SECONDHAND DEALERS

Hollywood, Fla., City Code tit. XI, ch. 121, pt. SECONDHAND DEALERS

in effect

Hollywood, Fla., City Code § 121.01 DEFINITIONS.

§ 121.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COIN. A piece of metal authorized by a government for use as money. SECONDHAND DEALERS. For the purpose of this chapter, the term SECONDHAND DEALER shall mean any person, firm, corporation or partnership holding itself out to the public by sign, printed matter or any media as being engaged in the business of buying, selling, bartering or exchanging in any manner, at retail or wholesale, secondhand goods as defined below in this section, whether or not with a fixed place of business. Such term shall also include pawnbrokers and all dealers who buy, trade or sell, or who make loans of money upon the deposit or pledge of any secondhand goods. Notwithstanding the foregoing, any person, firm, corporation or partnership holding itself out to the public by sign, printed matter or any media, as being engaged in the business of buying, selling, bartering or exchanging in any manner, at retail or wholesale, secondhand goods as defined below in this section is subject to the provisions of this chapter in regard to those secondhand goods. However, nothing in this chapter shall be deemed to be applicable to: (1) Registered religious or charitable organizations selling reconditioned or used articles. (2) Licensed garage sales. (3) Any person, firm, corporation or partnership exclusively engaged in the business of buying or selling of coins. SECONDHAND GOODS. For purposes of this chapter, SECONDHAND GOODS shall include the following items of personal property which have been owned or used by one or more ultimate consumers: (1) Any item containing gold, silver, copper or platinum, including coins. (2) Jewelry. (3) Diamonds, gems and other precious stones. (4) Microwave ovens. (5) Audio and video electronic equipment, including but not limited to television sets, radios, stereos, amplifiers, receivers, turntables, tape recorders, video tape recorders, speakers, and C.B. radios. (6) Photographic equipment, including but not limited to cameras, lenses, electronic flash equipment and tripods. ('72 Code, § 19-133) (Ord. O-81-17, passed 3-4-81; Am. Ord. O-81-33, passed 5-20-81; Am. Ord. O-87-01, passed 1-21-87)

Hollywood, Fla., City Code § 121.02 LOCAL BUSINESS TAX RECEIPT REQUIRED; APPLICATION.

§ 121.02 LOCAL BUSINESS TAX RECEIPT REQUIRED; APPLICATION. (A) Information required. (1) Every applicant for a local business tax receipt to engage in the business of a secondhand dealer shall file with the Director of Financial Services or his/her designee a written application upon a form prepared and provided by the city, signed by the applicant. The local business tax shall be as follows: (a) For businesses which transact less than $5,000 a year worth of business in secondhand goods, $250. (b) For businesses which transact from $5,000 to $10,000 a year worth of business in secondhand goods, $500. (c) For businesses which transact more than $10,000 a year worth of business in secondhand goods, $1,500. (2) The local business tax receipt shall be in effect for a period of one year unless otherwise revoked. Every application for a local business tax receipt to engage in the business of a secondhand dealer shall be signed and acknowledged before a notary public or other officer authorized to administer oaths. Such application shall state: (a) The names and residences of the applicant, if an individual, partnership or firm, or the names of the directors and officers and their residences, if the applicant is an association or corporation. (b) The length of time such applicant, if an individual or partnership, or the manager or person in charge, if the applicant is an association or corporation, has resided at his current residence his place of previous employment whether he has been convicted of a felony, and if so, what offense, when, and in what court. (c) Whether the applicant or officers or manager of the applicant has been employed by a secondhand dealer or has been a secondhand dealer. (d) The detailed nature of the business to be conducted and the kind of materials to be collected, bought, sold or otherwise handled. (e) The premises where such business is to be located or carried on. (f) That the applicant accepts the local business tax receipt, if granted, upon the condition that it will be suspended by the Chief of Police upon conviction of any offense enumerated in § 121.03(A). (g) That the applicant accepts the local business tax receipt, if granted on the condition that it accepts the right of a city law enforcement officer to inspect his/her premises in accordance with the terms of § 121.08. (B) Numbering and contents. All local business tax receipts issued under this chapter shall be numbered in the order in which they are issued and shall state clearly the location of the secondhand business, the date of issuance and expiration of the local business tax receipt, and the name and address of the local business tax receipt. Such local business tax receipt shall designate the place of business in or from which the secondhand dealer receiving the local business tax receipt shall be authorized to carry on such business. Such local business tax receipt is in addition to any other license required by applicable law. ('72 Code, § 19-138) (Ord. O-81-17, passed 3-4-81; Am. Ord. O-81-33, passed 5-20-81; Am. Ord. O-87-01, passed 1-21-87; Am. Ord. O-2007-07, passed 4-18-07)

