§ 12-80. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Consignment shop means a shop engaging in the business of accepting for sale, on consignment, secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party.

Pawn.

(1)

The term "pawn" means either of the following transactions:

a.

Buy-sell agreement means an agreement whereby a purchaser agrees to hold property for a specified period of time to allow the seller the exclusive right to repurchase the property. A buy-sell agreement is not a loan of money.

b.

Loan of money means a written or oral bailment of personal property as security for an engagement or debt, redeemable on certain terms and with the implied power of sale on default.

(2)

The term "pawn" means any advancement of funds on the security of pledged goods on condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeemed by the pledgor on the terms and conditions contained in this definition.

Pawnbroker means any person duly licensed under F.S. ch. 539 who is regularly engaged in the business of making pawns who makes a public display containing the term "pawn," "pawnbroker," or "pawnshop" or any derivative thereof, or who publicly displays a sign or symbol historically identified with pawns. A pawnbroker may also engage in the business of purchasing goods which includes consignment and trade.

Pledge means pawn or buy-sell agreement.

Precious metals means any item containing any gold, silver, or platinum or any combination thereof, excluding any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts.

Precious metals dealer means a secondhand dealer who normally or regularly engages in the business of buying used precious metals for resale. The term "precious metal dealer" does not include those persons involved in the bulk sale of precious metals from one secondhand or precious metals dealer to another.

Secondhand dealer means any person who is not a secondary metals recycler and who is engaged in the business of purchasing, consigning, or trading secondhand goods.

Secondhand goods means personal property previously owned or used, which is not regulated metals property regulated under F.S. ch. 538, pt. II (F.S. § 538.18 et seq.), and which is purchased, consigned, or traded as used property. Such secondhand goods do not include office furniture, pianos, books, clothing, organs, coins, motor vehicles, costume jewelry, and secondhand sports equipment that is not permanently labeled with a serial number. For purposes of this definition, the term "secondhand sports equipment" does not include golf clubs.

Secondhand store means the place or premises at which a secondhand dealer is registered to conduct business as a secondhand dealer or conducts business.

Title loan means a loan of money to a consumer secured by bailment of a certificate of title to a motor vehicle, except such loan made by a person licensed under F.S. ch. 516, 520, 655, 657, 658, 660, 663, 665, or 667, or a person who complies with F.S. § 687.03.

Transaction means any title loan, purchase, or consignment of secondhand goods by a secondhand dealer.

(Code 1982, § 1-15.5-2; Ord. No. 11-010, pt. B, 6-7-2011)