1. 1.  A current driver’s license or a State of Oregon Identification Card issued by the Department of Motor Vehicles; or
2. 2.  Two current United States, state or local government-issued identification cards, one of which has a photograph of the Seller; or
3. 3.  One of the following, when the transaction report includes the Seller’s thumbprint:
   1. a.  A current United States, state, or local government-issued identification card which has a photograph of the Seller; or
   2. b.  A current passport from any country; or
   3. c.  A current Consulate Identity Card.

1. 1.  Any loans made in compliance with state laws by Persons licensed as Pawnbrokers by the State of Oregon; or
2. 2.  Memoranda between a Dealer and a Person engaged in the business of selling Regulated Property.

1. 1.  The applicant must be a citizen of the country served by the consulate and must apply for the card in person; and
2. 2.  In addition to fingerprints and digital photographs, the applicant must provide:
   1. a.  A birth certificate from the country served by the consulate; and
   2. b.  An official identification from that country, such as a voter identification card; and
   3. c.  Proof of address within the issuing consulate’s consular district.
3. 3.  The consulate’s identification database must be linked to a national security database in the home country; and
4. 4.  The issuance of the consulate identification card is supported by a centralized system to avoid duplications and confirm the authenticity of required documents and information; and
5. 5.  Consulates must have access to an electronic consular identification database.
6. 6.  The identity cards must be printed on plastic and incorporate security features including but not limited to:
   1. a.  Visible and invisible marks;
   2. b.  A background design with high quality print and micro test frames;
   3. c.  Text with different colors of ink;
   4. d.  Embedded identity data on a cryptographic chip;
   5. e.  A clear photograph;
   6. f.  A laser engraved unique card number.
7. A Dealer should contact the Portland Police Bureau if there are questions about whether an identity card from a country other than Mexico will serve as Acceptable Identification for Secondhand transactions.

1. 1.  Means any:
   1. a.  Sole proprietorship, partnership, limited partnership, family limited partnership, joint venture, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, limited liability partnership or any other form of organization for doing business and that:
   2. b.  Either:
      1. (1)  Acquires Regulated Property at or from Business Locations within the City of Portland, or on behalf of such a business regardless of where the acquisition occurs, or
      2. (2)  Offers for sale Regulated Property.
2. 2.  Dealers that acquire or offer for sale not more than 50 items of Regulated Property in any one-year period will be categorized as an "Occasional Secondhand Dealer." The term "Dealer" in this Chapter and all regulations herein refer to Secondhand Dealers, Occasional Secondhand Dealers and Pawnbrokers unless specifically stated otherwise.
3. 3.  "Dealer" does not include:
   1. a.  A business whose acquisitions of Regulated Property consist exclusively of donated items and/or purchases from 501(c)3 organizations; or
   2. b.  A Person whose only business transactions with Regulated Property in the City of Portland consist of the sale of personal property acquired for household or other personal use; or
   3. c.  A Person whose only business transactions with Regulated Property in the City of Portland consist of a display space, booth, or table maintained for displaying or selling merchandise at any Trade Show, convention, festival, fair, circus, market, flea market, swap meet or similar event for less than 14 days in any calendar year.

Q.  “Reporting system” means the computer system or database Dealers are required to use to report acquisitions of Regulated Property to the Police Bureau.

1. 1.  Registered with the Oregon Secretary of State Corporation Division or its equivalent in the state where the business is located; and
2. 2.  Compliant with the City of Portland Tax Division business registration requirements.

1. 1.  Offers items of Regulated Property in exchange for money or other property; or as collateral for a loan; or
2. 2.  Donates or abandons items of Regulated Property.

1. 1.  No sale exceeds a period of 72 consecutive hours; and
2. 2.  No more than four sales are held at the same location in any twelve-month period.

