Wichita Charter Ordinance No. 238

in effect

CHARTER ORDINANCE NO. 238 A CHARTER ORDINANCE AMENDING SECTIONS 1, 3 AND 4 CHARTER ORDINANCE NO. 233 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO SECONDHAND DEALERS AND REPEALING THE ORIGINALS OF SAID SECTIONS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1: The original of Section 1 of Charter Ordinance No. 233 is hereby amended to read as follows: "SECTION 2. Definitions. As used in this ordinance, the following terms shall have the meanings indicated in this section: (a) "Automated kiosk" means an interactive device that is installed within a secure retail space and that has the following technological functions: (1) The kiosk is monitored remotely by a live representative during all business hours of operation. (2) A seller's identity must be verified at the time of any transaction by requiring the seller produce identification consisting of a valid driver's license that includes the expiration date and the state where such license is issued. In the event the seller has no driver's license, a valid identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified may be used. At all times, one piece of current government issued picture identification will be required. (3) The kiosk provides secure storage of goods accepted. (4) The kiosk is equipped to capture and store images during any transaction. (5) The kiosk is equipped to electronically report all transactions to the Wichita Police Department. (b) "Electronic Serial Number" or "ESN" means a number that uniquely identifies a mobile electronic device. (c) "International Mobile Equipment Identifier" or "IMEI" means a number that uniquely identifies a mobile electronic device. (d) "Pawnbroker" means any person who loans money on deposit or pledge of personal property or other valuable item, other than intangible personal property, or who deals in the purchase of personal property on condition of selling the same back again at a stipulated price, or the employee of such persons, but such terms shall not include any person operating under the supervision of the State Banking Commissioner, Credit Union Administrator or the Consumer Credit Commissioner of this state. (e) "Person" means any individual, firm, company, partnership, corporation or association. (f) "Precious metal" means gold, silver or platinum group metals or any used articles or other used personal property containing such metals, but shall not include coins purchased for their numismatic value rather than their metal content or ingots or other industrial residue or byproducts composed of such metals purchased from manufacturing firms. (g) "Precious metal dealer" means any person who engages in the business of purchasing precious metal for the purpose of reselling such metal in any form or the employee of such person. (h) "Secondhand" means previously owned by a member of the general public prior to the transaction at hand. It does not include property previously owned by a wholesaler, retailer, or another secondhand dealer. (i) "Secondhand dealer" means any person, firm, company, partnership, association, or corporation or their employee engaged in the business of buying, selling, trading, exchanging or otherwise dealing in secondhand merchandise of any sort or description, whether or not he or she deals in other goods and regardless of where goods are bought, except the term shall not include the following persons: (1) Persons whose dealership in secondhand merchandise is limited exclusively to antiques, books, magazines, handbills, collectibles, toys, and/or posters; (2) Grocers or other persons primarily engaged in the business of the retail sale of food who purchase recyclable food and beverage containers for resale; (3) Persons who only obtain such merchandise incidental to the making of a new sale, provided however that this exception shall not apply to retailers who obtain firearms of any kind incidental to the making of a new sale; (4) Persons who are licensed as pawnbrokers as defined herein; (5) Persons whose dealership in secondhand merchandise is limited exclusively to precious metals and who are licensed as Precious Metal Dealers as defined herein; (6) Persons who are licensed as scrap processors as defined in Title 3 of the Code of the City of Wichita; (7) Charitable institutions which receive used merchandise for resale; (8) Persons whose dealership in secondhand merchandise is limited exclusively to clothing, clothing accessories, costume jewelry, apparel, military surplus, dishes, linens, textiles, home appliances, and/or furniture; (9) Persons whose dealership in secondhand merchandise is limited exclusively to cassette tapes, compact discs, phonograph records, VHS, BETA and DVD videotapes and/or computer software; and (10) Persons whose dealership in secondhand merchandise is limited exclusively to heavy industrial equipment, motor vehicles and/or motor vehicle parts, components and/or accessories." SECTION 2: The original of Section 3 of Charter Ordinance No. 233 is hereby amended to read as follows: "SECTION 20. Secondhand Dealers and Precious Metal Dealers: Records to be kept: (a) It shall be the duty of every secondhand dealer and precious metal dealer to maintain at his/her place of business a book, register or other permanent record, in which shall be legibly printed, lettered or typed, by the dealer or his/her employee, in the English language, at the time of such consignment, purchase, trade or receipt of any item, a record thereof containing the information listed in Subsections (1) through (7) of this Section. Such entries shall be made at the time of purchase or receipt of such property. All such records shall be made on forms approved by the Wichita Police Department. Entries shall not, in any manner, be erased, obliterated or defaced. (1) The time and date of the transaction; (2) The name of the employee conducting the transaction and the manager or owner on duty; (3) The full legal name, (first, middle and last), date of birth, sex, height, weight, race, and address (which shall include the street address, and not merely a post office box number) of the person selling, trading or leaving the property; (4) The