Below is a summary of the main dealer requirements. OCP has created this summary for informational purposes only. License applicants should review the laws to ensure compliance with all regulations.
Reporting Requirements (See § 44A-3. for full reporting requirements.)
· A dealer must keep all records and receipts for a minimum of one (1) year from the date of the latest recorded transaction.
· A dealer must keep an electronic record, in English, of each purchase or receipt by or on behalf of the dealer at the time of the transaction.
· A dealer must give the Police:
§ electronic notice of each transaction within 24 hours after the transaction; and
§ a copy of the written record of each transaction within 7 days after the transaction.
Retention of secondhand personal property (See § 44A-4. for complete retention requirements.)
· A dealer must retain all secondhand personal property purchased or received for 21 days after the record of the transaction is submitted to the Police.
· All secondhand personal property purchased or received by a dealer must be stored at the dealers business location until 21 days after the record of the transaction is submitted to the Police, or as required by the Police.
· The storage requirements do not apply to a consignee who:
§ operates from a fixed place of business;
§ complies with tagging requirements ; and
§ withholds payment for consignments for at least 30 days after each item is received.
Transactions involving minors prohibited.
A dealer must not buy or receive any secondhand personal property from a person under 18 years of age.
Inspection by police; release of stolen property ((See § 44A-7. for complete inspection requirements.)
· A dealer must allow the Police to examine the required records, examine any personal property purchased, received, or stored at the business location; and require retention for an additional 30 days after the storage retention period, of any property which the police know or believe to be missing or stolen.
· A dealer must release to the Police an item of secondhand personal property, other than a security or printed evidence of indebtedness, located at the dealers place of business if the Police have reasonable cause to believe that the item was stolen; the owner of the item or victim of the theft has positively identified the item; the owner of the item or the owners agent or designee has provided an affidavit of ownership; or the property is involved in an on-going criminal or administrative proceeding.
Payments by check.
A dealer must pay for each item of secondhand personal property by check, except as permitted.
Reporting changes to information.
If, during any license year, there is a change in the information that a person gave in obtaining or renewing a license, the person must report the change to the Office of Consumer Protection within 30 days after the change occurs and certify that the information given is correct under the penalties of perjury.