USED GOODS DEALERS

SEA-MC tit. 6, subtit. IV, ch. 6.288

in effect

Seattle Mun. Code § 6.288.010 Definitions.

6.288.010 - Definitions. A. "Non-metal junk" means any non-metal, commonly discarded item that is worn out, or has outlasted its usefulness as intended in its original form. B. "Pawnbroker" means any person engaged, in whole or in part, in the business of loaning money upon the security of pledges of personal property, or deposits or conditional sales of personal property, and the purchase or sale of personal property. C. "Reprocessed goods" means any item of personal property that is substantially rebuilt or remanufactured. D. "Scrap metal" means any used metal, except gold, silver, or platinum, that is no longer useful as it was intended to be used in its original form, or that is commonly gathered up and sold to be converted into another form. E. "Scrap metal hauler" means any used goods dealer in scrap metal, who does not maintain a storage yard or similar facility, and who goes from place to place operating a vehicle carrying scrap metal that has been purchased or gathered and is to be sold. F. "Scrap metal processor" means any used goods dealer who buys and stores scrap metal in any form, except gold, silver, or platinum. G. "Used goods" means any item of personal property offered for sale not as new, including metals in any form except coins that are legal tender, but excluding books, magazines and postage stamps. H. "Used goods dealer" means any pawnbroker, scrap metal processor, scrap metal hauler, or person engaged in the business of purchasing, selling, trading, auctioning, consignment selling, or otherwise transferring for value, used goods. I. "School" means an educational facility of Seattle School District No. 1 or of an adjoining school district, and also means a "residential school" as that term is defined in Sections 28A.190.010 and 28A.190.020 RCW, and also means a private facility used for education now or hereafter approved as a school by the Superintendent of Public Instruction of the State of Washington under Chapter 28A.195 RCW. It does not include home-based instruction whether or not that instruction meets the requirements of Subsection 28A.225.010(4) RCW. The designation of the grounds of a school on the map of "drug-free zones" maintained in the offices of the Seattle Police Department shall be conclusive evidence that a school exists on that site for purposes of this chapter. J. "Firearm" means a weapon or device from which a projectile may be fired by an explosive such as gunpowder. (Ord. 117730, § 1, 1995; Ord. 116924, § 1, 1993; Ord. 115843, § 1, 1991; Ord. 110082, § 1, 1981; Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.020 Expiration date.

6.288.020 - Expiration date. Used goods dealers' licenses expire annually on March 31st. (Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.030 License required—Exceptions.

6.288.030 - License required—Exceptions. A. It is unlawful to engage in business as a used goods dealer without first obtaining a used goods dealer's license issued in accordance with this Code. It is unlawful to engage in business as a pawnbroker without first obtaining from the Director a "Pawnbroker" endorsement on a used goods dealer's license. B. The provisions do not apply and a license is not required: 1. To give an allowance for the trade-in or exchange of used goods on the purchase of new merchandise of the same kind of greater value, and to resell the trade-in; 2. To engage in the business of reprocessing goods or selling reprocessed goods; 3. For any secured party, as defined by RCW 62A.9-105(i) as amended, to dispose of his or her own collateral after default, in accordance with RCW 62A.9-504 as amended; 4. To sell unredeemed or unclaimed goods he/she has repaired in the regular course of his/her repair service, in order to collect his/her mechanic's lien; provided that records establishing customer identification, article description and transaction date be made available to the Chief of Police for inspection upon request; 5. To buy or sell empty food and beverage containers or nonmetal junk; 6. To buy scrap metal in transactions for Twenty-five Dollars ($25) or less, and to sell scrap metal accumulated through those transactions; 7. To engage in business as a used automobile dealer, if holding a valid Washington State License pursuant to RCW 46.70; 8. To engage in business as a tow truck operator if holding a valid Seattle tow truck operator license; 9. To engage in business as a motor vehicle wrecker, or hulk hauler, if validly licensed as a motor vehicle wrecker or hulk hauler pursuant to RCW 46.79 or RCW 46.80; 10. To engage in business at flea markets or swap meets less than four (4) times per year; 11. To engage in business as a used dealer, if holding a valid Washington State Registration issued pursuant to Chapter 88.02 RCW; provided that, the used vessel dealer does not sell used vessel parts. (Ord. 119591, § 1, 1999; Ord. 116924, § 3, 1993; Ord. 115843, § 2, 1991; Ord. 110082, § 2, 1981; Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.040 Pawnbrokers—Location limitations.