type and identifying numbers of identification presented at the time of the transaction by the person with whom the transaction was made. Such identification shall include a valid driver's license with expiration date, including the state where such license is issued, or, in the event such person has no driver's license, a valid identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, one piece of current government issued picture identification will be required. (5) A detailed description of the property bought or received in pledge, including brand name; serial number, model number, title or name; engravings, size, pattern, color, markings and shape, the caliber, barrel length, and type of action of any firearm and whether it is a pistol, rifle or shotgun and any peculiarity likely to identify the property. The description of jewelry shall include the type of metal employed, all letters and marks inscribed thereon, and the weight and size and gemstone description, including the number of stones; (6) The price paid; and (7) A signed statement that the person is the legal owner of the item or is an agent of the legal owner who is authorized to sell or trade such item and stating the length of ownership of the item. If the owner's agent is pawning, pledging, selling or trading the item, the owner's name and address shall be provided at the time of the transaction. After July 1, 2021, in addition to the requirements set forth above, every secondhand dealer (other than those secondhand dealers that qualify as an automated kiosk, which are subject to the additional requirements described below) shall obtain a photographic image or video of the seller, sufficiently clear to allow the seller to be identified, and shall obtain a photographic or scanned image of the identification card of the seller, sufficiently clear to allow the information of the identification card to be read. After July 1, 2021, in addition to the requirements set forth above, every precious metal dealer and every automated kiosk shall obtain a digital scan of the seller's thumb and if the thumb is missing, the fingerprint shall be taken from the index finger, and shall obtain a photographic or scanned image of the identification card of the seller, sufficiently clear to allow the information of the identification card to be read. (b) It shall be the duty of every precious metal dealer and secondhand dealer to furnish a full, true and correct transcript of the record of all transactions on the preceding day except those between dealers licensed under this ordinance, to the Wichita Police Department or its designee. These transactions shall be submitted electronically on such forms in such format as may be required by the Chief of Police or his designee. Such information must be transmitted to the Wichita Police Department or its designee no later than 5:00 p.m. on the next business day. If an Electronic Serial Number (ESN) or International Mobile Equipment Identifier (IMEI) is not readily accessible at the time of the transaction, secondhand dealers shall report the Electronic Serial Number no later than ten business days from the date of the transaction. The holding period as set forth in this ordinance shall not begin until all required EMS and IMEI numbers have been properly reported. In the event the City has entered into a contract for an electronic reporting system of transactions, it shall be the exclusive means by which such transactions are to be reported to the department. Every precious metal dealer and secondhand dealer shall operate and maintain a computer system with internet access and photographic capability sufficient to meet the reporting requirements set forth above. Any failure or malfunction of such equipment on the part of the dealer shall not exempt the dealer from the recording and reporting requirements of this section. The dealer shall immediately notify the police department of any such failure or malfunction and shall have such failure resolved as soon as practicable, but not less than two business days. (c) All records required by this Section, including those submitted electronically, shall be maintained by the dealer at the dealer's place of business for not less than two (2) years following the date of the transaction. (d) Exception, the following types of property and/or transactions are not subject to the reporting requirements of this section: (1) Recyclable food and beverage containers, and other recyclable plastic, glass, or metal containers. (2) Newsprint or newspapers. (3) Transactions involving the purchase of antiques, books, magazines, handbills, collectibles, toys, and/or posters. (4) Transactions involving the purchase of clothing, clothing accessories, costume jewelry, apparel, military surplus, dishes, linens, textiles, home appliances, and/or furniture. (5) Transactions involving the purchase of photographic film, including lithographic and x-ray film for reprocessing. (6) Transactions between dealers licensed pursuant to this ordinance. (7) Transactions involving materials purchased from a regulated public utility. (8) Where precious metals are acquired from another licensee licensed hereunder or licensed by the State of Kansas where the other licensee has made the reports required by this section or by the State of Kansas with respect to such precious metal. (9) Where precious metals are acquired from another licensee who is licensed in this state in a transaction involving the purchase or other acquisition. (10) Where precious metals are acquired from another person licensed as a precious metal dealer who is licensed in this state in a transaction involving the purchase or other acquisition from the other licensee of his or her stock in trade, or a substantial part thereof in bulk, where the other precious metal dealer has made the reports required by this section with respect to such precious metals. (11) Where precious metals are acquired by a licensee incidental to a new sale where the precious metals being traded in were sold by the licensee to the person trading such precious metals on new merchandise. (12) Where jewelry is in the possession of the licensee for purposes of being repaired. The term