In Phoenix, az. the city requires you to have a secondhand dealers license to sell coins. this is in order to sell and buy gold,silver,platium, jewelry, flatware or hollowwear containg gold, silver or platium. also discussed is precious and semiprecious gems. the next line in the difinitions says: "secondhand pearls. Precious items does not include coins and unmounted gemstones accompained by a certificate from an independent, internationally recognized gem grading laboratory." (exactly as written) my question: why do I have to have a secondhand dealers license to sell coins in Phoenix, Az.? Are they expecting me to send each coin i have to a gemologist for authentication? Which I know they Do Not Do.
Hey Stinky - **** Caveat Here! I am not an attorney. The following is merely an opinion from a layperson and shall not be construed as legal advice **** I'm a little confused. I just read Phoenix City Code Part II, §19.1 Definitions. The code may be found in Municode at the following URL: http://library.municode.com/HTML/13485/level1/PII.html In Part II, §19.1.13, it states:Secondhand dealer/antique dealer means any person, other than a person who deals exclusively in secondhand books, magazines, handbills, and/or posters, engaged in conducting, managing, or carrying on the business of buying, selling, trading, or exchanging, or otherwise dealing in secondhand goods, wares, merchandise, or articles, whether such business be the principal or sole business so carried on, managed, or conducted or be merely incidental to, in connection with, or a branch or a department of some other business. This term shall not be construed to include trade-ins, dealers, or auctioneers in articles of property, the transfer of title to which is required by the laws of the state to be evidenced by written instrument and recorded in an appropriate office of State or County government. No mention in the definition does it explicitly state anything about Coins or precious metals. To your point, I don't see in Part II, §19.1.13 any mention about authentications, pearls, etc. May I ask what section you obtained that information? **** Caveat Here! I am not an attorney. The preceding is merely an opinion from a layperson and shall not be construed as legal advice ****
I have to pay the state of Alabama 2 dollars a year to have a "store" because I build computers and sell them to my clients preloaded with software. I also have to pay 96 dollars a year to have a busniess in general, plus another few dollars to "travel and deliver goods" Just pay your license man. Like every other business in the country.
I am quoating from the City of Phx. "Dealers of precious items." 44-1601. DIFINITIONS (LO4 ch 188, sec42. Eff. 1/1/06. 6. "Precious items" means: (c0 Seconhand pearls. Precious item does not include coins and unmounted gemstones accompained by a certificate from an independent, internationally recognized gem laboratory. The code if from their paperwork they gave me. The city people are saying that a coin dealer is a secondhand dealer but it is confliciting. thanks, wm. in px.
**** Caveat Here! I am not an attorney. The following is merely an opinion from a layperson and shall not be construed as legal advice **** Stinky - 44-1601 is a State of Arizona statute. Not a City of Phoenix statute. Your Questions and my layman's Answers Below:Q. Why do I have to have a secondhand dealers license to sell coins in Phoenix, AZ? A. I believe, based on my layman's limited perusal of the City of Phoenix Code, certain applicable mercantile businesses in the City of Phoenix have but only two choices for licensing: Antique Dealer or a Secondhand Dealer. That doesn't mean, however, that there isn't some other applicable statute or code elsewhere that supersedes otherwise.See City of Phoenix Code, Part II, Section 19-3: http://library.municode.com/HTML/13485/level3/PII_C19_AI.html#PII_C19_AI_s19-3 Q. Are they expecting me to send each coin I have to a gemologist for authentication? A. My layman's opinion is that pursuant to Arizona Revised Statute (44-1601, 6(c)), coin dealers would not need to. The aforementioned statute implies [to me] that a precious item does not include coins and unmounted gemstones. That doesn't mean, however, that there isn't some other applicable statute or code elsewhere that supersedes otherwise. See Arizona Revised Statutes 44-1601: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/44/01601.htm&Title=44&DocType=ARS All that said, I STRONGLY suggest that you seek the guidance and advice from a qualified and licensed attorney in your area to help ensure that your business meets statutory compliance. Good Luck! **** Caveat Here! I am not an attorney. The preceding is merely an opinion from a layperson and shall not be construed as legal advice ****
in most cases I would just suggest you go ahead and pay the fee - look at it as insureance so you don't get a fine. While I really don't have a need for a business license, my CPA went ahead, with my permission, and filed for one and I got it...only was about $25 one time, and then I only pay something like 2% every year that I stay in business. Now of course those numbers might be different in your area, but for me, that only mean something like $24 in taxes this year. Most likely I could have just kept right on going without one since this part-time business only makes a few thousand a year, but I would rather pay a few bucks as insureance so I don't spend time at the Jail! LOL Speedy
I agree with everyone else. Just go ahead and pay it. It's basically a tax and a way for them to generate additional revenue. In Indiana, they require all resturant workers (who serve alcohol) to have a liquor license. Again this is just a tax. Just pay the state the money and go about your business. Stinks, but that's the way it is:hammer:
thanks for your helpful advise. You are right that is a statw code not a city ordinance. thanks again.
The way I read this is that Coins are not a precious item, and unmounted gemstones that are accompanied by a certificate form an independent internationally recognized gem laboratory are not precious items. (The logical absurdity then follows that unmounted gemstones that are NOT accompanied by the certificate ARE precious items! If they have papers they are not precious, but if they don't have papers they are precious.)
