14B.90.120 Prohibited Acts.

City Code Section

(Amended by Ordinance 188976, effective June 29, 2018.)

  1. A.  It is unlawful for any Person regulated by Chapter 14B.90:
    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.
  2. B.  Any violation of Subsection 14B.90.120 A. is punishable, upon conviction, by a fine of not more than $500 and a jail sentence of up to six months.
  3. C.  Notwithstanding Subsection 14B.90.120 A., a Dealer may receive property for which the Dealer has an objectively reasonable basis to believe is more likely than not stolen if the Dealer is doing so with the intention of recovering the item for a specifically identified victim. The Dealer must notify the Portland Police Bureau of the acquisition and the name of the specific Person or entity believed to be the victim by the end of the business day that the acquisition is made. Notification may be made by phone or email. An item acquired under this Subsection must be immediately placed under a 30-day Police Hold.

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