal identification card number, place of employment, date of birth, gender, and right thumbprint of each seller of secondhand goods;

(3)

Purchases secondhand goods from the property owner or his or her representative at the place of business pursuant to an agreement in writing and signed by the property owner which describes the property purchased, states the date and time of the purchase, and states that the seller is the lawful owner of the property;

(4)

Retains such purchase agreements for not less than one year; and

(5)

Pays for the purchased property in the form of a store credit that is issued to the seller and is redeemable solely by the seller or another authorized user of the seller's account with that business.

(q)

A motor vehicle dealer as defined in F.S. § 320.27.

(Ord. No. 4142-08, § 2, 8-25-2008)