6.288.040 - Pawnbrokers—Location limitations. A. No "pawnbroker" endorsement to a used goods dealer license shall be issued to conduct any pawnshop located within a distance of five hundred (500) feet from the grounds of a public, parochial or private school, if the business offers firearms for sale, has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale, unless such pawnshop was lawfully conducted at the same location within such area by a licensed pawnbroker on December 26, 1993 and has been continuously operated at that location by the same licensee ever since, or the school was established after the pawnshop was licensed at that location. B. A "pawnbroker" endorsement shall be issued only to conduct a pawnshop located within any of the following land use zones as those zones are mapped from time to time in the Official Land Use Map of The City of Seattle, which is part of Title 23 of the Seattle Municipal Code: C1, C2, DOC1, DOC2, DRC, DMC, DMR, PSM, IDM, IDR, DH1, DH2, PMM, IG1, IG2, IB, IC. (Ord. 117730, § 2, 1995: Ord. 116924, § 2, 1993; Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.045 Metal haulers—Special regulations.

6.288.045 - Metal haulers—Special regulations. A. Notwithstanding any other requirements of this chapter, scrap metal haulers shall: 1. Attach license indicia to any vehicle used for scrap metal hauling, which license indicia shall be issued by the Director and attached as prescribed by the Director; 2. Maintain a record of all property acquired for which no purchase price is paid, including the name and address of the person from whom the property is acquired, the address of the location from which the property is acquired, and information as required in subsection B of Section 2.88.070. B. Scrap metal haulers are not required to retain property, as required in Section 2.88.100 of this chapter. C. Any violation of this section is a violation of this Code. (Ord. 110082, § 6, 1981.)

Seattle Mun. Code § 6.288.050 Unlawful acts.

6.288.050 - Unlawful acts. It is unlawful for any used goods dealer or his/her employee to: A. Refuse to allow the inspections as required in Section 6.288.110; or B. Falsify, obliterate, destroy or remove from his/her place of business any record that is required to be maintained by this chapter, within three (3) years from the date of the transaction; or C. Receive any property from any person under the age of eighteen (18) years, any person under the influence of intoxicating liquor or drugs, or any person known to the used goods dealer as having been convicted of burglary, robbery, theft or possession of or receiving stolen property within the past ten (10) years whether the person is acting in his or her own behalf or as the agent of another; or D. Remove, alter, or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned, or received in pledge. In addition an item shall not be accepted for pledge or a purchase where the manufacturer's make, model, or serial number, personal identification number or identifying marks engraved or etched upon an item of personal property has been removed, altered, or obliterated. (Ord. 115843, § 3, 1991; Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.060 Notification of new pawnbroker business.

6.288.060 - Notification of new pawnbroker business. Whenever a used goods licensee plans to engage in the business of pawnbroker, at a location not licensed for pawnbroker activity in the previous license year, he/she shall first notify the Chief of Police in writing thirty (30) days in advance of the first day of doing business as a pawnbroker. (Ord. 115843, § 4, 1991; Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.065 Pawnbrokers—Limitation on numbers.

