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Bylaw No. 949-2000

Secondhand Goods Regulation By-law, 2000

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 1021-2001 and 2573-2016 . Last amended June 27, 2016

Contents
 1 Citation
 2 Interpretation
 3 Dealer's Register
 4 Inspection of Dealer's Register
 5 Alteration of Dealer's Register
 6 Daily report
 7 Licence required
 8 Place of business
 9 Hours of operation
 10 Purchase regulations
 11 Inspection of purchases
 12 Retention of purchases
 13 Dealers acting as Pawnbrokers
 14 Secondhand Goods purchased from Dealers
 15 Purchase of new goods
 16 Pawnbrokers
 17 Pawn extension
 18 Return of Pawns
 19 Right of entry
 20 Exemption - Non-Profit Societies
 21 Offences and penalties
 22 Repeals bylaw
Schedule "A"

The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:

Citation

1   By-law No. 949-2000 may be cited as "Secondhand Goods Regulation By-law, 2000".

Interpretation

2   In this by-law, unless the context otherwise requires:

"Antique Store" means any building used for the sale of any old and authentic objects of personal property which was made, fabricated or manufactured 50 or more years earlier and which has a unique appeal and enhanced value mainly because of its age, and, in addition, may include the sale of any article of personal property which was made, fabricated, or manufactured 20 years or more earlier and because of public demand has attained value in a recognized commercial market which is in excess of its original value;

"Auctioneer" means a Person gainfully employed in conducting a public sale in which articles are sold to the highest bidder;

"Authorized Identification" means any one or more of the following:

(a) valid Driver's Licence integrated with a photograph of the bearer;

(b) Provincial Identification Card issued to the bearer within five (5) years of the date it is produced by the bearer as evidence of identification;

(c) valid passport;

(d) any other form of Provincial or Federal identification;

"Chief Constable" means the Chief Constable of the City of Abbotsford Police Department or designate;

"City" means all of the area within the boundaries of the City of Abbotsford;

"Council" means the Council of the City of Abbotsford;

"Dealer" means and includes Junk Dealers, Junk Peddlers, Secondhand Dealers and Pawnbrokers;

"Dealer's Register" means a written record, in the form of Schedule "A" attached to, and forming part of, this by-law, which lists all transactions that have occurred at the Dealer's Place of Business, and is available from the Abbotsford Police Department;

"Inspector" means the Person duly appointed from time to time by Council as Business Licence Inspector or By-law Enforcement Officer for the City and any Person lawfully acting in that capacity;

"Junk" includes any of the following scrap, waste and used or old articles or things: rubber, tires, metal, bottles, glass, paper, sacks, wire, ropes, rags, machinery, or any other article or thing commonly found in a junk shop;

"Junk Dealer" or "Junk Peddler"

includes every Person carrying on the business of Purchasing or selling Junk; and a junk store or junk shop;

"Licence" means a valid and subsisting licence to carry on a business, trade, profession or other occupation issued under the City's Business Licence By-law, as amended;

"Non-Profit Society" means a registered charitable society or organization that is:

(a) incorporated and in good standing under the Society Act; and

(b) registered as such under the Income Tax Act of Canada and qualified to issue tax receipts to its donors;

"Pawn" means the Purchase or taking in of goods or chattels by way of security for money advanced on them;

"Pawnbroker" includes every Person, who carries on the trade or business of taking goods and chattels in Pawn, or keeps a store, shop or other premise for the purpose of carrying on such trade or business;

"Person" includes natural persons of either sex, associations, corporations and partnerships, whether acting by themselves, or by a servant, agent or employee;

"Place of Business" means and includes only those premises listed on a Licence;

"Pledge" means an article Pawned with a Pawnbroker;

"Purchase" includes buy, barter, deal in, take in exchange, take in part payment, take in as a Pawn or Pledge, or receive on consignment; "purchasing" and "purchased" shall be construed accordingly;

"Secondhand Dealer" means:

(a) every Person carrying on the trade or business of Purchasing or selling any Secondhand Goods, articles or things, or who keeps a store, shop or other premise for the purpose of carrying on such trade or business, including consignment stores; or

(b) every Person who, while licenced or required to obtain a Licence for any business, trade, profession or other occupation other than businesses referred to in this by-law, Purchases, receives, or stores, either as principal or agent, any Secondhand Goods, articles or things whatsoever; and

(c) every Person who is a Junk Dealer or Junk Peddler;

but does not include a Person who only buys or sells secondhand books, papers or magazines;

"Secondhand Goods" includes secondhand, used and pre-owned bicycles, jewellery, cameras, tools , furniture, clothing, books, musical instruments, recreational equipment, including audio or video equipment or accessories, computers, printers and fax machines, and Junk Purchased, sold, offered for sale, or taken in Pawn. Excludes Antiques Stores.