Hollywood, Fla., City Code § 121.03 CERTAIN APPLICANTS INELIGIBLE FOR LOCAL BUSINESS TAX RECEIPT.

§ 121.03 CERTAIN APPLICANTS INELIGIBLE FOR LOCAL BUSINESS TAX RECEIPT. (A) No local business tax receipt as a secondhand dealer shall be granted to any person who has been convicted within ten years of the date of application of the offense or offenses of theft; larceny; embezzlement; conversion; obtaining money or property by false pretenses, fraud or deception; receiving stolen property; dealing in stolen property; possession of altered property; burglary; or violation of F.S. § 812.051, unless the person has had his/her civil rights restored. If the holder of the local business tax receipt is a corporation or an association, the above restrictions apply to all officers and directors thereof. If the holder of the local business tax receipt is a partnership, the restrictions apply to each partner. (B) No person having obtained a local business tax receipt as a secondhand dealer shall employ any person in any secondhand business who has within ten years of the date of employment been convicted of the offense or offenses of theft; larceny; embezzlement, conversion; obtaining money or property by false pretenses, fraud or deception; receiving stolen property; dealing in stolen property; possession of altered property; burglary; or violation of F.S. § 812.051, unless the person has had his/her civil rights restored. The names and addresses of all employees shall be submitted to the City Police Department within ten days of employment. ('72 Code, § 19-139) (Ord. O-81-17, passed 3-4-81; Am. Ord. O-81-33, passed 5-20-81; Am. Ord. O-2007-07, passed 4-18-07) Penalty, see § 10.99

Hollywood, Fla., City Code § 121.04 REVOCATION OF LOCAL BUSINESS TAX RECEIPT.

§ 121.04 REVOCATION OF LOCAL BUSINESS TAX RECEIPT. (A) In addition to the mandatory revocation of the local business tax receipt contained in § 121.02(A)(2)(f), any holder of a local business tax receipt who has been convicted of a violation of this chapter by a court of competent jurisdiction may have his/her local business tax receipt revoked or conditioned by the City Commission. For the purposes of this section, the term HOLDER shall include any officers or director of an association or corporation and any partners of a partnership. (B) Upon such a conviction, the City Manager may place on the City Commission agenda the matter of revoking or conditioning the local business tax receipt. Such agenda item shall be publicly advertised in a newspaper of local circulation; and written notice of the charges against the holder of the local business tax receipt shall be sent to him/her at least 14 days in advance and shall also contain the date, time and place of such agenda item. After consideration of the matter and allowing the holder of the local business tax receipt to be heard, the City Commission may revoke or condition the local business tax receipt. The factors to be considered by the City Manager and the City Com-mission shall include the number and seriousness of the specific sections of this chapter which the holder of the local business tax receipt has been convicted of, the number and seriousness of prior convictions under this chapter, whether the penalty imposed pursuant to the convictions has been satisfied and, based on the foregoing criteria, the danger to the health, safety and welfare of the public of continued operation by the holder of the local business tax receipt. ('72 Code, § 19-140) (Ord. O-81-17, passed 3-4-81; Am. Ord. O-81-33, passed 5-20-81; Am. Ord. O-2007-07, passed 4-18-07)

Hollywood, Fla., City Code § 121.05 CERTAIN ACTS AND PRACTICES PROHIBITED.

