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City of Coquitlam
BYLAW
Consolidated January 2012
BYLAW NO. 3848, 2007
Consolidated with amendments in Bylaw 3886, 2007
NOTE: This is a consolidation for convenience purposes only and does not have the force of law.
A Bylaw to Regulate Secondhand Dealers and Pawnbrokers
in the City of Coquitlam
(a)
WHEREAS Council wishes to improve the general welfare of the community through the
regulation of secondhand dealers and pawnbrokers in the City;
(b)
WHEREAS Council is authorized by Section 8(5) & 59 of the Community Charter to
regulate the carrying on of business by secondhand dealers and pawnbrokers in the City;
(c)
WHEREAS Council has given notice of its intention to adopt this Bylaw to all persons
licenced to operate a pawnbroker business and all known businesses that engage in the
business of purchasing, taking in barter, or receiving used or second hand goods in the
City; and
(d)
WHEREAS Council has provided an opportunity for persons who consider they are
affected by this Bylaw to make representations to Council at a hearing pursuant to s. 59
of the Community Charter.
NOW THEREFORE Council of the City of Coquitlam, in open meeting assembled, ENACTS AS
FOLLOWS:
Part 1
Introduction
Name of Bylaw
1.
This Bylaw may be cited as "City of Coquitlam Secondhand Dealers and Pawnbrokers
Bylaw No. 3848, 2007."
Definitions
2.
In this Bylaw,
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Consolidated January 2012
AUTHORIZED IDENTIFICATION
means any one or more of the following:
(a)
a valid driver's licence integrated with a photograph of the bearer issued by the
government of a Province of Canada;
(b)
a valid driver's licence integrated with a photograph of the bearer issued by the
government of a state of the United States;
(c)
an identification card issued by the government of a Province of Canada to the
bearer within five (5) years of the date it is produced by the bearer as evidence of
identification;
(d)
a valid passport issued by the Government of Canada;
(e)
a valid passport integrated with a photograph of the bearer issued by a
government of a foreign state recognized by Canada; or
(f)
any other form of valid provincial or federal identification integrated with a
photograph of the bearer including a Certificate of Indian Status, or a Certificate
of Canadian citizenship.
CHIEF OF POLICE
means the senior resident member of the R.C.M.P. responsible for policing of the City for
the time being or a person designated in writing by the Chief of Police to carry out any act
or function under this Bylaw.
CITY
means the City of Coquitlam.
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Consolidated January 2012
COLLECTIBLES
means a manufactured item designed to be collected as part of a series or set which is of a
rare or of a unique or unusual nature, and which possesses a reasonable monetary value
in excess of $100.00.
DEALER
means secondhand dealers and pawnbrokers, but does not include a non-profit society.
DEALER'S ITEM REGISTER
means the dealer's register referred to in section 4 of this Bylaw.
DEALER'S SELLER REGISTER
means the dealer's register referred to in section 5 of this Bylaw.
LICENCE
means a valid and subsisting licence to carry on a business, trade, profession and or other
occupation, issued under the City's Business Licence Bylaw.
LICENCE INSPECTOR
means a person from time to time appointed by the City as a Property Use Inspector,
Bylaw Inspector, Bylaw Enforcement Officer or Licence Inspector.
NON-PROFIT SOCIETY
means a registered charitable society or organization which is:
(a)
incorporated and in good standing under the Society Act, R.S.B.C. 1996, c. 433; and
(b)
registered as such under the Income Tax Act of Canada and qualified to issue tax
receipts to its donors.
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Consolidated January 2012
OFFICER
includes:
(a)
every member of the Royal Canadian Mounted Police responsible for the policing
of the City; and
(b)
every licence inspector.
PAWN
means the deposit of property as a pledge or collateral security for a debt.
PAWNBROKER
includes every person who carries on the trade or business of taking goods and chattels in
pawn, or who keeps a store, shop or other premise for the purpose of carrying on such
trade or business.
PERSON
includes natural persons of either sex, associations, corporations and partnerships
whether acting by themselves or by a servant, agent or employee.
PLACE OF BUSINESS
means and includes only those premises listed on a licence.
PURCHASE
means to buy, barter, deal in, take in exchange, take in part payment, acquire on
consignment, receive and take in as a pawn or pledge, or receive on consignment.
"Purchasing", "purchases" and "purchased" must be construed accordingly.