6.288.065 - Pawnbrokers—Limitation on numbers. A. No more than two (2) Pawnbroker endorsements shall be issued in each calendar year for the conduct of pawnbroker businesses at locations not licensed for pawnbroker activity on December 31st of the immediately preceding year. B. Notwithstanding anything contained in subsection A of this section, no Pawnbroker endorsement shall be issued for the conduct of a pawnbroker business at a location not licensed for pawnbroker activity in the previous year if, on the March 30th next preceding the effective date of the license for which the Pawnbroker endorsement is sought, the number of locations licensed for pawnbroker activity exceeds one (1) for every fifteen thousand (15,000) inhabitants of the City, as reflected in the then most current final population figures available from the Washington State Office of Financial Management or its functional successor. Subsections A and B shall not restrict reissuance of a Pawnbroker endorsement to a new location. C. The Chief of Police shall adopt and publicize a process for allocating new Pawnbroker endorsements by chance if there are or there are reasonably expected to be more new applicants in a year or other pertinent time period than the number of new endorsements permitted. D. The Chief of Police shall report the status of the City's program for tracking pawn transactions and monitoring pawnshop operations to the City Council's Public Safety Committee or its functional successor on or before June 1, 2005. (Ord. 120805, § 1, 2002: Ord. 120140, § 1, 2000: Ord. 118831, § 1, 1997: Ord. 117730, § 3, 1995; Ord. 117371, § 1, 1994; Ord. 116924, § 4, 1993.)

Seattle Mun. Code § 6.288.070 Duty to record transactions.

6.288.070 - Duty to record transactions. It is a violation for any used goods dealer to fail to maintain in his/her place of business a bound book or other permanent record, including a computerized recordkeeping and data transmission system approved by the Chief of Police, in which shall be legibly written in the English language, at the time of each pawn, purchase or consignment, a record thereof containing: A. For Used Goods Other Than Scrap Metal. 1. Information identifying the transaction as follows: a. The date of the transaction, and b. The name of the person conducting the transaction on behalf of the licensee, or the identification number of such person. c. A description of the property pawned, traded, sold or consigned to the licensee including brand name, serial and model numbers, pattern or type, engravings, size, color, markings, shape and any peculiarity likely to identify the property. In the case of firearms, that shall include the caliber, barrel length, type of action, and whether it is a pistol, rifle, or shotgun. In the case of watches, that shall include the name of the maker and the number of both the works and the case, if any. In the case of jewelry, that shall include a description of all letters and marks inscribed thereon and the color of any stone. If the article bought or received is furniture, or the contents of any house or room actually inspected by the licensee on the premises of the seller, pawner or consignee, a general record of the transaction shall be sufficient, and d. The price paid or the amount loaned, and e. A pawn, purchase or other number identifying the transaction and the merchandise it involves, and f. The identification number of the used goods dealer assigned by the Chief of Police; 2. Information identifying the person pawning, trading, selling, or consigning property to the licensee as follows: the name, date of birth, residence address, general physical description, signature, and a description of the identification presented by the person, consisting of two (2) corroborating pieces of identification including one (1) piece of current government issued picture identification or a valid motor vehicle operator's license number, and the name and residence address of the owner of the property pawned, traded, sold or consigned to the licensee, and the address of the place from which the property pawned, traded, sold or consigned to the licensee was last removed. B. For Scrap Metals. 1. Information identifying the transaction as follows: a. The name of the seller, b. The address of the seller, c. The signature of the seller, d. The date of the transaction, e. A description of the property purchased sufficient to enable the purchaser to associate the property purchased with the purchase transaction, f. The seller's driver's license number, and the number of his or her vehicle license, if either: i. The seller is not known to the purchaser as a regular customer identified in his records and the scrap metal sold remains in a discernable manufactured form, and has not been broken or fused into an amorphous state, or ii. The seller is a regular customer and delivers goods for which the commercial value would appear to be greater than the scrap value and there is no proof of authority to sell the type of goods delivered. The Director may approve recordkeeping systems that maintain the required information in any form that is useful to the City. (Ord. 115843, § 5, 1991; Ord. 110082, § 3, 1981; Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.080 Duty to report transactions.

