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All licensees to whom this article applies shall be subject to the following conditions:

A. Retention: It shall be unlawful for any licensee hereunder to dispose of or alter any items received in the course of business activity hereunder for a period of thirty (30) days from the date of receiving such items, unless expressly permitted to do so by the police department. Such items received shall be available for inspection by any police officer during reasonable business hours while in the licensee’s possession or control. Upon reasonable request by the police department, any item received by the licensee must be retained and held until released by the police department or placed in the custody of that department to be held as evidence.

B. Records Maintained:

1. It shall be unlawful for any person licensed by this article to fail to keep upon the licensed premises a record in which shall be entered at the time of receiving any item an accurate description of the article received, including serial numbers if available, the amount of any money paid or value of property traded, the date of receiving such items, the name, address and description of the person making the transaction, and a numerical identifier obtained from identification containing a photograph of the person making the transaction. The person presenting the identification must be the same person whose photograph appears upon the identification. The date of sale, disposal or scrapping of the item shall be added when the item is sold, scrapped or otherwise disposed of.

2. All record entries shall be made in a legible manner. The records required to be maintained by this subsection shall be maintained by the business for a period of two (2) years from the day of the transaction. The police department shall be permitted to have access, during business hours, to all premises licensed under this article for the purpose of inspection of such premises and records. The police department shall have the right to either remove records temporarily for the purpose of copying, or require the licensee to provide a copy of such entries as may be required by that agency.

C. Dealing With Specific Persons; Altered Or Defaced Items: It shall be unlawful for any licensee under this article, or any employee of such licensee, to receive any items from a person who is under eighteen (18) years of age, or who is either intoxicated or obviously mentally deficient. It shall also be unlawful to receive any item which has obviously had the manufacturer’s serial number or an owner’s personal identification mark altered, defaced or purposely mutilated or removed.

D. Liability: The holder of a license under this article is strictly liable for any and all acts of his or her employees and for any violation by them of any provisions of this article. (Ord. 4-3-1998, 4-16-1998; amd. 2003 Code)

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