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Port Orange, FL Business Licensing & Operations: Secondhand Dealers (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Holding period
10 days, unaltered possession
Records kept
1 year after purchase
Report to police
Within 24 hours of purchase
Inspection frequency
At least monthly
Default penalty
Up to $500 fine or 60 days jail
Exempt sellers
Vehicles, used clothing, furniture, thrift shops

Summary

Port Orange requires every secondhand dealer, pawnbroker and junk dealer to hold an annual business tax receipt and to keep detailed purchase records for a year. Sellers must be identified by driver's license, thumbprint and signature, and every item bought must sit untouched for ten days before resale so police can trace stolen property.

Each secondhand dealer shall retain possession of any secondhand property purchased by him in an unaltered condition for a period of ten days following the purchase. However, this section may not be construed to limit the right of the secondhand dealer to transfer ownership of the secondhand property prior to the expiration of the required holding period, provided he retains physical possession of the secondhand property for the remainder of the holding period. Further, this section shall not prevent any secondhand dealer from allowing the true owner of an article of secondhand property to redeem, repurchase or recover the article at any time within such ten-day period.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 43 | Land Development Code: Supplement 38).

Full Breakdown

City Code Article VII (§§ 18-196—18-202) covers any person buying, selling or dealing in secondhand articles of property in Port Orange, Florida, and classifies pawnbrokers, junk dealers and precious metals dealers as secondhand dealers under § 18-196. Dealers in used motor vehicles, used clothing, used furniture, thrift shops run by bona fide religious or charitable groups, and used-firearms dealers governed instead by Fla. ch. 538, pt. 335 are exempt under § 18-197. Every purchase must be logged under § 18-198: the seller's full name, address, phone numbers, employer, age, race, sex, signature, driver's license or other government ID number, a second identifying number and a thumbprint, plus a specific description of the item (type, material, manufacturer, serial number or marking), quantity, date and price paid.

A copy of that record must reach the Port Orange chief of police within 24 hours of the purchase. Section 18-199 then locks the item in place: the dealer must hold it, unaltered, in physical possession for ten days, though the dealer may sell the item to another licensed dealer during that window as long as physical possession and the ten-day clock continue, and the true owner may redeem it at any time within the ten days. Section 18-200 bars buying from anyone intoxicated, under 18, or who gives obviously false ID information.

Section 18-201 gives the chief of police or a designee the right to inspect the dealer's premises and required records at least once a month during business hours. Section 18-202 requires an annual business tax receipt from the city before a secondhand dealer, precious metals dealer, pawnbroker or junk dealer can operate; a dealer already taxed for selling new property is exempt from this extra fee but must still follow the article's other rules.

Violations & Fines

Port Orange enforces Article VII through the police department's monthly inspections under § 18-201. Because the article carries no separate penalty clause, violations default to City Code § 1-8: a fine up to $500.00, up to 60 days in jail, or both, with each day a violation continues charged as a separate offense, plus mandatory court costs.

Frequently Asked Questions

Who counts as a secondhand dealer in Port Orange?
Anyone who buys, sells or otherwise deals in used tangible personal property, whether as principal or agent, is a secondhand dealer under § 18-196, and the ordinance specifically classifies pawnbrokers, junk dealers and precious metals dealers the same way. It covers items like jewelry, tools, bicycles, electronics and musical instruments, but excludes dealers who only handle used vehicles, clothing or furniture.
How long must a Port Orange dealer hold purchased items before reselling?
Ten days from the date of purchase under § 18-199, and the item must stay in the dealer's unaltered physical possession that whole time. A dealer can transfer ownership to another licensed dealer sooner, but only if physical possession and the ten-day clock continue uninterrupted, and the original owner can redeem the item at any point during those ten days.
What records does a secondhand dealer have to keep?
Under § 18-198, the dealer records the seller's name, address, phone numbers, employer, age, race, sex, signature, a government-issued ID number, a second identifying number and a thumbprint, along with a full description, quantity, date and price of the item. A copy goes to the Port Orange police chief within 24 hours of the purchase.
Can Port Orange police inspect a secondhand shop without notice?
Yes. Section 18-201 lets the chief of police or a designee inspect the premises and required records at least once every month during regular business hours to confirm the retention and holding-period rules in §§ 18-198 and 18-199 are being followed.

Sources & Official References

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