SECONDHAND ARTICLES
Means any secondhand, used or pre-owned goods and chattels purchased, received,
offered for sale or sold. Without limiting the generality of the foregoing, secondhand
articles shall include the following secondhand, used or pre-owned goods and chattels
purchased, received, offered for sale or sold:
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Consolidated January 2012
(a)
jewellery, but does not include costume jewellery;
(b)
electronic home entertainment products, equipment and accessories including,
but not limited to, televisions, stereos, computers, printers, fax machines, phones,
cameras and audio and visual equipment;
(c)
home repair tools;
(d)
construction tools;
(e)
household appliances including blenders, toasters, coffee makers, and vacuums;
(f)
metals, such as aluminum, copper, and other valuable metal salvage;
(g)
leather jackets and fur coats;
(h)
musical instruments;
(i)
bicycles, including bicycle parts and accessories;
(j)
automotives or automotive parts, or both, or trailers, for the purpose of reselling
parts or components;
(k)
collectibles; and
(l)
sporting equipment
but does not include:
(a)
books, papers, magazines, vinyl records, or long playing records, except
collectibles;
(b)
clothing and shoes, except leather jackets and fur coats;
(c)
furniture, except collectibles;
(d)
household items such as dishes, pots, pans, cooking utensils and cutlery, except
collectibles;
(e)
recyclable cardboard, plastics, glass, paper, bottles, cans or similar household
goods;
(f)
recyclable electronic home entertainment products, equipment and accessories
including televisions, stereos, computers, phones, audio and visual equipment,
household appliances including blenders, toasters, coffee makers, and vacuums,
office equipment including photocopiers, and batteries, where these are procured
without an exchange of promise of consideration;
(g)
any secondhand article that a dealer purchases or receives, the value of which is
then applied to towards the acquisition of a similar or related item(s) from the
same dealer, by the person from whom the dealer originally purchased or received
the secondhand article;
(h)
any item that is purchased or received by a dealer from a non-profit society; or
(i)
any item purchased, received, acquired, offered for sale or sold on consignment by
a dealer, which is assigned an original re-sale price of less than $100.00 by the
dealer.
Page 6
Consolidated January 2012
SECONDHAND DEALER
means:
(a)
every person carrying on the trade or business of purchasing or selling any
secondhand articles, or who keeps a store, shop or other premise for the purpose
of carrying on such trade or business; and
(b)
every person who, while licenced or required to obtain a licence for any business,
trade, profession or other occupation other than businesses referred to in this
Bylaw, purchases or receives either as principal or agent, any secondhand articles.
3.
Unless otherwise defined herein, words and phrases in this Bylaw must have the meaning
given to them in the Local Government Act, R.S.B.C. 1996, c. 323 and the Community
Charter, S.B.C. 2003, c. 26.
Part 2
Dealer's Registers
Establishment and maintenance of Dealer's Item Register and Dealer's Seller Register
4.
Every dealer must establish and maintain a record, to be called the "dealer's item register"
of all secondhand articles that are purchased or otherwise received by the dealer.
5.
Every dealer must establish and maintain a record, to be called the "dealer's seller register"
of all persons who sell or pawn secondhand articles.
6.
Every entry made in the dealer's item register and the dealers' seller register must be
(a)
typed or written in ink, in plain legible hand writing, in the English language;
(b)
made in chronological order at the time of, or immediately after, the
purchase or receipt of the secondhand article.
(c)
numbered in sequence, and every page of the dealer's item register and
dealer's seller register must be numbered in sequence.
7.
Every record in the dealer's item register must include the following particulars:
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Consolidated January 2012
(a)
a full and complete description of, and any descriptive mark or name on, any
secondhand article purchased or received, including the make, model
number, serial number, the gram weight of jewellery or any engravings;
(b)
the price paid for the secondhand article;
(c)
the precise date and hour of the purchase or receipt of the secondhand
article;
(d)
the name, initials or staff number of the staff person who purchased or
received the secondhand article;
8.
Every record in the dealer's seller register must include the following particulars:
(a)
the name of the seller;
(b)
the residential or street address of the seller;
(c)
the type and numbers of the pieces of authorized identification used by the
dealer to verify the seller's name and residential or street address;
(d)
the telephone number of the seller.
9.
If the dealer's item register and/or dealer's seller register is maintained electronically, at the
close of business every day, every dealer will print out a hard copy of every record made in
these two registers during the course of that day.
10.
If the dealer's item register and/or the dealer's seller register is maintained electronically,
and the dealer is unable, for any reason, to record entries in these registers electronically,
the dealer will revert to maintenance of a handwritten registers in the forms attached as
Schedule "A" and "B" to this Bylaw until electronic recording is available so that no gap in
the dealer's item register or dealer's seller register will exist.
Inspection of a Dealer's Item Register or Dealer's Seller Register
11.
Every dealer must, at all reasonable times during business hours, produce
the dealer's item register and/or dealer's seller register for inspection by the Chief of Police
or any officer.
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Consolidated January 2012
12.
The dealer's item register and/or the dealer's seller register may be removed at any time by
the Chief of Police or any officer for inspection by the Chief of Police or any officer, or for
use as evidence in court or other proceedings.
13.
