§ 14-204. Reports to police generally.

(a)

Pawnbrokers, junk dealers and secondhand dealers shall maintain a database and submit the required transaction information electronically utilizing software approved by the Gilbert Police Department and compatible with software used by the Gilbert Police Department.

(b)

A yearly reporting fee, set by separate resolution of the town council, shall be paid prior to filing any reports for the year. Any pawnbroker, junk dealer or secondhand dealer licensed by and conducting business within the town on the effective date of this provision shall pay the reporting fee no later than the first subsequent anniversary date of its business license and shall begin reporting all transactions within 30 days after payment of the reporting fee.

(c)

For all transactions, pawnbrokers and secondhand dealers shall make and deliver to the police department, a full, true and complete report of all goods, wares, merchandise or articles received on deposit, in pawn, pledge, trade or exchange, or by purchase, via electronic filing format, as approved by the police department. Reports shall be submitted within 24 hours of the receipt of an item. All transaction information reports shall be written, entered electronically, or printed in the English language, in a clear and legible manner and shall contain at least the following:

(1)

All information required to be provided on a pawn ticket pursuant to A.R.S. § 44-1622 or to be provided on a report to the sheriff pursuant to A.R.S. § 44-1625 and, if the item is a precious item, as defined in A.R.S. § 44-1601, all information required pursuant to A.R.S. § 44-1602; and

(2)

A digital photograph of each article involved in a transaction; and

(3)

An electronic signature and electronic fingerprint of the person conducting the transaction with the pawnshop, junk dealer or secondhand dealer.

(4)

The dealer's name or code and the name of the person receiving the property.

(5)

If the item is a bicycle, a description of the bicycle, the frame number and the number of the license plate, if any, or any other identifying numbers of information.

(6)

If the item is a firearm, the receiving person shall immediately telephone the police department and provide the serial number and other information necessary to run a computer check on the weapon and the person selling or pawning such weapon.

(7)

If an item is a mobile phone or electronic device, the ESN, IMEI and/or the MEID is required to be reported. If the ESN, IMEI or MEID is not available at the time of receipt or purchase, the report filed pursuant to this subsection must be updated with the ESN, IMEI or MEID as soon as possible, but no later than 15 business days. The hold requirement outlined in section 14-206(b) shall not begin until all required contents of the report are complete and submitted to the town police department.

(d)

Notwithstanding the provisions of subsection (c) above, reports shall not be required for transactions involving:

(1)

Records, CDs, DVDs, audiotapes, computer software and video games traded in for exchange or store credit only;

(2)

Clothing, used books, comic books, sports memorabilia valued at $50.00 or less, tires (excluding rims), antiques, coins not set in bezel, postage stamps, trading cards, furniture other than appliances, and large fitness or exercise equipment, including but not limited to treadmills, ellipticals, and exercise bikes;

(3)

Transactions involving recyclables such as metals, cans, paper, cardboard or glass.

(e)

It is presumptive evidence of intent to violate this article if the items purchased are not listed or fail to agree with the description contained on the list.

(f)

Any pawnbroker, junk dealer or secondhand dealer who purchases any precious item, as defined in A.R.S. § 44-1601, shall comply with all state and federal laws regulating such purchases. Failure to do so may result in license revocation in addition to other penalties.

(g)

Non-profit charitable organizations, qualified and registered pursuant to Section 501(c)(3) of the United States Internal Revenue Code, when selling items that are donated to them are exempt from the reporting requirements and reporting fees set forth in this section.

(Ord. No. 1621, § I, 2-1-05; Ord. No. 2333, § I, 6-23-11; Ord. No. 2365, § I, 5-3-12; Ord. No. 2596 , 10-20-16)

State law reference

Records of precious items dealers, A.R.S. § 44-1602; records and reports of pawnbrokers, A.R.S. §§ 44-1625, 44-1626; records and reports of scrap metal dealers, A.R.S. §§ 44-1642, 44-1644.