PL PACKET 10152002 - Laserfiche WebLink

Home Browse Search

321.340. Payment by check. When a dealer buys or otherwise receives merchandise at any location other than those identified in section 321.240(a), payment shall be made by check only, made payable to a named payee who is the actual and identified seller. (98-Or-059, § 1, 6-26- 98) 321.350. Holding period. Any item received by a dealer, for which a report to the police is required in section 321.320, shall not be sold or otherwise transferred for thirty (30) days after the date the police receive such report except as provided in section 321.410. Items may not be altered, modified or changed in anyway during the holding period. (98-Or-059, § 1, 6-26-98) 321.360. Police order to hold property. (a) Investigative hold. Whenever a law enforcement official from any agency notifies a dealer not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of initial notification, or until the investigative order is canceled, or until an order to holdconfiscate is issued, pursuant to section 321.150(b), whichever comes first. (b) Order to hold. Whenever the chief of police or the chief's designee notifies a dealer not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief of police or the chiefs designee. The order to hold shall expire ninety (90) days from the date it is placed unless the chief of police or the chief's designee determines the hold is still necessary and notifies the antique dealer in writing. (c) Order to confiscate. If an item is identified as stolen, or evidence in a criminal case, the chief of police or the chiefs designee may: (1) Physically confiscate and remove it from the shop, pursuant to a written order from the chief of police or the chief's designee, or (2) Place the item on hold or extend the hold as provided in section 321.360(a), and leave it in the shop. When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. When an order to holdconfiscate is no longer necessary, the chief of police or the chief's designee shall so notify the licensee. (98-Or-059, § 1, 6-26-98) 321.370. Inspection of items. The licensee must allow the police license inspector or the inspector's designee(s) to enter the premises where the licensed business is located or business records are maintained, including all off-site storage facilities as authorized in section 321.390, during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this chapter or other applicable laws. (98-Or-059, § 1, 6-26-98) 321.380. Label required. Dealers must attach a label to every item, for which a report to the police department is required in section 321.320, at the time it is received in inventory. Permanently recorded on this label must be the number or name that identifies the transaction in the dealer's records, the name of the item, and the date the item can be sold. Labels shall not be re-used. (98-Or-059, § 1, 6-26-98)