§ 172-1. Definitions; exceptions.

A. 

As used in this chapter, the following terms shall have the meanings indicated:

DEALER IN SECONDHAND ARTICLES

Any person who in any way, as principal, broker or agent:

(1) 

Deals in the commercial purchase or sale of secondhand articles for any purpose and of whatever nature, including but not limited to old gold or other precious metals, coins, stamps or currency, firearms, rifles, shotguns, cameras, business machines, musical instruments, outboard motors or electronic equipment;

(2) 

Accepts or receives secondhand articles as returns of merchandise or in exchange for or for credits on any other articles or merchandises; or

(3) 

Deals in the commercial purchase or sale of pawnbroker tickets or other evidence of pledged articles.

B. 

Nothing in this chapter shall be construed to apply to:

(1) 

Automobiles, pianos, books, magazines, rugs, tapestries, artists' burlaps, paintings, sculpture, drawings, etchings and engravings.

(2) 

The first purchase or sale in the country of any imported secondhand article.

(3) 

The acceptance or receipt of merchandise in a new condition as a return or exchange or for credit or refund, if such merchandise was originally purchased as new merchandise from the person accepting or receiving the same, or to any resale of such merchandise as new merchandise or the first subsequent nonretail or exchange of such merchandise as used merchandise.

(4) 

The acceptance or receipt of merchandise in a used condition as a return, trade-in or exchange or for credit or refund, if such merchandise was originally purchased as new merchandise from the person accepting or receiving the same, or to the first subsequent nonretail sale or exchange of such merchandise.

(5) 

The first sale, at retail, of merchandise which has been rebuilt by the manufacturer or vendor originally manufacturing it, or the licensed agents thereof, and sold as factory rebuilt merchandise.

(6) 

A thrift shop, as defined to be so classified under the United States Internal Revenue Code, entitled to an exemption as an eleemosynary corporation or institution.

(7) 

Antiques, which shall mean secondhand articles over 50 years of age having a value of less than $250 and void of any means of identification. Identification shall mean articles which are serialized, monogrammed, initialed or distinctly marked.