6.288.080 - Duty to report transactions. A. Upon request, every used goods dealer shall furnish, to the Chief of Police, before noon of each day, and upon such forms as the Chief of Police may provide, a full, true and correct transcript of the record of all transactions made on the preceding day, kept pursuant to Section 6.288.070 of this chapter. B. The Chief of Police may determine that records regarding purchases of used goods from licensees are necessary to determine the flow of stolen goods in some or all segments of the used goods industry. In such a case, a used goods dealer shall record, and upon request, shall furnish to the Chief of Police, before noon of each day, the following information regarding a transaction in which goods are sold by, or otherwise acquired from, the licensee: 1. The date of the transaction; and 2. The name of the person conducting the transaction on behalf of the licensee or the identification number of such person; and 3. A description of the property acquired from the licensee including brand name, serial and model numbers, pattern or type, engravings, size, color, markings, shape and any peculiarity likely to identify the property. In the case of firearms, the information shall include the caliber, barrel length, type of action, and whether it is a pistol, rifle, or shotgun. In the case of watches, the information shall include the name of the maker and the number of both the works and the case, if any. In the case of jewelry, the information shall include a description of all letters and marks inscribed thereon and the color of any stone. If the article bought or received is furniture, or the contents of any house or room actually inspected by the licensee on the premises of the seller, pawner, or cosignee, a general record of the transaction shall be sufficient; and 4. The price paid or the amount loaned; and 5. A sale, or other number identifying the transaction and the merchandise it involves; and 6. The identification number of the used goods dealer assigned by the Chief of Police; and 7. The name and address of the person acquiring property from the used goods dealer. (Ord. 115843, § 6, 1991; Ord. 110082, § 4, 1981; Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.085 Computerized reporting of pawnshop information.

6.288.085 - Computerized reporting of pawnshop information. A. From and after the date called for by the phase-in schedule in subsection C, every pawnbroker except those exempted by operation of subsection D shall, before noon of each day, transmit to the Chief of Police by means of electronic transmission through a modem or similar device or by delivery of a computer disk, in such a format that the data are capable of direct electronic entry into the Seattle Police Department's computerized system for identifying and tracing lost, stolen, and sought-after property, the information Section 6.288.070 requires be recorded concerning all transactions in which the licensee received used goods the preceding day by pawn, trade, purchase, or consignment. B. The Chief of Police shall by rule adopted in accordance with the Administrative Code, Seattle Municipal Code Chapter 3.02, establish the format and requirements for the transmission of data and may by rule restrict the scope of the items that are to be electronically reported. A transaction reported by electronic transmission under subsection A shall not be reported on paper forms unless the Chief of Police so requests. Each pawnbroker shall pay a fee of Twenty-five Cents ($.25) per transaction required to be electronically reported if the electronic report transmitted to the Chief of Police is erroneous, duplicative, or in an incorrect or incompatible format, or if no electronic report of the transaction is transmitted. C. Pawnbrokers shall report their transactions electronically to the Chief of Police as required by subsections A and B from and after the following dates: 1. For each pawnshop for which a Pawnbroker endorsement is first obtained on or after the effective date of the ordinance codified in this section, effective upon commencing business or one month after the effective date of the initial rules adopted pursuant to subsection B, whichever is later; 2. For each pawnshop for which a Pawnbroker endorsement was first obtained before the effective date of the ordinance codified in this section that by the effective date of the ordinance codified in this section has adopted a computerized recordkeeping system for maintaining its own record of transactions, no later than one month after the effective date of the initial rules adopted pursuant to subsection B; 3. For each other pawnshop for which a Pawnbroker endorsement was first obtained before the effective date of the ordinance codified in this section, not later than January 1, 1995, or one month after the effective date of the initial rules adopted pursuant to subsection B, whichever is later. The Chief of Police may for good cause shown grant a pawnbroker an extension of the otherwise applicable deadline to a date not later than June 30, 1995. An extension may only be granted: upon written application by the pawnbroker; upon a showing that the pawnbroker is making satisfactory progress toward acquiring computer programs and equipment to make the necessary transmission; and upon agreement by the pawnbroker to pay to the City a fee of Twenty-five Cents ($.25) per transaction reported after the otherwise applicable deadline to offset the Seattle Police Department's costs in converting the data from paper format into electronic form. D. Pawnbrokers need not report electronically transactions taking place at a business location where the number of pawn transactions in no week exceeds ten (10) (calculated from each Monday through the next Sunday, inclusive). A pawnbroker reasonably believing a location at which he or she conducts a pawnshop qualifies under this subsection for exemption from computerized reporting and wishing to be exempt from the requirement of subsection A shall sign, under penalty of perjury, a declaration to that effect in a form developed by the Chief of Police, and once the declaration is signed, so long as the volume of transactions does not exceed ten (10) each week, pawn transactions taking place at that pawnshop need not be reported electronically, but the pawnbroker must comply in all respects with Sections 6.288.070 and 2.688.080, and must pay to the City the sum of Twenty-five Cents ($.25) per pawn transaction to offset the Seattle Police Department's costs in converting the data from paper format into electronic form, If, in any two (2) weeks in any consecutive three (3) month period, the number of pawn transactions at such a pawnshop exceeds ten (10), then the pawnbroker shall cease conducting pawn transactions at that business location until a computerized system is in place and pawn transactions are being reported electronically in compliance with subsections A, B, and C of this section. E. If, after establishing the format and requirements for the transmission of computerized reports of transactions, the Chief of Police alters the required format, pawnbrokers shall be given at least thirty (30) days to comply with the new format requirements. (Ord. 116924, § 7, 1993.)

