(1) A person doing business as a consignment store, a buy-sell store, a secondhand store or a similar store or enterprise that in the regular course of business buys used goods from individuals for the purpose of resale shall:
(a) Require that the individual from whom the person buys the used goods present proof of identification; and
(b) Maintain a record of the name and address of the individual, the type of identification provided by the individual, the date and a description of the goods bought from the individual.
(2) If the goods described in subsection (1) of this section are constructed of nonferrous metal as that term is defined in ORS 165.107, in addition to the requirements of subsection (1) of this section, the records shall contain the following:
(a) A photocopy of the identification provided under subsection (1)(a) of this section;
(b) The amount of consideration given for the goods;
(c) If the transaction is valued at more than $100, a declaration, signed by the individual from whom the person buys the used goods, in substantially the following form: “I, the undersigned, hereby declare that the property that is subject to this transaction is not, to the best of my knowledge, stolen property. I understand that this statement is made under penalty of perjury and may be used as evidence in court.”;
(d) Video surveillance or a photograph of the individual; and
(e) A description and the registration plate number of any motor vehicle used in the delivery of the goods.
(3)(a) The person shall make all records required to be maintained by subsections (1) and (2) of this section available to law enforcement personnel conducting an investigation.
(b) The person shall retain the records described in subsection (2) of this section for a period of not less than one year, except that the video surveillance or photograph described in subsection (2)(d) of this section must be retained for 30 days from the date of the transaction.
(4) This section does not apply to pawnbrokers licensed under ORS 726.080.
(5) This section does not preempt, invalidate or in any way affect the operation of any provision of a county, city or district ordinance regulating the activities of consignment stores, buy-sell stores, secondhand stores or similar stores or enterprises that in the regular course of business buy used goods from individuals for the purpose of resale. [Formerly 646.848]Section: Previous 646A.036 646A.038 646A.040 646A.042 646A.050 646A.052 646A.054 646A.060 646A.062 646A.070 646A.072 646A.080 646A.085 646A.090 646A.095 Next
Last modified: August 7, 2008