By-law No. 36-4 (Second-hand Stores and Pawnshops) — full text

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CITY OF KAMLOOPS BY-LAW NO. 36-4 A BY-LAW TO PROVIDE FOR THE REGULATION OF SECOND-HAND STORES AND PAWNSHOPS WHEREAS the Community Charter, SBC 2003, Chap. 26, as amended, authorizes the Municipal Council of the City of Kamloops, by by-law, to regulate the business of second- hand dealers and pawnbrokers within the City of Kamloops, AND WHEREAS the Municipal Council of the City of Kamloops considers it necessary to regulate the businesses of second-hand dealers and pawnbrokers within the City of Kamloops, NOW THEREFORE the Council of the City of Kamloops, in open meeting assembled, enacts as follows: 1. This by-law may be cited as "City of Kamloops Second-Hand Stores and Pawnshops By-law No. 36-4, 2008." 2. Second-Hand Stores and Pawnshops By-law No. 36-3, is hereby repealed. 3. This by-law is divided into the following parts: Division One - Definitions and Interpretation Division Two - Applicability and Licence Requirements Division Three - Product Registry Division Four - Inspection Division Five - General Requirements Division Six - Offences and Penalties Division Seven - Schedules DIVISION ONE - DEFINITIONS AND INTERPRETATION 101. In this by-law: "AUTHORIZED IDENTIFICATION" means any two or more of the following pieces of identification, both of which must be valid, one of which must contain a photograph of the bearer and one of which must contain the signature of the bearer: (a) driver's licence issued by a Canadian province or territory; (b) provincial identification card issued by a Canadian province; (c) provincial health care card issued by a Canadian province; (d) certificate of birth issued by a Canadian province or territory; (e) social insurance number (SIN) card; BY-LAW NO. 36-4 PAGE 2 (f) old age security identification card; (g) passport; (h) Canadian citizenship card or certificate of Canadian citizenship issued by Citizenship and Immigration Canada; (i) permanent resident card issued by Citizenship and Immigration Canada; (j) record of landing issued by Citizenship and Immigration Canada; (k) certificate of Indian status issued by Indian and Northern Affairs Canada; and (l) signed credit card. "BUSINESS LICENCE" means a licence to carry on a business, trade, profession, or other occupation issued under the City of Kamloops Business Licence By-law, as replaced or amended from time to time. "CITY" means the City of Kamloops. "DEALER" means second-hand dealers and pawnbrokers. "NON-PROFIT SOCIETY" means a registered charitable society or organization which is incorporated and in good standing under the Society Act, R.S.B.C. 1996, c. 433 and is registered as such under the Income Tax Act (Canada), (R.S.C. 1985, c.1), as replaced or amended from time to time, and is qualified to issue tax receipts to its donors. "OFFICER" includes: (a) every member of the Royal Canadian Mounted Police responsible for policing the City; (b) every by-law enforcement officer appointed by the City of Kamloops to enforce City by-laws; and (c) every business licence inspector appointed by the City of Kamloops to carry out the duties of a business licence inspector. "OFFICER IN CHARGE" means the member of the Royal Canadian Mounted Police who is appointed as the officer in charge under this by-law, and includes his designate. "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 property in pawn, or who keeps a store, shop, or other premise for the purpose of carrying on such trade or business. BY-LAW NO. 36-4 PAGE 3 "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 only those premises listed on the applicable business licence. "PRODUCT REGISTRY" means the record referred to in Division Three of this by- law. "PROPERTY" includes goods, chattels, wares, merchandise, articles and things. "PURCHASE" means to buy, acquire, receive, barter, trade, deal in, take in exchange, take in part payment, or receive on consignment any property; and "purchasing" and "purchased" shall be construed accordingly. "SECOND-HAND DEALER" includes every person who carries on the trade or business of purchasing or selling any used or second-hand property, or who keeps a store, shop, or other premise for the purpose of carrying on such trade or business, but does not include: (a) a person who only purchases or sells used or second-hand property limited to antiques, books, papers, magazines, vinyl records, long-play records, bottles, furniture (other than electronic or computer equipment of any description), costume