1. 1.  The name, address, telephone number, birth date and principal occupation of all owners and any Person who will be directly engaged or employed in the management or operation of the business or the proposed business;
2. 2.  The name, address and telephone number of the business or proposed business and a description of the exact nature of the business to be operated;
3. 3.  The web address of all web pages used to acquire or offer for sale Regulated Property on behalf of the Dealer, and any and all internet auction account names used to acquire or offer for sale Regulated Property on behalf of the Dealer.
4. 4.  Written proof that all Principals are at least 18 years of age;
5. 5.  Each Principal’s business occupation or employment for the 3 years immediately preceding the date of application;
6. 6.  The business license and permit history of the applicant in operating a business identical to or similar to those regulated by Chapter 14B.90;
7. 7.  A brief summary of the applicant’s business history in any jurisdiction including:
   1. a.  The business license or permit history of the applicant; and,
   2. b.  Whether the applicant or any Principal has ever had any business-related license or permit revoked or suspended, the reasons therefor, and the business activity or occupation of the applicant or Principal subsequent to the suspension or revocation.
8. 8.  Whether the applicant will be a sole proprietorship, partnership, limited partnership, family limited partnership, joint venture, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, limited liability partnership or any other form of organization for doing business.
   1. a.  If a partnership, the application must set forth the names, birth dates, addresses, telephone numbers, and principal occupations, along with all other information required of any individual applicant, of each partner, whether general, limited, or silent, and the respective ownership shares owned by each;
   2. b.  If a corporation, or limited liability company, the application must set forth the corporate or company name, copies of the articles of incorporation or organization and the corporate by-laws or operating agreement, and the names, addresses, birth dates, telephone numbers, and principal occupations, along with all other information required of any individual applicant, of every officer, director, members or managers, and shareholder (owning more than five percent of the outstanding shares) and the number of shares held by each;
9. 9.  If the applicant does not own the business premises, a true and complete copy of the executed lease (and the legal description of the premises to be permitted) must be attached to the application;
10. 10.  All Criminal Arrests or Convictions of each Principal enumerated in paragraphs 1 through 7 of this Subsection;
11. 11.  Upon request, Principals and employees shall submit fingerprints and passport size photographs to the Portland Police Bureau.  Principals and employees must submit new photos if requested to do so by the Portland Police Bureau;
12. 12.  Any other information that the Director may reasonably feel is necessary to accomplish the goals of this Chapter.

1. 1.  The applicant, or any Person who will be directly engaged in the management or operation of the business, or any Person who owns a five percent or more interest in the business, has previously owned or operated a business regulated by Chapter 14B.90; and
   1. a.  the license or permit for the business has been revoked for cause that would be grounds for revocation pursuant to Chapter 14B.90; or
   2. b.  the business has been found to constitute a public nuisance and abatement has been ordered.
2. 2.  Any Person listed on the initial application or renewal application has been convicted of one or more of the offenses listed below or has violated any section of Chapter 14B.90. The offenses include:
   1. a.  Any felony.
   2. b.  Any misdemeanor or violation involving either bribery, controlled substances, deception, dishonesty, forgery, fraud, or theft, or any attempt or conspiracy to commit any of the listed offenses.
3. 3.  The Director finds by a preponderance of the evidence that the applicant or any Principal or employee has committed any offense relating to fraud, theft or any attempt or conspiracy to commit theft, or any offense listed in Section 14B.90.120;
4. 4.  The Director finds by a preponderance of the evidence that the applicant or any Principal or employee who will be involved in the business has violated any law where the elements of such law are equivalent to the provisions of Chapter 14B.90;
5. 5.  Any statement in the application is false or any required information is withheld; or
6. 6.  The Director finds by a preponderance of the evidence that the applicant, or any person who will be directly engaged or employed in the management or operation of the business, or any Person who owns a five percent or more interest in the business, has previously owned or operated a business regulated by Chapter 14B.90 or any laws or statutes equivalent to the provisions of Chapter 14B.90, and the business has violated applicable State, Federal or local requirements, including permitting requirements.

1. 1.  The behavior evidenced by such factor is not likely to recur; or,
2. 2.  The behavior evidenced by such factor is remote in time; or,
3. 3.  The behavior evidenced by such factor occurred under circumstances that diminish the seriousness of the factor as it relates to the purpose of Chapter 14B.90.

1. 1.  Service of the notice will be accomplished by mailing the notice to the applicant by certified mail, return receipt requested.
2. 2.  Mailing of the notice will be prima facie evidence of receipt of the notice.
3. 3.  The denial will be effective the date the notice is sent.

1. 1.  In any such case that the Chief directs that the information be transmitted via computer media, the Chief may also direct the system that will be utilized in order to ensure conformity among all Dealers.
2. 2.  If, after establishing the format and requirements for the transmission of computerized reports of transactions, the Chief of Police alters the required format, Dealers will be given at least 60 days to comply with the new format requirements. If unable to implement the reporting system before the deadline, a Dealer must submit a written request for additional time to the Chief of Police before the deadline.
3. 3.  Upon approval by the Chief of Police, a Dealer that acquires less than 25 items of Regulated Property in a year may use forms provided by the Portland Police Bureau to report transactions.
4. 4.  Pawnbrokers are required to report only new transactions. Loan renewals do not need to be reported.

1. 1.  Holding Period: Regulated Property acquired by any Dealer must be held for a period of 30 full days from the date of acquisition. Pawnbroker loan transactions are exempt from the 30-day hold requirements of Section 14B.90.090 because of the redeemable nature of the loans and the holding requirements in ORS 726. However, if the loan is converted to a buy by the pawnbroker within 30 days from the date of the pawn transaction, the difference between the original date of the pawn and the buy will count toward the 30-day hold requirement. All other provisions of Section 14B.90.090 remain in effect.
2. 2.  Requirements of Held Property: All Held Property must remain in the same form as when received, must not be sold, dismantled or otherwise disposed of, and must be kept separate and apart from all other property during the holding period to prevent theft or accidental sale and to allow for identification and examination by the Revenue Division or Police Bureau. Held Property must be kept at the Business Location during this holding period so that it can be inspected during normal business hours (as provided in Section 14B.90.110). Held Property, other than property on Police Hold, may be held in a place within public view, as long as the other requirements of the Subsection are met.