Seattle Mun. Code § 6.288.090 Police seizures—Police holds—Duties and obligations.

6.288.090 - Police seizures—Police holds—Duties and obligations. A. In addition to retention of property required by this Code, any police officer of The City of Seattle, having probable cause to believe that any used good in the possession of a licensee is lost or stolen, may seize such item at any time. In the event of such a seizure, the used goods dealer shall be entitled to a written receipt for the item from the Seattle Police Department. B. In lieu of immediate seizure, a police officer may place a verbal "hold" upon the property. Written notice must be given within ten (10) business days and may be accomplished by making an entry upon the permanent record required by Section 6.288.070, indicating that such item is lost or stolen property. If written notice is not received by the used goods dealer within ten (10) business days from the date of the verbal hold the hold order will cease. C. In response to a hold order, the used goods dealer shall: 1. Tag or otherwise reasonably identify the item; 2. Hold it in a place on the business premises of the used goods dealer to which police officers shall have access at any time during the used goods dealer's regular business hours; 3. Keep the item safe from alteration, loss, damage, or commingling with other goods. D. No used goods dealer shall dispose of any item subject to a police hold in any manner for one hundred twenty (120) days; provided, that items subject to a police hold shall be surrendered to the Chief of Police upon request, or in compliance with a subpoena signed by the prosecutor, or in compliance with an order of a court of competent jurisdiction; or as directed in a written release signed by the Chief of Police. E. The used goods dealer shall give a twenty (20) day written notice before the expiration of the one-hundred-twenty (120) day holding period to the Chief of Police about the stolen property. If notice is not given within twenty (20) days, then the hold on the property shall continue for an additional one hundred twenty (120) days. The Chief of Police may renew the holding period for additional one-hundred-twenty (120) day periods as necessary. After receipt of notification from a used goods dealer, if an additional holding period is required, the Chief of Police shall give the used goods dealer written notice, prior to the expiration of the existing hold order. Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost. (Ord. 115843, § 7, 1991; Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.100 Retention of property.