jewellery, footwear, house- wares (such as dishes, pots, pans, cooking utensils, and cutlery), motor vehicles and/or clothing (other than leather jackets, fur coats or fur stoles); (b) a person who only purchases property at auctions or by estate sales; or (c) a person who purchases or sells used or second-hand property from or through a non-profit society, or who receives used or second-hand property by donation only. "TRANSACTION" includes: (a) the purchase by a dealer of any used or second-hand property for an amount of twenty-five ($25.00) dollars or more; (b) any property taken in pawn by a dealer for an amount of twenty-five ($25.00) dollars or more; and (c) any used or second-hand property purchases or receipts in pawn by a dealer from the same person within a twenty-four hour period, the total value of which is twenty-five ($25.00) dollars or more. "WEEKLY REPORT" means the report referred to in Sections 304 and 305 of this by-law. BY-LAW NO. 36-4 PAGE 4 102. If any section, subsection, clause or phrase of this by-law is for any reason held to be invalid by a decision of the court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not effect the validity of the remainder. DIVISION TWO - APPLICABILITY AND LICENCE REQUIREMENTS 201. This by-law applies to each person carrying on, maintaining, owning or operating a business as a dealer, excluding non-profit societies as defined in this by-law. 202. No person may carry on, maintain, own or operate a business as a second-hand dealer or a pawnbroker unless they hold a valid business licence to do so. 203. A person may only carry on, maintain, own or operate a business as a second-hand dealer or a pawnbroker, as the case may be, at the place of business designated in the applicable business licence. 204. No person may retail or wholesale any new property in the same premises where the retailing or wholesaling of used or second-hand property occurs, unless they hold a valid business licence for both types of businesses. 205. A second-hand dealer who also holds a business licence as a pawnbroker must clearly and physically separate all property purchased as a second-hand dealer from property taken in pawn, and must clearly and individually tag each item of property to indicate the date of purchase and whether the dealer purchased such item or took it in pawn. DIVISION THREE - PRODUCT REGISTRY 301. Each dealer must establish and maintain a record of all transactions, to be called the "product registry". 302. Each dealer, immediately after each transaction, must record in the product registry the following information and particulars, where applicable: (a) whether the property is being purchased by the dealer or taken in pawn by the dealer; (b) a full and accurate description of the property, including make, model, serial number, and other identifying markings or engravings which have been made on or attached to the property; (c) in the case of jewellery and all other property which does not have a manufacturer's serial number affixed or attached to it, a photograph that accurately depicts the property in question; (d) the date and precise time the dealer purchased the property or received the property in pawn, as applicable; BY-LAW NO. 36-4 PAGE 5 (e) the value of property purchased by the dealer, or the value of the property taken in pawn, as applicable; (f) the full name and address of the person from whom the dealer purchased the property or received the property in pawn, as applicable; (g) confirmation of the identity of the person from whom the dealer purchased the property or received the property in pawn by way of the type of and the number on each piece of authorized identification presented; and (h) the dealer's signature, which confirms the dealer's responsibility for and the correctness of the product registry entry and all information listed in respect of the transaction. 303. Each dealer must: (a) ensure that all entries in the product registry are legible, in the English language, and typed or printed in ink; (b) subject to Section 402, keep at its place of business the product registry or any portion of the product registry that contains any entry that is less than twenty-four (24) months old; (c) keep the product registry within the Province of British Columbia for seven (7) years after the date of the last entry; and (d) if the dealer sells, leases, or otherwise disposes of the dealer's business to any person, transfer possession of the whole product registry to such person. 