Final Regulations Issued for Secondhand Dealers

The new regulations, published in the September 21, 2012 issue of the D.C. Register, exempt the following types of businesses from having to obtain a secondhand dealer license:

·         Used books, magazines, vinyl records, cassette tapes, compact discs, VHS videos, DVDs, Blu-ray discs, or other similar recorded media;

·         Used furniture, home furnishings, architectural salvage, or pianos;

·         Used rugs or tapestries;

·         Used clothing;

·         Household property sold at a garage sale or yard sale;

·         Paintings, sculptures, drawings, etchings, engravings, photographs, lithographs, or prints;

·         Jewelry that:

• • Does not contain any precious metals (such as gold, silver, platinum, or palladium) and/or precious stones (such as diamonds, rubies, sapphiores, emeralds, or pearls); or
  • Contains precious metals and/or precious stones and has been purchased from an estate sale or certified auction. The seller must retain a written record that any such jewelry was purchased from an estate sale or auction.  

·         Merchandise that was received as a return or exchange, if the merchandise was originally purchased as new from the person receiving it; and

·         Factory rebuilt or refurbished merchandise.

Businesses selling the types of items listed above will have to obtain a General Business License  which can be submitted and obtained online.  

For businesses that still need to maintain a secondhand dealer license, the requirements for a criminal background check have been simplified. Previously, licensees were required to obtain a new criminal background check every two years. Under the revised regulations, licensees will be required to obtain a criminal background check once every 5 years. If the licensee had to obtain a background check as a condition to receiving any other type of DC business license, they do not have to obtain a new background check for their secondhand dealer license.