Dealer's Register

3   (a) Every Dealer shall keep a Dealer's Register of all Secondhand Goods, other than bottles, Purchased by the Dealer. Every Purchase shall be legibly printed in English in the Dealer's Register using ink at the time of, or immediately after such Purchase.

(b) Every record of a Purchase in the Dealer's Register shall include the following particulars:

(i) a full and complete description of, and any descriptive mark or name, on any Secondhand Goods Purchased, including make, model number, serial number, the gram weight of jewellery, or any engravings;

(ii) the price paid for such Secondhand Goods;

(iii) the precise date and hour of the Purchase of such Secondhand Goods;

(iv) the make, description, and the Provincial Licence Number of any motor vehicle used by the Person from whom such Secondhand Goods were Purchased, for the purpose of delivering the Secondhand Goods; and

(v) the name, date of birth, residence or street address and description of the Person from whom such Secondhand Goods were Purchased. The description of the Person shall include height, weight, eye colour, race, gender, and the type and number of Authorized Identification presented. Such information shall be compared to and recorded from the Person's Authorized Identification by the Dealer.

Inspection of Dealer's Register

4   (a) Every Dealer shall, at all reasonable times during business hours, produce the Dealer's Register for the inspection of the Chief Constable.

(b) The Dealer's Register may be removed at any time by the Chief Constable for inspection, or for use as evidence in Court.

(c) Immediately upon return of the Dealer's Register, the Dealer shall enter, in proper sequence, each and every Purchase by the Dealer of Secondhand Goods made during the absence of the Dealer's Register.

Alteration of Dealer's Register

5   (a) No Dealer shall permit any entry in the Dealer's Register to be erased, obliterated or defaced, or permit any page or other portion of the register to be removed.

(b) Every Dealer shall sequentially number each Purchase and each page in the Dealer's Register.

Daily report

6   (a) Every Dealer shall, daily before 9:30 a.m., deliver in person to the Chief Constable, a correct and legible copy of the Dealer's Register showing every good, article or thing Purchased by the Dealer during the twenty-four (24) hours immediately preceding the hour of 9:00 a.m. on the day on which the report is made.

(b) The copy of every Purchase from the Dealer's Register shall be signed by the Dealer, and shall include the name of the Dealer and all the particulars set forth in Section 3 (b) .

(c) Notwithstanding subsection (a) , a copy of the Dealer's Register shall not be required on Sundays or public holidays, but the report on Monday, and any day following a public holiday, shall cover the period subsequent to 9:00 a.m. of the day on which the preceding report was made.

(d) Subject to Section 4 (a) , every Dealer shall keep the Dealer's Register covering the preceding 24-month period, on the premises where the business is carried on.

Licence required

7   (a) No Person shall carry on, maintain, own or operate a business as a Dealer, unless and until the Person has a Licence.

(b) No Person licenced as a Dealer shall carry on such business except at the Place of Business designated in the Licence.

(c) If a Person licenced as a Dealer removes the business from the place designated in the Licence, such Person shall immediately provide notice in writing to the Licence Inspector, who shall alter the Licence accordingly.

Place of business

8   Dealers shall have their, or their business' name and address, painted legibly in English lettering on the front of the premises where the business is carried on and, if a vehicle or vessel is used in the carrying on of the business, then such name and address shall be legibly painted in English lettering on both sides of such vehicle or vessel.

Hours of operation

9   No Dealer shall Purchase any Secondhand Goods from any Person between the hours of 6:00 p.m. and 9:00 a.m. the next day.

Purchase regulations

10   (a) No Dealer shall Purchase any Secondhand Goods from any Person:

(i) under the age of 18 years;

(ii) not presenting Authorized Identification; or

(iii) who the Dealer knows is selling goods, articles or things for a Person under the age of 18 years, or for a Person who is not in possession of Authorized Identification.

(b) No Dealer shall Purchase Secondhand Goods where its serial number or other identifiable marking has been removed, altered or made unreadable.

Inspection of purchases

11   Upon demand by the Chief Constable, a Dealer shall present for view to such Person, any and every Secondhand Goods particularly demanded, that has been Purchased by the Dealer.