304. Each dealer must: (a) every Monday, and where Monday falls on a public holiday, then the next business day thereafter, personally make out and hand-deliver or deliver by facsimile to the officer in charge of the Kamloops RCMP Detachment between the hours of 0830 hours (8:30 a.m.) and 1030 hours (10:30 a.m.), a report to be called a "weekly report", which includes the following particulars with respect to each transaction that took place during the previous seven (7) days: (i) a full and accurate description of the property, including make, model, serial number, and other identifying markings or engravings which have been made or attached to the property; (ii) in the case of jewellery and all other property which does not have a manufacturer's serial number affixed or attached to it, a photograph that accurately depicts the property in question; and (iii) the date and precise time the dealer purchased the property or received the property in pawn, as applicable. BY-LAW NO. 36-4 PAGE 6 305. All weekly reports must be in a format acceptable to the officer in charge and must contain the dealer's signature, which confirms the dealer's responsibility for and the correctness of the weekly report, and all information and particulars contained therein. DIVISION FOUR - INSPECTION 401. Each dealer, during business hours on business days, must permit the officer in charge and/or any other officer to enter into any dealer's place of business to inspect the dealer's place of business in order to determine whether the provision of this by- law are being complied with. 402. A dealer must not: (a) permit any person to record, transmit or deliver false, misleading, or inaccurate information in, or in respect of, a product registry; and (b) permit any portion of a product registry to be altered, amended, erased, obliterated, deleted or removed, either wholly or partially. 403. A dealer must not purchase or take in pawn any used or second-hand property upon which an identification number or serial number has been wholly or partially altered, obliterated, deleted, defaced, removed or tampered with, unless obtaining the prior written approval of the officer in charge. 404. A dealer must not purchase or take in pawn any used or second-hand property from: (a) any person who is or who appears to be under the influence of alcohol or any drug(s); (b) any person who is under the age of eighteen (18) years; (c) any person who does not present the required authorized identification, or otherwise refuses to comply with any requirements of this by-law; (d) any person who the dealer knows or has grounds to believe may have stolen or otherwise illegally acquired the used or second-hand property; or (e) any person, between the hours of 21:00 hours (9:00 p.m.) and 08:00 hours (8:00 a.m.). 405. Each dealer who knows or has grounds to believe that any used or second-hand property offered for purchase or pawn may have been stolen or otherwise illegally acquired, must immediately notify the Kamloops RCMP. 406. A dealer may not employ a person under the age of eighteen (18) years to purchase, receive in pawn or sell used or second-hand property. BY-LAW NO. 36-4 PAGE 7 407. Each dealer must supply the officer in charge with the full name, date of birth, current address, and description of every individual proposed to be employed by the dealer prior to their employment and every individual engaged in the management or control of the said business. 408. Each person holding a business licence permitting them to carry on business as a dealer must notify the officer in charge of any changes in the persons engaged or employed in the said business during the business licence period by supplying the information listed in Section 407 of this by-law with respect to those persons. DIVISION FIVE - GENERAL REQUIREMENTS 501. During the applicable period of time set out in Section 502, each dealer, for each item of property the dealer purchases or receives in pawn, must: (a) clearly and individually tag by date of purchase or receipt in pawn, as the case may be, and clearly and physically separate from other property in the dealer's place of business, the item of property; and (b) not repair, alter, dispose of, part with possession of, or remove from the dealer's place of business the item of property; and not suffer or permit any other person to repair, alter, dispose of, part with possession of, or remove from the dealer's place of business the item of property. 