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5.29.270. Receipt of stolen goods

            (1)        Every person acting as a pawnbroker or secondhand dealer, whether licensed or unlicensed, who buys, receives, or otherwise obtains property in the course of his business dealings, knowing it to have been stolen or unlawfully obtained, and who conceals such knowledge from the police or other appropriate authorities, shall be guilty of a class B misdemeanor.

            (2)        Every pawnbroker or secondhand dealer or any other person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, and every agent, employee, or representative of the pawnbroker, secondhand dealer, or person who fails to comply with the requirements of Section 5.29.180 shall be presumed to have bought, received, or obtained the property knowing it to have been stolen or unlawfully obtained.  This presumption may be rebutted by competent evidence.

            (3)        When, in a prosecution under this Section, or Section 9.36.030, it appears from the evidence that the defendant was a pawnbroker, secondhand dealer, or a person who has or operates a business dealing in or collecting used or secondhand merchandise or personal property, or was an agent, employee, or representative of a pawnbroker, secondhand dealer, or like person, and that the defendant bought, received, concealed, or withheld the property without requiring the person from whom he bought, received, or obtained the property to sign the certificate required in Section 5.29.180; and/or in every prosecution regarding a pawnbroker where the value exceeds Twenty Dollars ($20.00), and in every prosecution regarding a secondhand dealer where the property receipted or purchased is one of the items or merchandise as set forth in Section 5.29.010(4), the pawnbroker or secondhand dealer failed to require the seller or person from whom he bought, received, or obtained the property to place his legible print, preferably the right thumb, on the certificate, then the burden shall be upon the defendant to show that the property bought, received, or obtained was not stolen.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-18, Amended, 4/17/1997

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