In this subtitle, the following words have the meanings indicated.
“Antique dealer” means any person engaged in the business of buying for resale, trade, or transfer personal property that has special value because of its age, including but not limited to paintings, clothing, furniture, glass, ceramics, rugs, silverware, carvings, sculpture, and other moveable personal property, excluding motor vehicles, records, tapes, compact discs, and books.
“Consignment goods dealer” means any person receiving consignment goods for the purpose of selling them.
“Consignment goods” includes all categories of moveable personal property enumerated in subsections (b) and (f) of this section.
“Dealer” means any:second-hand personal property dealer;
antique dealer; or
consignment goods dealer.
“Second-hand personal property dealer” means any person engaged in the business of buying for resale, trade, or transfer used or previously owned property or merchandise, including, but not limited to, clothes, furniture, household items, and other moveable personal property, excluding motor vehicles, records, tapes, compact discs, and books.
“Transfer” means to purchase, sell, trade, consign, or otherwise exchange personal property or merchandise for consideration.
City Code, 1976/83, art. 19, §48A
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Ord. 22-125
This subtitle does not apply to:any person licensed as a pawnbroker under Subtitle 11 of <cite data-path="|2">this article</cite>; or
any person licensed as a scrap metal dealer under Subtitle 8 of <cite data-path="|2">this article</cite>.
This subtitle does not apply to any dealer that is exempt from taxation under § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code.
City Code, 1976/83, art. 19, §48J(a), (b)
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Ord. 01-243
Ord. 10-389
Except as provided in <cite data-path="|2|§12-4">§ 12-4 of this subtitle</cite>, each person conducting business as a second-hand personal property dealer, antique dealer, or consignment goods dealer within the City of Baltimore shall pay for the privilege of conducting that business by first taking out an annual license and paying an annual license fee in the amount of $50 for each place of business.
The license shall be issued by the Director of the Department of Consumer Protection and Business Licensing.
The annual license fee shall be collectible pursuant to <cite data-path="|15">Article 15</cite>, Subtitles 46 and 47 of this Code.
City Code, 1976/83, art. 19, §48I(a)
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In this section, “cooperative” means:a facility that is owned and operated for the benefit of, and that provides space, clerical services, or other support services at a single location for, 2 or more dealers; or
any group of contiguous stores or outlets that are owned and operated as a single establishment.
Subject to the rules and regulations of the Police Commissioner and the Department of Consumer Protection and Business Licensing, including provision for identifying member dealers as they change from time to time, the owner or operator of a cooperative may obtain 1 master license to cover all member dealers in the cooperative.
This master license fulfills the license requirements for all dealers who have been identified to the Police Commissioner and the Department of Consumer Protection and Business Licensingas members of the cooperative.
Member dealers remain individually responsible, however, for all reporting, identification, record keeping, retention, and other requirements of this subtitle.
The owner or operator who obtains the master license is not personally liable for any act or omission of a member dealer to which the owner or operator was not a party.
City Code, 1976/83, art. 19, §48I(b)
Ord. 97-206
A dealer may not acquire any item in a transaction with a minor.
City Code, 1976/83, art. 19, §48G
Ord. 97-206
An individual who transfers or otherwise disposes of an item to a dealer or to the agent or employee of a dealer may not fail or refuse to give:
the individual’s true name, age, and address; and
if the individual is acting as an agent for a principal, the principal’s true name, age, and address.
City Code, 1976/83, art. 19, §48H
Ord. 97-206
Each dealer shall submit to the Police Commissioner and the Director of Consumer Protection and Business Licensing a daily report of each transaction in which a person transfers items to the dealer on that day.
The dealer shall forward the daily report to the Police Department and Department of Consumer Protection and Business Licensing, as provided in <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|2|§12-8">§ 12-8 of this subtitle</cite>.
Except as provided in this subtitle, the daily report shall contain the information specified in subsection (c) of this section for:each item transferred; or
each group of substantially similar items transferred as part of 1 transaction.
