§ 22-164. Record of secondhand goods or objects purchased required.

(a)

Every secondhand dealer shall be required to maintain a book, ledger, or electronically maintained data and be capable of readily providing reports setting forth each purchase of secondhand or used merchandise when the value of any single piece of merchandise or article received shall be $25.00 or more, for each single transaction. The price which a piece of merchandise is offered for sale by a secondhand dealer shall be considered prima facie evidence of the value of the piece of merchandise. Each ledger entry shall be entered at the time of each transaction and shall contain an accurate description in the English language of the merchandise or article received including serial numbers of said objects, if distinguishable, along with the amount paid therefor.

(b)

The entry in the report shall contain the following information:

(1)

The name and address of the residence or place of business of the person required to either keep the register and file reports or electronically maintain the data and generate the requested reports.

(2)

The date and place of each such purchase.

(3)

The name and address of the person or persons from whom the material was purchased, including the distinctive number of the person's or persons' Louisiana driver's license, driver's license from another state, passport, military identification, or identification issued by a governmental agency or the United States Postal Service. If the person cannot produce any of the above forms of identification at the time of purchase, the purchaser shall not complete the transaction.

(4)

The motor vehicle license number of the vehicle or conveyance on which such material was delivered.

(5)

A full description of all such material purchased, including the weight of the material and whether it consists of bars, kegs, cable, ingots, rods, tubing wire, wire scraps, clamps, connectors, or other appurtenances or some combination thereof.

(6)

A full description of railroad track materials purchased, including the weight and whether it consists of rail, switch components, spikes, angle bars, tie plates, or bolts of the type used to construct railroads or other appurtenances or some combination thereof.

Records of each purchase shall be preserved for a period of at least three years.

(c)

In addition to the information required in subsection (b) of this section, every secondhand dealer shall be required to obtain a photograph of a person selling or delivering merchandise or articles to the dealer. The quality of such photographs shall be sufficient readily to identify the person depicted. In lieu of the photograph of the person selling or delivering the merchandise, the dealer may obtain either a thumbprint of such person, the quality of which thumbprint shall be sufficient to identify the person, or the number of the person's valid driver's license number, passport, military identification, or identification issued by a governmental agency or the United States Postal Service. Each photograph, thumbprint, or valid driver's license number as the case may be, shall be cross-referenced with the ledger entry required in this section. The photograph, thumbprint, or valid driver's license number shall be preserved for a period of at least one year.

(d)

A transaction between dealers who are licensed under part 1 of R.S. 37:21 of 1950 shall be exempt from this section.

(e)

The provisions of this section shall not apply to:

(1)

The sale or purchase of manufactured registered bullion bars, coins, or other numismatic items; or

(2)

A retail tire outlet or an automobile dealer dealing in fire.

(Code 1976, § 13:254(a)—(c); Ord. No. 967, 9-10-1990)