502. Each dealer must comply with the requirements of Section 501, with respect to each item of property the dealer purchases or receives in pawn, for the longer of: (a) thirty (30) calendar days after the date on which the dealer purchases the property or receives the property in pawn, as the case may be; and (b) the number of days of which the officer in charge or any other Officer advises the dealer, which must not exceed ninety (90) days after the date the dealer purchases the property or receives the property in pawn. 503. If a dealer, before expiry of the applicable time period under Section 502, wishes to sell or dispose of any property, the dealer may deliver a written request to the officer in charge, who may waive in writing the dealer's obligation to comply with the applicable time period on such conditions as the officer in charge considers advisable. BY-LAW NO. 36-4 PAGE 8 504. Each dealer must ensure all property purchased or received in pawn which has a retail value of twenty-five ($25.00) dollars or greater is labelled with: (a) a product registry number; (b) the name of the person from whom the dealer purchased the property or received the property in pawn; and (c) the date the dealer purchased the property or received the property in pawn, all of which shall correspond and be cross-referenced with the applicable product registry entry. 505. Each dealer must have a sign with the business name and the word or words "Second-Hand" or "Pawnbroker" or "Used" in large, legible characters printed plainly in English placed on the outside of the place of business or visible from the outside of the place of business, as permitted by the City of Kamloops Sign Regulations By-law, as replaced or amended from time to time. DIVISION SIX - OFFENCES AND PENALTIES 601. No person shall do any act or suffer or permit any act or thing to be done in contravention of this by-law. 602. Every person who violates any provision of this by-law, or who permits any act or thing to be done in contravention of this by-law, or who fails to do any act or thing required by this by-law, shall be deemed to have committed an offence against this by-law and: a) shall be liable to a fine set out in the City of Kamloops Municipal Ticket Utilization By-law; or b) shall be liable, upon summary conviction, to the penalties provided under the Offence Act; or c) any combination of the above. 603. Each day that an offence against this by-law continues shall be deemed a separate and distinct offence. 604. Any penalty imposed pursuant to this by-law shall be in addition to, and not in substitution for, any other penalty or remedy imposed pursuant to any other applicable statute, law or legislation. BY-LAW NO. 36-4 PAGE 9 DIVISION SEVEN - SCHEDULES The following schedule is attached and forms part of this by-law and is enforceable in the same manner as this by-law: Schedule "A" - Fine Schedule READ A FIRST TIME the 12th day of February , 2008. READ A SECOND TIME the 12th day of February , 2008. READ A THIRD TIME the 12th day of February , 2008. ADOPTED this 19th day of February , 2008. ORIGINAL SIGNED BY: MAYOR T. Lake ORIGINAL SIGNED BY: CORPORATE OFFICER L. W. Hrycan BY-LAW NO. 36-4 PAGE 10 Schedule "A" FINE SCHEDULE Offence Section No. Fine Conduct business without licence 202 200.00 Conduct business other than licenced place of business 203 200.00 Combine sale of new and used goods without appropriate licences 204 200.00 Fail to separate second hand goods from pawn property 205 200.00 Fall to maintain registry 301 200.00 Fall to make registry entry 302 200.00 Registry not legible or complete 303(a) 200.00 Fail to retain registry 303(b) & (c) 200.00 Fail to transfer registry 303(d) 200.00 Fail to deliver weekly report 304 200.00 Refuse entry 401 200.00 Record false, misleading or inaccurate information in registry 402(a) 200.00 Deface or alter registry 402(b) 200.00 Receive goods with altered/ deleted serial number 403 200.00 Receive goods from person under influence of alcohol or drug(s) 404(a) 200.00 Receive goods from person under 18 years 404(b) 200.00 Receive goods from person without identification 404(c) 200.00 Receive goods known or believed to have been illegally acquired 404(d) 200.00 Purchase or receive beyond specified time 404(e) 200.00 Employ person under 18 years 406 200.00 Fail to supply employee list 407 200.00 Fail to notify of changes to employee list 408 200.00 Pawn properties not tagged 501(a) 200.00 Permit repair, alteration, disposal or removal of pawn property 501(b) 200.00 Fail to hold 30 days 502(a) 200.00 Fail to hold for longer duration 502(b) 200.00 Fail to properly label all property of retail value greater than $25.00 504 200.00 Fail to display signage 505 200.00