Secondhand Sales; special requirements - Auction houses and secondhand dealers.
Peoria, Ariz., City Code § 11-126
in effectSec. 11-126. Secondhand Sales; special requirements - Auction houses and secondhand dealers.
(a) Every person, except organizations that are deemed not for profit under the laws of this state or any other state, engaged in the business of second hand sales shall make out at the time of the transaction a true, complete and legible report of all goods or articles with a fair market value in excess of $25.00 received on deposit or consignment, trade or exchange, or by purchase. The report shall be delivered within twenty-four hours to the City by electronic means as approved by the City. The reporting party shall retain on the premises of the business for six months from the date of the transaction. Each report shall contain the same information required by Section 11-127 of this Chapter.
(b) An auction house or secondhand dealer shall retain any property obtained in a reportable transaction at its place of business, or other storage location approved by the City for a period of twenty (20) calendar days after making out and delivering to the City the report required under subsection (a) above. Any article retained pursuant to this subsection shall not be altered or transformed in any way but shall be held in the same condition in which it was delivered to the reporting party.
(c) Subsections (a) and (b) of this section shall not apply to transactions falling within any one or more of the following categories:
(1) Purchases by a secondhand dealer or auction house from a business with a fixed business location of either business inventory or business equipment, provided that the licensee acquires at, or has previously acquired by, the time of the transaction, all of the following:
(i) The name and address of the business.
(ii) The state and local transaction privilege tax license number of the business, if applicable.
(iii) A copy of the invoice or other document showing the business' bona fide purchase of or right to possess the article sold, or a representative of the business with apparent authority to act in behalf of the business for purposes of this subsection has completed and signed the report required in subsection (a) of this section in all its particulars, notwithstanding the amount of the transaction.
(2) Purchases of household items by a secondhand dealer or auction house from a place of residence, provided that all of the following apply:
(i) The purchase is made by the licensee by check or other negotiable instrument made payable to the seller, or the purchase is made in cash and the licensee has obtained a receipt for that cash payment from the seller bearing the seller's name and address, verified to be accurate by the licensee from the identification of the type listed in subsection 11-127(C)4.
(ii) The seller has produced for the licensee's inspection documentary evidence that would establish to the satisfaction of a reasonable person that the seller is either the lawful occupant of the premises or has the legal right to sell the items being offered for sale. The licensee shall record from the documentary evidence produced a description of the document, including the name or nature of the document, and, to the extent available, its date, the individual's name and address thereon, and any account number appearing thereon.
(d) Notwithstanding the $25.00 rule of subsection (a), a licensee shall record the serial numbers and descriptions of all items bearing serial numbers.
(e) Every person engaged in the business of secondhand sales shall record the description of every article sold for an amount of $100.00 of more. He shall also record the name and address of the purchaser of such articles. This record shall be held by the secondhand dealer for at least thirty days after the sale.
(f) The business premises of any auction house or secondhand dealer, along with their transaction record and stock of goods and articles shall be open to reasonable inspection by any peace officer of this state when the business premises are lawfully occupied and during regular business hours.
(g) Any person violating any of the provisions of this section, shall be strictly liable. No culpable mental state is required.
(h) Notwithstanding any other provisions of this section, the license of any auction house or secondhand dealer, may be suspended for a period not to exceed one year upon a showing that the operator or any employee of such establishment has been convicted of violating any of the provisions of Chapter 11 of the Peoria City Code or A.R.S. §§ 13-1802 and 13-2307, in the conduct of business of such establishment. The conviction of any employee under A.R.S. § 13-1802 for an act of theft committed against that employee's own auction house or secondhand dealer shall not be the basis for suspension under the subsection.
(i) No person engaged in the business of auction house or secondhand dealer shall knowingly permit a person whose license is under suspension under subsection (h) above to be employee in any capacity of such establishment.
(j) The reporting requirements of subsection (a) of this section on goods and articles received on deposit or consignment, trade or exchange, or by purchase shall not apply to organization qualified under Section 501(c) of the United States Internal Revenue Code.
(Code 1977, art. 9-5(D); Ord. No. 99-111, 12/14/99, Existing Section Repealed (SUPP 1999-4); Ord. No. 99-111, 12/14/99, Enacted (SUPP 1999-4); Ord. No. 02-42, 6/7/02, Amended (SUPP 2002-2); Ord. No. 2017-27, § 78, 6-13-17; Ord. No. 2020-10, § 10, 8-18-20)
Source: City of Peoria, Arizona, City Code and Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/peoriaaz/latest/peoria_az/0-0-0-50756Fetched: 11/8/2026