D.C. Mun. Regs. tit. 16, r. 16-1003

Current through Register 71, No. 45, November 7, 2024

Rule 16-1003 - OTHER RESTRICTIONS AND REQUIREMENTS

1003.1

A Class C secondhand dealer who purchases or receives secondhand personal property on consignment must pay only in the form of check and only after at least sixty (60) days from the date on which the property is received.

1003.2

No junk dealer, Class A, or Class C secondhand dealer shall purchase or receive any article of secondhand personal property from a minor unless the minor's parent or legal guardian is physically present during the transaction, consents in writing to the transaction, and presents the identification required in this chapter.

1003.3

Nothing in § 1001, § 1002, or this section shall apply to any of the following:

(a) [RESERVED];

(b) The receipt of articles of secondhand personal property which are received as donations by Class C dealers;

(c) The purchase or receipt of articles of secondhand personal property by Class C secondhand dealers, except the purchase or receipt of items listed in § 1003.7;

(d) The purchase or receipt of articles of secondhand personal property from the United States or District of Columbia governments; or

(e) Except as otherwise provided by § 1013, the purchase or receipt of bona fide coins or stamps issued by or for a government.

1003.4

Junk dealers, Class A, and Class C dealers shall be exempt from the provisions of § 1002 if purchasing or receiving articles of secondhand personal property from a licensed auctioneer.

1003.5

A Class C secondhand dealer operating to any extent on a consignment basis, must submit an annual report to the Director which verifies the consignment purchase conditions.

1003.6

A Class C secondhand dealer which is a charitable, nonprofit organization, as defined in§ 501(c)(3) of the Internal Revenue Code of 1954, shall submit an annual report to the Director which verifies that status.

1003.7

Each licensee shall secure the name and address of the person purchasing or otherwise acquiring any of the following items:

(a) [RESERVED];

(b) Cameras, cell phones, computers, laptops, or any other type of portable electronic communications device;

(c) [RESERVED];

(d) Furs;

(e) Household appliances;

(f) Jewelry, or other items composed of or manufactured in whole or in significant part of a precious metal, as defined in§ 1002.1;

(g) Musical instruments;

(h) Office machines and equipment;

(i) Televisions or personal entertainment devices such as Playstation, Xbox, Wii, or similar products;

(j) Watches; and

(k) Any item other than those listed in this subsection, having a retail sales value of one hundred dollars ($100) or more.

1003.8

All records made under § 1003.7 shall be maintained by the dealer at the dealer's place of business for a period of not less than one (1) year after the date the property is sold or disposed of in any manner.

D.C. Mun. Regs. tit. 16, r. 16-1003

Sections 1(b) and (c) of Article 1 of the Police Regulations; as enacted by § 1 of Commissioners' Order 332803 promulgated October 17, 1933; as further amended by §§2(b) and (c) of the Secondhand Dealers Regulations and Rental Housing Act of 1980 Clarification Act of 1981, D.C. Law 4-15, 28 DCR 2255, 2259, 2261 through 2264 (May 22, 1981); as amended by Final Rulemaking published at 59 DCR 11001, 11003 (September 21, 2012); as Amended by Final Rulemaking published at 61 DCR 12210 (November 28, 2014)

Authority: The Director of the Department of Consumer and Regulatory Affairs, pursuant to the authority set forth in D.C. Official Code § 47-2837 (2005 Repl.) and D.C Official Code §§ 47-2851.03 a(h) and 47-2851.20 (2005 Repl.)).