Sean C. Morgan
The City Council has accepted three changes by a second-hand shop to a proposed ordinance that will authorize police to license second-hand shops and monitor transactions.
At the same time, several shop owners from across the city are unsure whether ordinance language will include them, though city staff says the ordinance will affect two to three businesses total.
The council heard the second reading of the ordinance at its regular meeting on Sept. 23. About a dozen shop owners showed up for the reading and discussion with the council about the proposed ordinance.
Among the provisions changed, the ordinance would have prevented any person with a conviction for theft, fraud or deception from receiving a license. For the second reading, city staff changed the section prior to the meeting based on input from the first reading of the ordinance. The change will prevent licensing persons convicted of a felony involving fraud, theft of deception in the last 15 years. It also grandfathers existing second-hand dealers who have such a conviction on their records.
Representing Money Man owner Josh Burks, attorney Richard Wehmeyer gave his nod of approval to the change, then he offered two amendments to address to additional concerns he had with the ordinance. The council and Police Chief Bob Burford, who helped craft the ordinance with City Attorney Robert Snyder, agreed to the changes.
The ordinance would have required second-hand dealers to report transactions within 72 hours. Wehmeyer objected to the provision as being “onerous.”
He suggested a one-week reporting period and accepted a suggestion by Chief Burford to include a 15-day delay on selling items purchased by second-hand dealers as a companion to the change. The records reported to police would be compared with lists of stolen items.
In the third change, second-hand dealers who may face suspension of their license by the police chief may request a hearing within 10 days. The ordinance had previously proposed that the police chief be able to suspend a license for up to 30 days without a hearing or notice.
Second-hand dealers and Sweet Home shop owners objected to the provision because 30 days would be enough to put many businesses out of business.
Wehmeyer said the provision as originally proposed sidestepped due process.
“If it goes against him, at least he’s had his day in court,” Wehmeyer said of a hearing process.
Chief Burford said he did not like the original proposal either. He prefers to have judicial review over license suspensions.
Other shop owners expressed concerns over some of the same proposals. They also wondered at what point the ordinance, as written, would apply to them. Many of them do the majority of their second-hand buying from estate sales and auctions.
Occasionally, some of them purchase second-hand goods from persons entering the shop off the streets. Still some said they are wary of purchasing items that way because they do not want to end up purchasing stolen goods.
With concerns over who will be required to purchase a license and report transactions to police, Chief Burford and Snyder are simplifying the ordinance to include antiques, collectibles and other items that had been excluded, especially since they can be stolen and sold by thieves.
The ordinance will continue to exclude used furniture, books and clothing as well as businesses that use solely donated items and used car dealers.
As a concept, the city is attempting to license businesses where an individual can walk in and sell a chainsaw, for example; but where that type of second-hand begins and ends seemed unclear to local business owners.
Chief Burford believed, after visiting what he believed to be most owners, that the ordinance as it had been written would affect only two or three businesses.
The ordinance will ask those who purchase at auctions or estates to maintain a record of the sale in case questions arise over the origin of the second-hand item.
The cost of the license would be set by council resolution. Chief Burford estimates it would cost somewhere in the neighborhood of $20 per year, based on costs; but setting that amount remains to be determined.
Burkes said he would agree with the ordinance with the changes proposed by his attorney and accepted by the council.
“I think we all would like to see something done,” Rita Houston, owner of Rita’s Relics, said. “None of us want to deal in stolen goods.”
The intent of the ordinance is to locate stolen property and return it to the victims of theft.
Chief Burford, Snyder and city staff are considering what to do with another provision in the ordinance that would shut down a business for two years if anyone associated with the business, an employee for example, commits a violation of the ordinance.
In comparison to violations in selling alcohol to minors, an employee is typically cited while the store must pay a fine. Stores in violation do not lose their licenses.
Snyder and Chief Burford discussed the issue on Thursday after The New Era asked about the possibility. Chief Burford told The New Era there would be further discussion by city staff.
“We’ve worked very hard over the last several months to communicate with various businesses that may be affected by this legislation,” Chief Burford said. “It is my belief that everyone understands that the purpose is to retrieve stolen property, return it to the victim and at the same time identify thieves and send them to jail.
“Will this be extra work for second-hand dealers? Yes. Will this be extra work for the police? Definitely, but it’s the rights of the innocent victim that is at the forefront of our efforts.”