Immediately upon the return of a dealer's item register and/or dealer's seller register to the
dealer, the dealer must enter therein in proper sequence each and every transaction
involving the purchase or receipt by the dealer of secondhand articles made during the
absence of the dealer's item register and/or dealer's seller register
Alteration of a Dealer's Item Register or Dealer's Seller Register
14.
No dealer will permit any entry made in a dealer's item register and/or dealer's seller
register to be erased, obliterated or defaced, either wholly or partially, or permit any page
or other portion of the register to be cut out or removed.
Preservation and Transfer of a Dealer's Item Register and Dealer's Seller Register
15.
Subject to section 12, every dealer must keep on its premises the dealer's item register and
dealer's seller register, or any portion of these registers, that contains an entry that is less
than 24 months old.
16.
Every dealer must preserve a copy of the dealer's item register and dealer's seller register
within the Province of British Columbia for seven years after the date of the last entry in
the registry.
17.
Every dealer that sells, leases or otherwise disposes of its secondhand dealership or
pawnbroker business to any person, must transfer possession of the dealer's item register
and dealer's seller register to such person.
Daily Reports of Dealer's Item Register
18.
Every dealer must make out and deliver in person to the Chief of Police, daily before 9:30
a.m., a correct and legible copy of every record from the dealer's item register for every
secondhand article purchased or received by the dealer during the twenty-four (24) hours
immediately preceding the hour of 9:00 a.m. of the day on which the report is made.
19.
The report must be signed by the dealer and must include the name of the dealer and all of
the particulars set forth in section 7.
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Consolidated January 2012
20.
No report will be required on Sundays or public holidays, but the report on Monday and
any day following a public holiday must cover the whole period subsequent to 9:00 a.m.
on the day on which the last preceding report was made.
21.
Instead of delivering the report in person, a dealer may transmit the report by facsimile or
other electronic means to a number, or email or internet address, as provided by the Chief
of Police.
Part 3
Licensing and Operation of Dealer's Business
Licence
22.
No person will carry on, maintain, own or operate a business as a dealer, unless and until
the person has a licence.
Place of Business
23.
No person licenced as a dealer will carry on such business except at the place of business
designated in the licence. For greater certainty, no dealer will purchase or receive
secondhand articles from any person other than at the place of business designated in the
licence, and no dealer will store any secondhand articles other than at the place of business
designated in the licence.
24.
If a person licenced as a dealer moves the business from the place designated in the
licence, such person must immediately provide notice in writing to a licence inspector of
the place to which the business has moved.
25.
If a person licenced as a dealer ceases to operate the business at the place designated in
the licence, such person must immediately provide notice in writing to a licence inspector
that they have ceased to operate business.
Name of Business
26.
Every dealer must, in accordance with the City's current Sign Bylaw, and all subsequent
amendments, have his, her or its business name and address painted plainly in English
lettering on the front of the premises where the business is carried on and, if a vehicle or
vessel is used in the carrying on of the business, then such name and address must be
plainly painted in English lettering on both sides of such vehicle or vessel.
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Consolidated January 2012
Hours of Business
27.
No dealer will purchase or receive in the way of business any goods, article or thing
whatsoever from any person between the hours of 8:00 p.m. on a calendar day and 9:00
a.m. the next calendar day.
Receipt of Goods
28.
No dealer will purchase or receive in the way of business any secondhand article from:
(a)
any person under the age of eighteen (18) years;
(b)
any person who does not present authorized identification;
(c)
any person who the dealer knows is selling secondhand articles for a person
under the age of eighteen (18) who is not in possession of authorized
identification; or
(d)
any person who is or appears to be under the influence of liquor or drugs.
29.
No dealer will purchase or receive in the way of business any secondhand articles where its
serial number or other identifiable marking has been wholly or partially tampered with,
defaced, removed, altered or made unreadable.
Inspection of Goods
30.
Upon demand by the Chief of Police or any officer, a dealer must produce for viewing, any
and every secondhand article particularly demanded, that has come into possession of the
dealer in the way of business.
Retention of Goods
31.
No dealer will:
(a)
alter, repair, dispose of, part with possession of, or remove, any secondhand
articles purchased or received in the way of business; or
(b)
permit any secondhand articles to be removed from the place of business, or
otherwise disposed of
Page 11
Consolidated January 2012
until after the expiration of thirty (30) clear calendar days from the date of purchase or
receipt by the dealer.
32.
Section 31 does not apply:
(a)
where the dealer is returning the secondhand article to the person identified
in the dealer's register as the person from whom the secondhand article was
originally purchased or received or bought by the dealer; or
(c)
where the second hand article is being transferred by a dealer from the place
of business where it was originally purchased or received or bought, to a
place of business that is related to the dealer's place of business, and the
related place of business is prohibited by the regulations in force in the
jurisdiction in which it conducts business from:
i. altering, repairing, disposing of, parting with possession of, or removing,
the secondhand articles purchased or received in the way of business, or
ii. permitting any secondhand articles to be removed from the place of its
business, or otherwise disposed of
until after the expiration of thirty (30) clear calendar days from the date of
purchase or receipt by the related dealer from the dealer that originally
purchased or received, bought or sold the secondhand article.
