§ 45-89. Reports, notice.

(a)

The record required by this article shall be made in writing on forms designed by the Colorado Bureau of Investigation, or on a reasonable facsimile thereof and shall consist of the following:

(1)

The name, address, and date of birth of the seller or trader;

(2)

The date, time, and place of the sale or trade;

(3)

An accurate and detailed account and description of the item sold or traded, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item;

(4)

The identification number from any of the following forms of identification of the seller or trader:

a.

A valid Colorado driver's license;

b.

An identification card issued in accordance with section 42-2-402, C.R.S.;

c.

A valid driver's license, containing a picture, issued by another state;

d.

A military identification card;

e.

A valid passport;

f.

An alien registration card; or

g.

A nonpicture identification document issued by a state or federal government entity;

(5)

The signature of the seller or trader;

(6)

A declaration by the secondhand dealer that he is the rightful owner of the secondhand property and a description of how he obtained the property, including the serial number of such property if available or a copy of the bill of sale of such property; and

(7)

A declaration by the secondhand dealer that he has knowledge of the requirement that he mail or deliver a record of the sale or trade to the Denver Police Department, as required by section 45-88.

(b)

The forms required by (a) above shall be provided by the Denver Police Department.

(c)

In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall inform each secondhand dealer of the requirements of this section and shall provide the forms for recording the information required by sections 45-88 and 45-89. It shall be unlawful for the operator to violate the terms of this subsection.

(d)

In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall record the name and address of each secondhand dealer operating at the flea market or similar facility and the identification enumerated in paragraph (4) of subsection (a) of this section. Such record shall be mailed or delivered by the operator to the Denver Police Department within three (3) days of the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility. A copy of such record shall be retained by the operator for at least one (1) year after the date the secondhand dealer offered property for sale or trade at the flea market or similar facility.

(e)

Except in the case of flea markets and similar facilities as provided in this subsection (e), every secondhand dealer shall conspicuously post a notice in a place clearly visible to all buyers and traders which sets forth the provisions of this section and of C.R.S. sections 18-13-114 and 18-13-116 and which sets forth the penalties for violating such sections and for violating C.R.S. section 18-4-410, concerning theft by receiving. Such notification shall include information to the effect that stolen property may be confiscated by any peace officer and returned to the rightful owner without compensation to the buyer. In the case of flea markets and similar facilities, the operator thereof shall post the notice required in this section in such a manner as to be obvious to all persons who enter the flea market or similar facility. The department of excise and licenses shall print and provide the notices required by this subsection. It shall be unlawful for any secondhand dealer or operator of a flea market or similar facility to violate any of the provisions of this subsection.

(Ord. No. 608-86, § 2, 9-15-86)