This by-law is being provided for information purposes only. To recieve a copy of the original by-law, please contact Legislative Services at clerk@collingwood.ca.
By-law No. 2010-064 Schedule D: Sale of Second Hand Goods
The Corporation of the Town of Collingwood
Applicable to: Every person who carries on the business operating primarily as a
dealer in specified second-hand goods.
Definitions:
"Chief" means the Detachment Commander or his/her designate for the Collingwood Ontario Provincial Police;
"Dealer in specified second-hand goods" includes a person who goes from house to house or along highways for the purpose of collecting, purchasing or obtaining second hand goods, or a person operating a business out of premises within the Town, of which any part of the business includes the sale, purchase, barter, exchange or acquisition in any way of goods from any person for the purpose of resale or the advancing or obtaining of any valuable consideration.
"Salvage yard" includes an automobile wrecking yard or premises;
"Specified second-hand goods" includes bicycles, jewellery, electronic equipment, musical instruments, artwork, skiis, snowboards, construction equipment, high end tools, generators and any other similar article purchased or obtained for the purpose of sale, resale, advancing or obtaining of any valuable consideration.
"Service" means the Collingwood Ontario Provincial Police detachment.
Exemptions: Charitable or not-for-profit organizations selling specified secondhand goods, and excludes yard sales and garage sales. Consignment goods are excluded from the provisions of this by-law.
Licence Fee: Provided for in the Fees and Service Charges By-law.
Application is circulated to:
- Municipal Law Enforcement
- Collingwood Fire Department
- Ontario Provincial Police
- Building Services
- Planning Services
Special Conditions: In addition to the General Regulations set out in Part 4 of this By-law, the following special conditions apply to every dealer of specified Second-hand goods:
- A complete application together with appropriate insurance requirements, and payment of the prescribed fee.
- Every location operated under this By-law shall have a separate licence.
- No person, firm or corporation shall operate a specified secondhand goods shop or deal in specified second-hand goods without first having obtained a licence. Before a licence is issued under this By-law, an Officer may verify with the Collingwood Fire Department and the Simcoe County Health Unit, if the location is suitable for operating a business as described in this By-law.
- No business subject to the provisions of this By-law shall be conducted in such a manner as to be a public or private nuisance.
- No operator or proprietor of a business subject to the provisions of this By-law shall directly or indirectly purchase from, exchange with, receive from, or receive in pledge from any minor, apparently under the age of eighteen (18) years, without written authority from a parent or guardian of such minor, any metals, goods or articles.
- No person licensed under this By-law shall alter, repair, dispose of or in any way part with any goods or articles purchased or taken in exchange until after the expiration of thirty (30) days, from the date of purchase or such exchange. During these thirty (30) days the goods or articles so obtained shall remain on the premises in respect to which the licence is issued and shall be kept in a separate location from previously purchased articles. The articles may be subject to inspection at any time during business hours by any police officer, who may be accompanied by such other person as in his/her judgement may be necessary for the identification of goods reported or suspected of having been stolen.
- Every person licensed under this By-law shall maintain a record of all goods purchased or taken in exchange or otherwise obtained, either at the licensee's place of business or elsewhere. The entry must be made at the time of purchase, including a full description of the article or articles, the make, model and serial number where applicable, the price paid therefore, and the name, address and description of the person from whom the purchase was made which is sufficient to identify such persons and shall include sex, approximate age, weight, height and complexion, as well as any visible identifying marks. In entering bicycles, the manufacturer's name and the serial number shall in every case be recorded.
- Every person licensed under this By-law shall provide a copy of any record to a police officer upon demand and shall deliver a copy of weekly records to the Service at the end of each business week.
- Where the person licensed under this By-law has reasonable cause to believe or suspect that an article offered for sale or trade has been stolen or otherwise unlawfully obtained, he/she shall forthwith report the matter to the Service.
- The record mentioned in item 10 above shall be open to inspection by any police officer at all times during business hours, and may be removed at any time by any such officer to the Service for inspection there, or for use in the courts, if necessary.