6.288.100 - Retention of property. A. Any property, except scrap metal, bought or received in pledge by any used goods dealer shall be retained at his/her business premises within thirty (30) days after its receipt, except when acquired from another used goods licensee, or except when redeemed by the owner; B. Scrap metal obtained from a scrap metal hauler or other seller enumerated in Section 6.288.070 B1f(i) and (ii) shall be retained for a minimum of five (5) days, excluding Sundays, and national holidays; provided, that scrap metal purchased from another used goods licensee other than a scrap metal hauler, or a manufacturer, as defined by Chapter 5.30 of the Seattle Municipal Code, or a utility designated by Section 5.48.050 of the Seattle Municipal Code, or a government entity shall not be subject to a retention period. (Ord. 120668, § 32, 2001; Ord. 115843, § 8, 1991; Ord. 110082, § 5, 1981; Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.110 Inspection of records and goods.

6.288.110 - Inspection of records and goods. A. To protect the public from property losses that result when stolen goods circulate in the marketplace, it is necessary to make frequent, unannounced routine inspections of the licensed premises of used goods dealers, whose businesses have historically been subject to close regulation in order to control the flow of stolen property. B. The records required to be kept by Section 6.288.070 of this chapter, and the used goods subject to recording as provided by Section 6.288.010 of this chapter, shall be available during normal business hours, to the inspection of the Chief of Police or his/her designated representative; provided: 1. That such inspections shall be limited to the purpose of detecting stolen property moving through the public marketplace and determining compliance with this chapter; and 2. That only such records required by this chapter and goods covered by this chapter shall be inspected in the course of such frequent, unannounced routine inspections. C. Nothing in this section shall prohibit other lawful searches or inspection. (Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.120 Retention of goods—Rates of interest and other fees—Notice of rates must be posted.

6.288.120 - Retention of goods—Rates of interest and other fees—Notice of rates must be posted. A. No pawnbroker shall charge and receive interest and other fees in excess of the rates contained in RCW 19.60.060(1) for money loaned on the security of personal property actually received in pledge. B. The fee for the preparation of documents, pledges, or reports relating to loans or pledges and required or authorized under the laws of the United States of America, the State of Washington or the counties, cities, towns, or other political subdivisions thereof, shall not exceed the amounts set out in RCW 19.60.060(2). C. The fee for the care, maintenance, insurance relating to, preparation for storage of, and storage of personal property actually received in pledge, shall not exceed: 1. For precious jewels, jewelry, or other personal property having a value of One Hundred Dollars ($100.00) to Two Hundred Ninety-nine Dollars and Ninety-nine Cents ($299.99), an amount equal to one-tenth of one percent (.10%) of the value thereof as agreed upon in writing between the pledgor and the pledgee; 2. For precious jewels, jewelry, or other personal property having a value exceeding Three Hundred Dollars ($300.00), an amount equal to one-twelfth of one percent (.0833%) of the value thereof as agreed upon in writing between the pledgor and the pledgee. D. Fees under subsections B and C may be charged one (1) time only during the term of a loan as defined in RCW 19.60.010. No pawnbroker shall ask or receive a higher rate of interest or discount or other fees on any loan, or on any actual or pretended sales, or redemption of personal property, or sell any property held for redemption within sixty (60) days after the period for redemption has expired. E. A copy of this section, set in twelve (12) point type or larger, shall be posted prominently in each pawnbroker's licensed premises. F. A purchase of personal property shall not be made on the condition of selling it back at a stipulated time and price greater than the purchase price, for the purpose of avoiding the interest and fee restriction of this chapter. (Ord. 116924, § 5, 1993; Ord. 115843, § 9, 1991; Ord. 109818, § 1, 1981.)

Seattle Mun. Code § 6.288.130 Firearms dealer licenses required.

6.288.130 - Firearms dealer licenses required. Any used goods dealer who shall engage in the purchase or sale of firearms, or in the business of lending money upon a pledge or pawn of a firearm as security for payment or repayment, shall first obtain a dealer's license pursuant to RCW 9.41.110, where applicable, and a license from the United States as a dealer. (Ord. 116924, § 6, 1993.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT6BURE_SUBTITLE_IVNELICO_CH6.288USGODEFetched: 11/1/2026