§ 121.05 CERTAIN ACTS AND PRACTICES PROHIBITED. Each of the following acts of commission or omission of a secondhand dealer or by any of his/her employees is hereby declared to be unlawful and shall subject the person convicted thereof by a court of competent jurisdiction to the penalties prescribed by § 10.99: (A) Carrying on the business of a secondhand dealer without a valid local business tax receipt or from any place other than the place designated in the local business tax receipt therefor. (B) Purchasing, receiving, trading, selling or otherwise disposing of any article covered by this chapter, between 10:00 p.m. and 7:00 a.m. the following morning. (C) Purchasing or otherwise acquiring any article covered by this chapter where the holder of the local business tax receipt knows or reasonably should know that the person the article was acquired from is under the age of 18 years or a person using a name other than his/her own. (D) Refusing, denying, retarding or interfering with the lawful inspection of the premises by a police officer of the city at any time. (E) Failing or neglecting to retain on the premises and have available for inspection by a police officer of the city an article covered by this chapter for a period of at least 15 days from and after the date and time that the reports required by § 121.06(A) have been received in the City Police Department, said articles to be ticketed with a number identical to the number on the ticket exchanged for the item referred to above; provided that the provisions of this division shall not be applicable when the person known by the secondhand dealer to be the true owner of any article desires to redeem, repurchase or recover such article at any time within such 15-day period. The secondhand dealer shall keep a record of the proof of ownership presented by the true owners. (F) Failing or neglecting to comply with any applicable provision of this chapter. ('72 Code, § 19-134) (Ord. O-81-17, passed 3-4-81; Am. Ord. O-81-33, passed 5-20-81; Am. Ord. O-81-96, passed 12-61-81; Am. Ord. O-2007-07, passed 4-18-07) Penalty, see § 10.99

Hollywood, Fla., City Code § 121.06 RECORDKEEPING.

§ 121.06 RECORDKEEPING. (A) Record of acquisition of articles. Every secondhand dealer shall keep a record of acquisitions of secondhand goods approved as to type and form by the Chief of Police, with certification of such approval endorsed therein over the signature of a member of the Police Department designated for that purpose by the Chief of Police. The record shall be in a form that contains consecutively prenumbered pages and is in triplicate. The record shall be clearly and legibly written in ink in the English language at the time of each loan, purchase or other method of acquisition and shall contain an accurate and true description of each article, the amount of money or other consideration loaned thereon or paid or given therefor, the date and time of the acquisition of such article by the secondhand dealer, the true name of the person dealt with, as nearly as known, such person's signature, place of residence, race, sex, age, height, build, color of hair, color of eyes, complexion, home telephone number, business telephone number, and reasonable proof of identification by an exhibition of any two of the following: driver's license, voter's registration card, birth certificate, draft registration card, police identification card, passport or other similar reliable means of identification, as well as a photograph or thumb print of the person. The record shall contain the type of identification exhibited, the issuing agency and the number thereon. Unacceptable identification incudes but is not limited to credit cards, social security cards and handwritten identification cards. No entry made in such record shall be erased, obliterated or defaced. (B) Copy of record. Every dealer shall pre-pare and deliver a copy of the record required by di-vision (A) to the person selling or pledging any item. ('72 Code, § 19-135) (Ord. O-81-17, passed 3-4-81; Am. Ord. O-81-33, passed 5-20-81; Am. Ord. O-81-96, passed 12-61-81) Penalty, see § 10.99

Hollywood, Fla., City Code § 121.07 DAILY POLICE REPORTS.

§ 121.07 DAILY POLICE REPORTS. It shall be the duty of every secondhand dealer to make out and deliver to the Police Department within 24 hours of acquisition of any article covered by this chapter, in the form approved for such purpose by the Chief of Police, a legible, complete and correct record, as required by § 121.06(A) for the immediately preceding period. ('72 Code, § 19-136) (Ord. O-81-17, passed 3-4-81; Am. Ord. O-81-33, passed 5-20-81; Am. Ord. O-81-96, passed 12-61-81) Penalty, see § 10.99

Hollywood, Fla., City Code § 121.08 AUTHORITY OF CITY TO INSPECT.

§ 121.08 AUTHORITY OF CITY TO INSPECT. Any law enforcement officer of the city shall have the right to inspect the premises of any secondhand dealer in the city during normal business hours for the purpose of locating stolen goods or inspecting the records required to be kept by this chapter. ('72 Code, § 19-137) (Ord. O-81-17, passed 3-4-81; Am. Ord. O-81-33, passed 5-20-81)

Source: City of Hollywood, Florida, Code of Ordinances, Charter and Zoning and Land Development Regulations (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/hollywood/latest/hollywood_fl/0-0-0-55442Fetched: 11/8/2026