1. 1.  A Police Hold area must meet the following criteria:
   1. a.  Located out of public view and access, and
   2. b.  Marked “Police Hold,” and
   3. c.  Contain only items that have been put on Police Hold.
2. 2.  Dealers may maintain up to three Police Hold areas as necessary for the safe storage of high value items, physically large items, and general merchandise put on Police Hold.
3. 3.  If it is not possible or practical to move an item to or store an item in the Police Hold area, a Dealer may submit a written request to the Chief of Police for approval to keep the item with other Held Property. Approval may be granted with the understanding that the item will be clearly marked as being on Police Hold and kept from public view and access.

1. 1.  A stolen property report has been filed with a law enforcement agency where making an untruthful report is a violation of the law, and
2. 2.  A notice has been delivered to the Dealer holding the property or from whom the property was seized.
   1. a.  The required notice will state that the property will be released to the Person who has filed the stolen property report unless the Dealer or pawner/Seller files a motion for return of seized property within 10 days of the date of the notice and in the manner set forth in the notice.
   2. b.  The notice will be sent electronically with a request for acknowledgement, or delivered in person to the Dealer at the email or physical address shown on the Dealer’s permit application or most recent permit renewal application, and to the pawner/Seller at the address shown in the transaction report required by Section 14B.90.080.
   3. c.  The notice will provide the information necessary to submit a motion for return of seized property.
   4. d.  The failure of any Person to receive the required notice will not invalidate or otherwise affect the proceedings of this Section.

1. 1.  To receive any property from any Person
   1. a.  Known to the Principal, employee or Dealer to be prohibited from selling by a court order,
   2. b.  Under the age of 18 years unless the Person’s parent or guardian complete the applicable information on the Declaration of Proof of Ownership,
   3. c.  About whom the Principal, employee or Dealer has been given notice by law enforcement as having been convicted of burglary, robbery, theft or possession of or receiving stolen property within the past ten years whether the Person is acting in his or her own behalf or as the agent of another who meets the above criteria;
2. 2.  To receive property prohibited by this Chapter or the Administrative Rules, including
   1. a.  Medications;
   2. b.  Property with serial numbers, personalized inscriptions or initials or other identifying marks that appear to have been intentionally altered or rendered illegible.
3. 3.  To receive property that a reasonable Person under similar circumstances would believe is more likely than not stolen, except as allowed by the Administrative Rules. A later determination regarding whether or not an item is found to be stolen will not be used as a factor to determine whether a Dealer has violated this Subsection.

1. 1.  The Director, having made a determination to seek civil penalties as provided by this Section, shall give the Dealer written notice of the determination.
2. 2.  Service of the notice will be accomplished by mailing the notice by regular and certified mail, return receipt requested.
3. 3.  Mailing of the notice will be prima facie evidence of receipt of the notice.
4. 4.  The civil penalty will be due ten days from the date of the notice unless such civil penalty is appealed in accordance with Section 14B.90.150.

1. 1.  For any cause that would be grounds for denial of a permit; or
2. 2.  Upon a finding that any violation of the provisions of this Chapter, federal, state or other local law has been committed and the violation is connected with the operation of the permitted Business Location so that the Person in charge of the Business Location knew, or should reasonably have known, that violations or offenses were permitted to occur at the location by the Dealer or any Principal or employee engaged or employed in the management or operation of the Business Location; or
3. 3.  A lawful inspection has been refused; or
4. 4.  If payment of civil penalties has not been received by the Revenue Division within ten business days after the penalty becomes final; or
5. 5.  If any statement contained in the application for the permit is false.

1. 1.  Service of the notice will be accomplished by mailing the notice by regular and certified mail, return receipt requested.
2. 2.  Mailing of the notice by regular mail will be prima facie evidence of receipt of the notice.

1. 1.  The Director may adopt rules pertaining to matters within the scope of this Chapter.
2. 2.  Before the Director adopts a rule, a public hearing must be conducted. The Director must give notice of the public hearing in a reasonable manner not less than ten nor more than 30 days before the hearing. The notice must include the place and time of the hearing; where copies of the full text of the proposed rules may be obtained; and a brief description of the proposed rules.
3. 3.  The Director will consider oral and/or written testimony during the public hearing. The Director shall adopt the proposed rule, modify, or reject the proposed rule, based on the testimony received. Unless otherwise stated, all rules are effective upon adoption by the Director and will be kept on file at the Revenue Division. Copies of all rules will be made available to the public upon request.
4. 4.  Notwithstanding paragraphs 2 and 3 of this Section, the Director may adopt an interim rule without prior public notice upon a finding that failure to act promptly would result in serious prejudice to the public interest. In so doing, the Director must include the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph will be effective for a period of not longer than 180 days.