The daily report shall include:the date, place, and time of each transaction, including the location where the dealer purchased or received the item or group of items;
a description of the item or group of items, including:the specific type and number of items;
the manufacturer, model number, and year of manufacture, if known, and any soundex number or unique identifying number found on the item;
the color, size, style, and approximate age;
for jewelry (other than costume jewelry meeting standards set by the Police Commissioner), a description by weight (if payment is based on weight), style, gender, number and configuration of stones, and any initials or distinguishing marks or inscriptions;
a statement of whether or not the item appears to have been altered by any means, including:obscuring a serial number or identifying feature;
melting; or
recutting a gem; and
the amount paid or other consideration;
for each individual from whom the dealer acquires an item:the individual’s name, date of birth, and license number from a clearly identifiable driver’s license;
identification information about the individual that:positively identifies the individual from at least 2 forms of identification, which may include an age of majority card, military identification, passport, or other similar photographic identification; and
provides a physical description of the individual, including the sex, race, date of birth, any distinguishing features, and weight of the individual; or
a statement by the dealer that:the dealer has known the transferor of the item for 10 years or longer and knows that the transferor has lived at his/her current residence for not less than 3 years;
that the specific information required by subitems (i) or (ii) of this item (3) is retained in the dealer’s records; and
that a record of the transaction signed by the individual from whom the item is acquired is retained in the dealer’s records;
if the individual from whom the dealer acquires the item is acting as an agent for a principal, the same information for the principal as that which is required by item (3) of this subsection to be given for the agent;
a statement indicating whether or not the person making the transfer is personally known to the dealer; and
the signature of the dealer who accepted the item and, except for a transaction reported under item (3)(iii) of this subsection, the signature of the individual from whom the item is acquired.
City Code, 1976/83, art. 19, §48B(a) - (c)
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Ord. 08-073
A dealer shall submit each daily report to the Police Department and the Department of Consumer Protection and Business Licensing in the following formats:by electronic transmittal, in the format and manner required by the Police Commissioner; and
if the electronic transmission is not submitted with an electronic signature acceptable to the Police Commissioner, in writing, on the forms supplied by the Police Commissioner.
The electronic report shall be submitted before noon on the business day immediately following the day for which the report is made.
The written report shall be submitted by:mailing the report at the end of the business day for which the report is made; or
hand delivery or facsimile transmission before noon on the business day immediately following the day for which the report is made.
A daily report submitted under this subtitle is confidential, as provided in <cite data-doc="Md. Code" data-path="gbr|12-304">§ 12-304(c) of the Business Regulation Article of the Maryland Code</cite>.
City Code, 1976/83, art. 19, §48C
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Except as authorized under subsection (b) of this section, each dealer shall hold at the dealer’s place of business all acquired items, as follows:a precious metal object, as defined in <cite data-doc="Md. Code" data-path="gbr|12-101">§ 12-101 of the Business Regulation Article of the Maryland Code</cite>, shall be held for at least 18 days after the report of its acquisition is made in accordance with this subtitle; and
every other item shall be held for at least 10 days after the report of its acquisition is made in accordance with this subtitle.
The Police Commissioner shall adopt reasonable procedures for granting waivers or permitting shorter holding periods, on an ad hoc or long-term basis, in cases of dealer hardship, subject to such record-keeping or other reasonable requirements as may be necessary to preserve the integrity of the reporting and holding requirements of this subtitle.
These procedures shall include:provisions for waiving the holding period for items purchased directly from, and previously held for the required period by, another dealer, pawnbroker, or scrap metal dealer; and
a mechanism for assuring prompt decisions on requests for waivers.
After the initial holding period required by subsection (a) of this section, a dealer shall continue to hold an item if:a law enforcement officer requests that the dealer hold the item;
the law enforcement officer has reasonable cause to believe the item has been stolen; and
the item has not been identified under <cite data-path="|2|§12-10|(a)|(2)">§ 12-10(a)(2) of this subtitle</cite>.
If an item is placed on additional police hold under this subsection, the dealer shall:continue to hold the item until:the police seize it;
the Police Department releases the police hold or directs the item to be released to its owner; or
1 year after the additional police hold was imposed; and
if requested to do so, submit to the Police Department a photograph of the item, either by electronic transmittal or by mail or hand delivery, by the same deadline as required by <cite data-path="|2|§12-8">§ 12-8 of this subtitle</cite> for a daily report.
City Code, 1976/83, art. 19, §§48D(b), 48F(b)
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A dealer shall release to the Police Department any item in the dealer’s possession if:the item is established to be stolen;
the owner of the item or the victim of the theft has:positively identified the item; and
provided an affidavit of ownership or previously made a report of the theft to a law enforcement agency;
the stolen property report describes the item by:date;
initials;
an insurance record;
a photograph;
a sales receipt;
a serial number;
specific damage;
a statement of facts that show the item is one of a kind; or
a unique engraving; and
the dealer is given a receipt for the item released.