Retention of purchases

12   (a) No Dealer shall:

(i) alter, repair, dispose of, or in any manner part with any Secondhand Goods Purchased; or

(ii) allow any Secondhand Goods to be removed from the Place of Business or otherwise disposed of within 30 days from the date of Purchase.

(b) Until the expiration of the 30 days, such any Secondhand Goods shall be:

(i) segregated by the Dealer and kept apart from all other Secondhand Goods in the Place of Business; and

(ii) subject to inspection at any reasonable time during business hours by the Chief Constable, for the purpose of identifying Secondhand Goods reported or suspected of having been stolen.

(c) Notwithstanding the provisions of subsection (b) , the Chief Constable may, at any time, require any Dealer to hold any Secondhand Goods in their possession for a longer period than provided for in subsection (b) from the date of Purchase, in which case none of such Secondhand Goods, nor any part thereof, shall be disposed of or removed from the Place of Business by the Dealer without the prior consent in writing by the Chief Constable.

Dealers acting as Pawnbrokers

13   (a) No Person shall, while licenced as a Dealer, carry on business as a Pawnbroker unless such Person is licenced as a Pawnbroker, and no Person shall, while licenced as a Pawnbroker, carry on business as a Dealer unless such Person is licenced as a Dealer.

(b) Every Dealer who is licenced as a Pawnbroker shall keep all Secondhand Goods Purchased in the course of doing business as a Dealer, physically separate from Secondhand Goods left for Pawn, and shall ensure that they are clearly and individually tagged to indicate whether they were Purchased secondhand or left for Pawn.

Secondhand Goods purchased from Dealers

14   Where any Secondhand Goods are Purchased from a Dealer, the Dealer who Purchases the Secondhand Goods shall:

(a) record the Purchase of the Secondhand Goods in the Dealer's Register;

(b) report the Secondhand Goods to the Chief Constable; and

(c) hold the Secondhand Goods for a period of 30 days from the date of their Purchase by the Secondhand Dealer from the other Secondhand Dealer.

Purchase of new goods

15   Where any new goods, articles or things are Purchased by Dealers, they shall:

(a) record the Purchase of all new goods, articles and things in the Dealer's Register;

(b) report all new goods, articles and things to the Chief Constable; and

(c) upon request, produce a receipt for all new goods, articles and things at all reasonable times during business hours, for the inspection of the Chief Constable.

Pawnbrokers

16   No Pawnbroker shall employ any Person in the business unless such Person is eighteen (18) years of age or older.

B/L 1021-2001

Pawn extension

17   No Pawnbroker shall extend the expiration date of a Pawn or Pledge without production by the Pawner of a Pawn ticket, and no Pawnbroker shall change the name in which the Pawn is recorded in the Dealer's Register.

Return of Pawns

18   Within the 30 day retention period, established by Section 12 , no Pawnbroker shall return any Pledges to any Person unless that Person holds a copy of the Pawn receipt and produces Authorized Identification in compliance with this by-law. The information of the sale, including a full description of the item, name of Purchaser, date of birth, and address shall be recorded and kept on permanent record according to Section 3 (b) .

Right of entry

19   Every Dealer shall, at all reasonable times, permit the Chief Constable to enter into and inspect any Place of Business to ascertain whether the regulations and provisions of this by-law are being obeyed. Any Person who refuses entry shall be in violation of this by-law and shall be liable to the penalties hereby imposed.

Exemption - Non-Profit Societies

20   Every Non-Profit Society is exempt from the requirements of this by-law.

Offences and penalties

21   Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply:

(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;

(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in theBylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;

(c) a person who:

(i) contravenes, violates or fails to comply with any provision of this Bylaw;

(ii) suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or

(iii) fails or neglects to do anything required to be done under this Bylaw, is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and

(d) each day such infraction is caused, or allowed to continue, constitutes a separate offence.

B/L 2573-2016

Repeals bylaw

22   District of Matsqui By-law No. 647, "Second-hand Dealers, Junk Dealers and Auto Wreckers Regulation By-law", is hereby repealed.

READ A FIRST TIME on May 29, 2000 READ A SECOND TIME on May 29, 2000 READ A THIRD TIME on May 29, 2000 ADOPTED on June 12, 2000

Schedule "A"

City of Abbotsford - Dealer's Register

Business Name:

Address:

Dealer's Signature:

Pawn Receipt Number

Date/Time of Redemption

Item Description

Price Paid

Seller Name (print)

Seller Date of Birth

Photo ID Used & Details

Seller Address & Phone (print)

Vehicle Make, description, licence

Seller Signature