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The City of Portland, Oregon

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City of Portland

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14B.90.020 Definitions.

(Amended by Ordinance Nos. 186746 and 188976, effective June 29, 2018.)  As used in this Chapter, unless the context requires otherwise:

A. "Acceptable Identification" means either:

1.  A current driver’s license or a State of Oregon Identification Card issued by the Department of Motor Vehicles; or

2.  Two current United States, state or local government-issued identification cards, one of which has a photograph of the Seller; or

3.  One of the following, when the transaction report includes the Seller’s thumbprint:

a.  A current United States, state, or local government-issued identification card which has a photograph of the Seller; or

b.  A current passport from any country; or

c.  A current Consulate Identity Card.

B.  "Acquire" means to take or transfer any interest in personal property in a voluntary transaction, including but not limited to: sales; consignments; memoranda between a Dealer and a private party Seller; leases; trade-ins; loans; and abandonments. Any acquisition of Regulated Property by a Dealer will be presumed to be an acquisition on behalf of the Secondhand Dealer business. Notwithstanding the foregoing, "acquire" does not include:

1.  Any loans made in compliance with state laws by Persons licensed as Pawnbrokers by the State of Oregon; or

2.  Memoranda between a Dealer and a Person engaged in the business of selling Regulated Property.

C.  "Business Location" means any physical location where the Dealer conducts business.

D.  "Chief of Police" means the Chief of the Portland Police Bureau or designee.

E.  "Consulate Identity Card" means a Mexican Matricula Consular issued after 2014 or an identity card issued by a foreign consulate located in the United States with an application process and cards that meet the following criteria:

1.  The applicant must be a citizen of the country served by the consulate and must apply for the card in person; and

2.  In addition to fingerprints and digital photographs, the applicant must provide:

a.  A birth certificate from the country served by the consulate; and

b.  An official identification from that country, such as a voter identification card; and

c.  Proof of address within the issuing consulate’s consular district.

3.  The consulate’s identification database must be linked to a national security database in the home country; and

4.  The issuance of the consulate identification card is supported by a centralized system to avoid duplications and confirm the authenticity of required documents and information; and

5.  Consulates must have access to an electronic consular identification database.

6.  The identity cards must be printed on plastic and incorporate security features including but not limited to:

a.  Visible and invisible marks;

b.  A background design with high quality print and micro test frames;

c.  Text with different colors of ink;

d.  Embedded identity data on a cryptographic chip;

e.  A clear photograph;

f.  A laser engraved unique card number.

A Dealer should contact the Portland Police Bureau if there are questions about whether an identity card from a country other than Mexico will serve as Acceptable Identification for Secondhand transactions.

F.  "Criminal Arrests or Convictions" refers to any offense defined by the statutes of the State of Oregon or ordinances of the City of Portland, unless otherwise specified. Any arrest or conviction for conduct other than that denoted by the statutes of the State of Oregon or ordinances of the City of Portland, as specified herein, will be considered to be equivalent to one of such offenses if the elements of such offense for which the Person was arrested or convicted would have constituted one of the above offenses under the applicable Oregon statutes or Portland ordinance provisions.

G.  "Dealer".

1.  Means any:

a.  Sole proprietorship, partnership, limited partnership, family limited partnership, joint venture, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, limited liability partnership or any other form of organization for doing business and that:

b.  Either:

(1)  Acquires Regulated Property at or from Business Locations within the City of Portland, or on behalf of such a business regardless of where the acquisition occurs, or

(2)  Offers for sale Regulated Property.

2.  Dealers that acquire or offer for sale not more than 50 items of Regulated Property in any one-year period will be categorized as an "Occasional Secondhand Dealer." The term "Dealer" in this Chapter and all regulations herein refer to Secondhand Dealers, Occasional Secondhand Dealers and Pawnbrokers unless specifically stated otherwise.

3.  "Dealer" does not include:

a.  A business whose acquisitions of Regulated Property consist exclusively of donated items and/or purchases from 501(c)3 organizations; or

b.  A Person whose only business transactions with Regulated Property in the City of Portland consist of the sale of personal property acquired for household or other personal use; or

c.  A Person whose only business transactions with Regulated Property in the City of Portland consist of a display space, booth, or table maintained for displaying or selling merchandise at any Trade Show, convention, festival, fair, circus, market, flea market, swap meet or similar event for less than 14 days in any calendar year.

H.  "Director" means the Director of the Bureau of Revenue and Financial Services Revenue Division or designee.

I.  "Held Property" means any Regulated Property that cannot be sold, dismantled or otherwise disposed of for a proscribed period of time as more specifically enumerated in 14B.90.090.

J.  "Investment Purposes" means the purchase of personal property by businesses and the retention of that property in the same form as purchased, for resale to persons who are purchasing the property primarily as an investment.

K.  "Medication" means any substance or preparation, prescription or over-the-counter, used in treating or caring for ailments and/or conditions in humans or animals.

L.  "New" means anything conspicuously not Used.

M.  "Pawnbroker" means any business required by Oregon Revised Statute 726.040 to hold an Oregon Pawnbroker's license. Pawnbrokers are required by Chapter 14B.90 to have a Secondhand Dealer Permit. As a Dealer, all transactions occurring within their business (loans, buys, or consignments) are subject to all requirements within this Chapter unless otherwise stated.

N.  "Person" means a natural Person.

O.  "Principal" means any Person who will be directly engaged or employed in the management or operation of the Secondhand Dealer business, including any owners and any shareholders with a 5 percent or greater interest in the company.

P.  "RAPID" means the Regional Automated Property Information Database, which is used by Dealers to report acquisitions of Regulated Property to the Police Bureau.

Q.  "Receive" means to take property into the inventory, possession, or control of a Dealer.

R.  "Registered Business" means an entity that is:

1.  Registered with the Oregon Secretary of State Corporation Division or its equivalent in the state where the business is located; and

2.  Compliant with the City of Portland Tax Division business registration requirements.

S.  "Regulated Property" means property of a type that has been determined by the Portland Police Bureau to be property that is frequently the subject of theft, including New items as defined in Section 14B.90.020 as well as Used items such as precious metals, precious gems, watches, sterling silver, electronic equipment, photography equipment, tools, musical instruments and cases, firearms, sporting equipment, and household appliances. A list of Regulated Property is included in the Administrative Rules and may be updated at any time in order to enhance the Bureau's ability to reduce property crimes and recover stolen goods.

T.  "Remanufactured" means that an item has been altered to the degree that the main components are no longer identifiable as the original item.

U.  "Seller" means any Person who:

1.  Offers items of Regulated Property in exchange for money or other property; or as collateral for a loan; or

2.  Donates or abandons items of Regulated Property.

V.  "Trade Show" means an event open to the public, held in a venue other than a Dealer’s Business Location, at which vendors of a specific type of merchandise may exhibit, buy, sell, or trade items that may include Regulated Property.

Events commonly known as flea markets or swap meets, in which goods of many types are exhibited, sold or traded, are not considered Trade Shows for the purpose of this Chapter.

W.  "Transaction Report" means the record of the information required by 14B.90.080, transmitted to the Police Bureau by the means required in the Administrative Rules.

X.  "Used" means anything that has been put into action or service.