Those who know me well, know that for me, almost everything
in life is defined in humorous terms.
And, our blog is usually reserved for things we think of as fun or
interesting. However, today I'm posting
something on the more serious side. If
you own, work, consign, sell or buy from an antiques or second hand shop, you may find the
following article of interest. The
boogie man is not far from your door.
The following article will also appear in the NEW CENTURY COLLECTOR July issue.
by Dennis Barker
Publisher, New Century Collector
It
seems that California is about to toss its antiques industry off a cliff. Having failed in the past, not unlike the Phoenix, the idea of applying
pawnshop merchandise reporting laws to antiques shops seems to have resurrected
itself. Pushed by the California
Pawnbrokers Association, and what would have to be considered anti business
political interests, bill AB 391, was passed by the California Assembly in
April, and sent for approval to what appears to be a receptive Senate. Most observers believe the democratic
Governor will give the final push, sending California antiques shops careening into the
abyss.
The
crux of the law requires antiques shops to report merchandise traded, purchased
or consigned to a central police database. Along with the electronic database
submission, dealers must also fingerprint the seller, and archive a copy of the
prints and the seller's photo identification for police inspection. And it gets worse. All newly acquired merchandise
must be held in a segregated holding area for 30 days before it can be
sold. In an economy where many antiques
businesses are hanging by their fingernails, the prospect of hundreds of
dollars in new licensing fees, computer equipment, increased labor, and
additional space to meet the holding requirements, is discouraging at best. If it
all seems a little Orwellian, that's because it is. No antiques shop can
thrive, or perhaps even survive given the repressive nature of this law.
And,
why should conservative Utahan's care about what goes on in "weird California", a
state that thrives on the cutting edge of insanity? It's simple; the Utah Legislature is also
edging our antiques industry dangerously close to the cliff. In 2007 Utah Sate pawnbroker
regulations were amended to include secondhand merchandise dealers. The
amendment defines a secondhand dealer as: (a)
“Secondhand merchandise dealer” means an owner or operator of a business that: (i)
deals in the purchase, exchange, or sale of used or secondhand merchandise or
personal property; and (ii) does not function as a pawnbroker.
Since
2008, during each Utah Legislative season, there has been either threat or
attempt to amend the Utah Pawnshop and Secondhand Merchant Transaction
Law to include antiques shops. Fortunately, each year, the UADA (Utah Antiques Dealers Association)
has successfully made a case for the retention of our 2009 exemption from pawnbroker
regulations. However, the Utah Pawnshop lobby continues its efforts to include
the antiques industry.
If
we're not careful, we are all going to end up fingerprinting little old ladies
selling their teacups. As an officer of
the UADA, I spend a lot of time following the issue. I go to Utah House & Senate hearings,
meetings with legislators, and the Utah Pawn & Secondhand Merchandise
advisor board meetings; everywhere I think we might get a tidbit of
information. What I hear is often
discouraging, and it's not going to help to ignore reality. Police, the Division of Consumer Protection, Pawnshop
owners, their lobbyists, and friends in the legislature, are all pressing for
universal compliance. Regardless of our
current exclusion, antiques shops, as an isolated faction of the secondhand industry
will sooner or later be nothing more than another meal for the beast.
There
are white hats, and there are black hats. Pawnbroker regulations are, you
guessed it, for pawnbrokers. No other
category of secondhand business has exhibited the social or legal problems that
originally forced the regulation of pawnshops. And, it is unreasonable to think
that since they share the commonality of dealing in used goods, they are
somehow wedded. They are not.
It
is appropriate and right, that Antiques, collectibles, retro, vintage and
resale shops resist inclusion under this burdensome law. But the larger truth
is that although many other secondhand businesses are already caught in the
web, their inclusion is no more fitting.
It is largely a waste of private and public resources, all to appease
traditional bad actors in the used goods community.
So,
what's to be done? Only by all
secondhand businesses acting in a communal effort, will the Legislature
understand and address our problem. There
is as we know, strength in numbers. Whether your business is already caught in
the snare, and is currently complying with this law, or is one of the thousands
of second hand businesses that are surely in their sights, stand together. This
is Utah, not California, and a majority of our
Legislators stand squarely in support of small business. Most are unaware of the problem. We need to
educate them. Find out who your House
member and State Senator are, and call, send a letter or email, and let them
know your business is not a pawnshop and should not be included in their regulatory
mire.
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