33.
Until the expiration of the thirty (30) day period described in section 31, all secondhand
articles must be tagged with a tag setting out the date on which the secondhand article
was purchased or received by the dealer, and must be segregated by the dealer and kept
apart from all other goods, articles or things in the place of business.
34.
Notwithstanding the provisions of section 31, the Chief of Police or any officer, may
require any dealer to hold any secondhand article for a longer period than that provided
for in section 31 from the date of purchase or receipt, in which case the secondhand article
must not be disposed of or removed from the place of business by the dealer without the
prior consent in writing of the Chief of Police or the officer who required the dealer to hold
the secondhand article for a longer period than that provided for in section 31.
35.
Notwithstanding the provisions of sections 31, if a dealer wishes to sell or dispose of any
property before the expiration of the applicable time period under section 31, the dealer
may deliver a written request to the Chief of Police or any officer who may waive in writing
Page 12
Consolidated January 2012
the dealer's obligation to comply with the applicable time period on such conditions as the
Chief of Police or that officer considers advisable.
Secondhand Dealers Acting as Pawnbrokers
36.
No person will, while licenced as a secondhand dealer, carry on business as a pawnbroker
unless such person has also taken out a licence as a pawnbroker, and no person will, while
licenced as a pawnbroker, carry on business as a secondhand dealer, unless such person has
also taken out a licence as a secondhand dealer.
37.
Every secondhand dealer that is also licenced to carry on business as a pawnbroker must
keep all secondhand articles purchased or received in the course of doing business as a
secondhand dealer, physically separate from secondhand articles left in pawn, and must
ensure that all secondhand articles are clearly and individually tagged with a tag to
indicate whether they were purchased or received secondhand or left in pawn.
Employees of Pawnbrokers
38.
No pawnbroker will employ any person in the business unless such person is eighteen (18)
years of age or older.
39.
Upon demand by the Chief of Police or any officer, a pawnbroker must supply such person
with the full name, date of birth, current address and description of every individual
employed by the dealer.
40.
Upon demand by the Chief of Police or any officer, a pawnbroker must present for view to
such person, evidence that any person employed by the pawnbroker is eighteen (18) years
of age.
Goods Purchased by Dealers from Dealers
41.
Where any secondhand articles have been purchased or received by a dealer from another
dealer, the purchasing or receiving dealer must:
(a)
record all such secondhand articles in the dealer's register;
(b)
report all such secondhand articles to the Chief of Police; and
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Consolidated January 2012
(c)
subject to the provisions set out in sections 31 and 32, hold all such
secondhand articles for a period of thirty (30) clear days from the date of
their purchase by the dealer from the dealer.
Purchase of New Goods
42.
Where any new goods, articles or things have been purchased by a dealer, the dealer must,
upon demand by the Police Chief or any officer, produce a receipt for all new goods,
articles and things and allow, at all reasonable times during business hours, for the
inspection of any new goods, articles or things by the Chief of Police or any officer .
Part 4
Right of Entry
Right of Entry
43.
Every dealer must, at all reasonable times, permit the Chief of Police or any officer to enter
into and inspect any place of business to ascertain whether the regulations and provisions
of this Bylaw are being obeyed and any person who refuses entry is in violation of this
Bylaw and will be liable to the penalties hereby imposed.
Part 5
Offences and Penalties
Offences
44.
Every person who violates any of the provisions of this Bylaw or who suffers or permits any
act or thing to be done in contravention of this Bylaw, or who neglects to do or refrains
from doing any act or thing which violates any of the provisions of this Bylaw, is guilty of
an offence against this Bylaw and is liable to a fine not exceeding $10,000.
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Consolidated January 2012
Part 6
Other Provisions
Repeal
45.
District of Coquitlam Second Hand Dealers Regulation and Licensing Bylaw No. 75, 1972. is
hereby repealed in its entirety.
Commencement
46.
This Bylaw will come into force on the date of final adoption hereof.
Severability
47.
If any section, subsection, clause or phrase of this Bylaw is, for any reason, held to be
invalid by a court of competent jurisdiction, it will be deemed to be severed and the
remainder of the Bylaw will remain valid and enforceable in accordance with its terms.
READ A FIRST TIME this 16th day of April, 2007.
READ A SECOND TIME this 16th day of April, 2007.
READ A THIRD TIME this 16th day of April, 2007
CONSIDERED AT A HEARING this 3rd day of May, 2007.
GIVEN FOURTH AND FINAL READING and the Seal of the Corporation affixed this 22nd day of May,
2007.
MAYOR
CLERK