repair means to restore to the same condition or modification of any item of jewelry. (e) Reports made pursuant to this Section shall be available for inspection only by law enforcement officers, City, County and District Attorneys and their employees, for law enforcement purposes. (f) Where used consumer cellular phones or electronic devices are sold, traded, exchanged or involved in any other transaction and such devices are received through the use of an automated kiosk, such property and/or transaction is not subject to the reporting requirements of Subsection (a) if: (1) As a part of the record of the transaction, the following information is documented: the date, time and place of the transaction; the legal name, date of birth, residence and phone number of the seller; a detailed description of the device or devices, including the brand name, color, model number, title or name, size, markings, serial number and/or any other identifying number; the amount paid for the device or devices, and the employee or live representative remotely handling the transaction. Such records shall be submitted to the Wichita Police Department within twenty-four (24) hours after receipt of the consumer cellular phone or electronic device in a manner designated by the Wichita Police Department. All information submitted under this subsection shall be kept confidential for law enforcement use only and shall not be a public record. Such records must be retained by the business operating the automated kiosk for a period not less than two (2) years following the date of the transaction. (2) At the time of the transaction, in order to accept the used consumer cellular phones or electronic device, the business will cross-reference the identifying features of the device in a national lost and stolen database and will refuse to accept any device that has been recorded as lost or stolen in the database." SECTION 3: The original of Section 4 of Charter Ordinance No. 233 is hereby amended to read as follows: "SECTION 21. Secondhand Dealers and Precious Metal Dealers. Items acquired to be held: (a) Every secondhand dealer and precious metal dealer shall segregate the property purchased or received from the property purchased or received from other sellers and attach to the property or to the container in which the property is held a tag indicating the name of the seller and the date on which the property was purchased or received. Further, every secondhand dealer and precious metal dealer shall retain possession of the purchased property at the licensed premises and withhold the property from resale or salvage use for fourteen (14) calendar days from the date of the transaction and shall make the purchased property available for inspection at his/her place of business by any police officer or other official designated by the chief of police during regular business hours while in his/her possession. However, the provisions of this section do not apply to property or transactions designated in Section 20(d) as being exempt from the reporting requirements. (b) When a police officer has reasonable cause to believe that any property received by a secondhand dealer or precious metal dealer is stolen, the police officer may place a hold notice upon the property. All property upon which a hold notice has been placed must be held by the dealer at the local place of business for sixty (60) calendar days unless released sooner by authority of the Police Chief or his designee. After sixty (60) calendar days, unless other disposition is authorized by the Police Chief or his designee, the hold is automatically released and the secondhand dealer, or precious metal dealer may dispose of the property. (c) The holding requirements of Subsection (a) shall not apply to phonographic records, cassette tapes, compact discs or video games when such items are not purchased, traded, pawned or sold in conjunction with an operation system or stereo equipment. Items which are sold, purchased, traded or pawned during any normal business day to or from the same individual shall be considered "sold in conjunction" for the holding requirements in this section. (d) The holding requirements of Subsection (a) shall not apply to used consumer cellular phones or electronic devices that are sold, traded, exchanged or involved in any other transaction and such devices are received through the use of an automated kiosk, if: (1) Such devices received are shipped to a secure off-site location as approved by the Chief of the Wichita Police Department or the Chief's designee. Devices shipped under this subsection must be held for thirty (30) calendar days after submitting the complete report required in Section 20(f)(a) to the Wichita Police Department, subject to return and inspection by any officer of the Wichita Police Department upon request. The off-site location may be located outside of the City of Wichita and/or the State of Kansas. (2) The licensee shall comply within twenty-four (24) hours with a request from the Wichita Police Department to open the automated kiosk to allow officers the opportunity to inspect any device within such kiosk or to review any recorded data therein. (3) Any items found to be recorded as stolen or otherwise subject to a civil or criminal investigation must be shipped to any requesting law enforcement officer with all shipping costs to be borne by the secondhand goods dealer." SECTION 4. The originals of Sections 1, 3 and 4 of Charter Ordinance No. 233 are hereby repealed. SECTION 5. This Charter Ordinance shall be published once each week for two consecutive weeks in the official City paper. SECTION 6. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication, unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon. PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof, this 16th day of May, 2023. /s/ Brandon Whipple Mayor ATTEST: /s/ Jamie Buster City Clerk Approved as to Form: /s/ Jennifer L. Magaña City Attorney and Director of Law

Source: City of Wichita, Kansas, Code of the City of Wichita and Charter Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ks/wichita/codes/code_of_ordinances?nodeId=CHOR_CHTR_ORDINANCE_NO._238Fetched: 11/1/2026