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theleafchronicle.com
Clarksville, Tenn. electronic reporting law rewritten to be business-friendly
Anti-fencing law recast to help Clarksville's used-item shops
By Brian Eason
July 18, 2011
A city law regulating used goods resellers has been rewritten to be more business-friendly, a nod to dozens of Clarksville business owners who spoke out against the proposal at a town hall meeting last month.
The law would require secondhand vendors such as antique shops, flea markets and junk dealers to report certain transactions to an online database, LeadsOnline. The idea is to create a digital paper trail to help police track organized criminals who steal large quantities of goods from stores and people's homes then sell them to junk dealers for a quick profit.
The rules drew stiff opposition from business owners and vendors who said the reporting requirements would be too time-consuming — to the point of driving some of them out of business. Some flea market and consignment store owners said they handle upwards of 1,000 items daily, many of them clothes and smaller items that lack serial numbers and defy easy tracking.
Ward 11 Councilwoman Kaye Jones, the ordinance's sponsor, said she worked with the Police Department and a small focus group to develop the compromise. The group had representatives from different types of businesses, including an antique shop, a consignment store and a flea market.
Jones said the biggest changes are that the ordinance is now more specific about which transactions need to be registered, and what types of businesses will be affected.
"It's much more user-friendly to businesses without taking the teeth out of it," Jones said.
Items that will be covered under the ordinance include electronics, jewelry, precious metals, tools, office equipment, coins and a broad category of "household goods" such as washing machines and A/C units.
Clothing that's noticeably used is now exempt from the reporting rules, but new clothing would have to be reported. Reports could be limited to basic descriptions — "five blue T-shirts with tags," for instance. Furs, pelts and skins would also need to be reported, new or used.
Antique furniture is exempt, as are vehicles and car parts. Private yard sales and charities are not considered secondhand dealers.
The changes would exempt consignments entirely, but consignment stores that buy goods from people directly might still need to register some items.
"A lot of people think they have to register anything they touch — and they really don't," Jones said.
A requirement that stores keep used goods for 15 days after they buy them was relaxed and would apply only to a handful of items, including jewels and precious metals, which are already subject to a 30-day law. Others include electronics, tools, office equipment and household appliances.
Needed compromise
One of the focus group members was Paige King, who owns Hodgepodge and Artifacts Emporium downtown.
King said she met with police detectives before any group meetings and was pleased with the compromise.
"We have so much stuff coming in and out of our places," King said. "They understood what a burden it was going to be on business owners."
King said the regulations would affect her vendors more than her personally because they often purchase used goods directly. But she said the changes will help protect those vendors who aren't likely to be used as a fence for stolen goods to begin with.
These are small-quantity vendors, King said. "Most people are out dealing junk — onesy, twosies. They're not buying out of a U-Haul."
As for the system's user-friendliness, Jones insists LeadsOnline will be much easier than an apparently unnoticed paper filing requirement that's on the books already. Few were aware of the existing requirement until the changes were proposed. When the proposal came up last month, business owners said they felt blindsided by unreasonable rules that could be construed to cover something as small as a fork or a pair of socks.
King said some will probably still balk at the compromise.
"It is going to be costly," King said, adding that those who take in the largest quantities may have to spend hours daily filing the reports. "There's still a lot of reporting that needs to be done if you take in electronics" or some of the other targeted goods.
Jones said the proposal is under legal review and will probably return to the Public Safety Committee next month. The committee approved the first proposal unanimously, but it was sent back by the full City Council for further study.
"We're really after the people who are selling the stolen goods," Jones said. "That's the point. And unfortunately, these businesses are in the line of traffic."