When the police no longer need an item for evidence, it shall be returned to the owner.
A dealer who is required to release an item under this section is not entitled to demand, or to condition the release on, any reimbursement from:the Police Department;
the owner of the item; or
the victim of the theft.
City Code, 1976/83, art. 19, §48F(a), (c), (d)
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Ord. 09-217
All items in the dealer’s place of business shall be clearly marked or labeled to correlate with:
the dealer’s record of the transaction; and
the purchase receipt or, if the item is in for consignment or repair, the invoice.
City Code, 1976/83, art. 19, §48D(c)
For at least 3 years after the date of a transfer, the dealer shall hold all records of the transaction:
at the dealer’s place of business; or
if otherwise specifically required by the dealer’s property insurer, at some other suitable location designated by the dealer and from which the dealer can produce the records as and when needed by the Police Department and the Department of Consumer Protection and Business Licensing.
City Code, 1976/83, art. 19, §48D(a)
Ord. 97-206
A dealer shall allow a law enforcement officer or special enforcement officer, as defined in City Code Article 19, § 71-1 {“Appointment; duties”}, acting in the line of duty, to:enter the dealer’s place of business or storage premises during business hours; and
inspect any record of transactions subject to this subtitle and any items on the premises.
On request of the dealer, the officer shall make the inspection in the presence of the dealer.
If the dealer refuses to allow access or refuses to produce a record or item for inspection, the officer shall seek a search warrant.
City Code, 1976/83, art. 19, §48E
Ord. 97-206
Consignment goods are not subject to the daily reporting requirements of <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite> or to the item retention requirements of <cite data-path="|2|§12-9">§ 12-9 of this subtitle</cite>, as long as the dealer:keeps a record, subject to inspection under <cite data-path="|2|§12-13">§ 12-13 of this subtitle</cite>, of all the information required by <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite>; and
complies with all other requirements of this subtitle.
This subsection applies to items acquired by a dealer:from another licensed dealer;
from a person licensed as a pawnbroker;
from a person licensed as a scrap metal dealer;
at a public auction conducted by a licensed auctioneer;
from the personal representative of a decedent; or
at a public sale commonly known as a lawn sale, garage sale, or flea market.
Items acquired under paragraph (1) of this subsection are not subject to the daily reporting requirements of <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite> or to the item retention requirements of <cite data-path="|2|§12-9">§ 12-9 of this subtitle</cite>, as long as the acquiring dealer:keeps a record, subject to inspection under <cite data-path="|2|§12-13">§ 12-13 of this subtitle</cite>, of the information required by <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite>; and
complies with all other requirements of this subtitle.
Second-hand personal property acquired by a dealer for resale, trade, or transfer exclusively at a flea market is not subject to the daily reporting requirements of <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite> or to the item retention requirements of <cite data-path="|2|§12-9">§ 12-9 of this subtitle</cite>, as long as:all of the dealer’s resale, trade, or transfer business is conducted exclusively at the flea market;
the flea market is open for business no more than 2 days a week;
either:the dealer is licensed under this subtitle; or
the flea market has obtained a master license as a cooperative and the dealer is identified as a member of that cooperative; and
the dealer keeps a record, subject to inspection under <cite data-path="|2|§12-13">§ 12-13 of this subtitle</cite>, of all the information required by <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite>.
City Code, 1976/83, art. 19, §§48B(d), 48J(c), (d)
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Ord. 01-243
Ord. 10-389
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">City General Provisions Article</cite>, the Police Commissioner, in consultation with the Director of Consumer Protection and Business Licensing, may adopt rules and regulations to implement this subtitle and shall make these rules and regulations available to dealers and the general public.
City Code, 1976/83, art. 19, §48K
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Text Conformed 02/12/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
Any person who violates any provision of this subtitle or of a published rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not less than $500 nor more than $1,000 or to imprisonment for 6 months or to both fine and imprisonment in the discretion of the Court.
In addition, a person convicted of violating this subtitle may be required to forfeit any item found not in compliance with this subtitle.
City Code, 1976/83, art. 19, §48L
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