§ 18-135. Record to be kept.

(a)

Every person or business engaged as a junk dealer, defined by K.S.A. 50-619, or dealer in secondhand goods shall, when purchasing or trading any property within Arkansas City:

(1)

Receive and review proof of ownership prior to purchasing or receiving any such item, establishing that the seller has the legal authority to transfer ownership of the property; and

(2)

Create and maintain an Electronic Record of all such property with a full, accurate and detailed description of:

a.

The date of receipt of the property;

b.

A full and accurate description of the property, including any identifying letters, serial numbers, identifying marks, trade name, make and model;

c.

The correct legal name and address of the person selling the property, the driver's license number of the individual (or if not available, a military ID number, passport number, or other approved State ID number);

d.

The amount paid for the property; and

e.

For precious metals, as that term is defined in K.S.A. 16-706, the manner in which the property was acquired and when it was acquired by the seller.

(b)

The term "dealer in secondhand goods" means any person who is engaged in the business or commercial enterprise of buying or otherwise acquiring goods, wares, merchandise, furniture, tools of any kind, automobile tires, accessories or supplies, clothing, wearing apparel, jewelry, or other articles of value (merchandise) in a secondhand condition (previously owned) for the purpose of reselling the same, but excluding "farmers' markets" or truck gardens selling non-processed horticultural produce, eggs, honey, and/or firewood.

(c)

All junk dealers and dealers in secondhand goods must furnish a full, true and correct transcript of the electronic record of all transactions to the Arkansas City Police Department at least one time per calendar week, or more often upon request, by email, CD, DVD or flash drive (or other similar electronic storage device).

(1)

All electronic and written records of every transaction regulated by this section shall be maintained by the secondhand dealer at the place of business for not less than two years following the date of the transaction, and shall be open to Arkansas City Police Department at all reasonable hours.

(2)

An electronic record is a record of every transaction typed into a searchable, computer program designated by the Arkansas City Police Department in a document provided by that department (currently Microsoft Excel), or through the Arkansas City Police Department's property tracking service, LeadsOnline, or through a tracking service compatible with LeadsOnline.

(e)

All junk dealers and dealers in secondhand goods shall retain possession and withhold all property from resale or salvage for a holding period of ten calendar days from the date the electronic record of that transaction was produced to Arkansas City Police Department.

(f)

This section shall not apply to the following: purchases of goods from manufacturers or wholesale dealers with an established business location; goods purchased at estate sales; goods purchased from a bankruptcy estate; goods purchased at auction; goods purchased from other dealers in second-hand goods that provide reports under this section; or firearms.

(Prior Code(1), § 14-2a02; Prior Code(2), §§ 5.40.020, 5.41.010; Ord. No. 1880, 1974; Ord. No. 3766, § 1, 1998; Ord. No. 4069, § 1, 2006; Ord. No. 2015-01-4377, § 1, 1-20-2015)

State law reference

Exception from license requirement for persons selling agricultural, farm, garden or aquacultural products grown or produced by such persons residing in the state, K.S.A. 12-1617.