Washoe County, Nevada

DATE:
TO:
FROM:
THROUGII:
SUBJECT:
SUMMARY
April 8,2009
WASHOE COUNTY
"Dedicated To Excellence in Public Service"
www,washoecounty.us
Sr,rrr Rnponr
BOARD MEETING DATE: April 28,2009
Board of County Commissioners
Bob Webb, AICP, Planning Manager, Community Development
3 28 -3 623, bwebb @washoecounty.us
Adrian Freund, FAICP, Director of Community Development
Approve a Business Impact Statement related to an ordinance amending
the Washoe County Code at Chapter 25 by adding requirements for record
keeping by junk dealers; adding restrictions on the purchase of junk from
certain persons; modifying the description of items in a junk shop or store;
referencing state law for junk dealers and secondhand stores; ffid,
modifying the keeping of records by secondhand stores and pawnbrokers;
and further, determine that the ordinance does not impose a direct and
significant economic burden upon a business, nor does it directly restrict
business.
the formation, operation or expansion of a
(All Commission Districts)
The County Commission will consider approving the attached Business Impact Statement
related to an ordinance amending the Washoe County Code at Chapter 25 by adding
requirements for record keeping by junk dealers; adding restrictions on the purchase of
junk from certain persons; modiSring the description of items in a junk shop or store;
referencing state law for junk dealers and secondhand stores; and, modifying the keeping
of records by secondhand stores and pawnbrokers. The Commission will further consider
determining that the ordinance does not impose a direct and significant economic burden
upon a business, nor does it directly restrict the formation, operation or expansion of a
business.
Coun1t Prioritlt/Goal supported by this item: Support a Healthy Economy.
PREVIOUS BOARD ACTION
The Washoe County Commission introduced and held a first reading of the subject
ordinance at their meeting on April 14,2009.
CMl/ACMI,DII4O
U-TT fu
RiskMgt. N/A
HR N/A
Director
F
AGENDA trEM # lr

BACKGROUND
Washoe County Commission Meeting of April 28,2009
Page 2 of3
Nevada Revised Statutes sections 237 .030 through 237.100 require that Washoe County
prepare a Business Impact Statement (BIS) for any amendments to Washoe County Code
that exercises legislative powers, or imposes, increases or changes fees charged to
businesses in Washoe County. Further, the BIS must be provided to any potentially
impacted businesses or interested parties affected by the proposed amendments. The
content of a BIS is contained within NRS 237.090. The pertinent NRS sections are
included as Attachment C to this staff report.
The subject ordinance proposes to add record keeping requirements for junk dealers, add
restrictions on the purchase of junk from certain persons, and modify the record keeping
requirements for secondhand stores and pawnbrokers. Pursuant to NRS 237.080, staff
prepared an initial BIS to mail to affected business owners and interested trade
associations. This initial BIS, together with an extract from the proposed amendments to
Washoe County Code Chapter 25, was mailed on March 6, 2009 (see Attachment B).
Small businesses provided a copy included all currently licensed secondhand stores and
pawnbrokers (there are no currently licensed junk dealers in unincorporated Washoe
County); trade associations included the Nevada Taxpayers Association, the North
Tahoe Chamber of Commerce, the Reno-Sparks Chamber of Commerce, the Retail
Association of Nevada, and the Sparks Chamber of Commerce.
The affected business owners and trade associations were encouraged to provide written
comments by April 1,2009 for incorporation into a final BIS and this staff report. No
written comments were received. Pursuant to NRS 237.080(2), the Commission may
presume that the proposed ordinance will not impose a direct and significant burden upon
a business, or directly restrict the formation, operation or expansion of a business. Based
on NRS 237.080(5), staff prepared the final BIS which is included as Attachment A to
this staff report.
The Commission should consider the final BIS at the hearing for the second reading and
possible adoption of the ordinance and, based on no comments received and the final
BIS, determine that the ordinance does not impose a direct and significant economic
burden upon a business, nor does it directly restrict the formation, operation or expansion
of a business.
FISCAL IMPACT
There are currently 10 licensed secondhand stores and pawnbrokers within
unincorporated Washoe County. As noted earlier, there are no currently licensed junk
dealers in the unincorporated County. There are no new licensing fees contained within
the proposed amendments and, therefore, there is no fiscal impact to Washoe County.
RECOMMENDATION
Approve a Business Impact Statement related to an ordinance amending the Washoe
County Code at Chapter 25 by adding requirements for record keeping by junk dealers;
adding restrictions on the purchase of junk from certain persons; modifuing the

Washoe County Commission Meeting of April 28,2009
Page 3 of3
description of items in a junk shop or store; referencing state law for junk dealers and
secondhand stores; and, modi$ring the keeping of records by secondhand stores and
pawnbrokers; and further, determine that the ordinance does not impose a direct and
significant economic burden upon a business, nor does it directly restrict the formation,
operation or expansion of a business.
POSSIBLE MOTION
"I move to approve a Business Impact Statement related to an ordinance amending the
Washoe County Code at Chapter 25 by adding requirements for record keeping by junk
dealers; adding restrictions on the purchase of junk from certain persons; modiffing the
description of items in a junk shop or store; referencing state law for junk dealers and
secondhand stores; and, modifying the keeping of records by secondhand stores and
pawnbrokers; and further, determine that the ordinance does not impose a direct and
significant economic burden upon a business, nor does it directly restrict the formation,
operation or expansion of a business."
CRWbw
Attachments: A. Business Impact Statement
B.
C.
XC: Business License staff
Letter to Business Owners and Trade Associations
Extracts of NRS

Attachment A, Business Impact Statement
Community Development
"Dedicated to Excellence in Public Service"
Adrian P. Freund, FAICP, Community Development Director
April 8, 2009
BUSINESS IMPACT STATEMENT
The following Business lmpact Statement (BlS) was prepared pursuant to Nevada
Revised Statutes (NRS) section 237.090 to address the proposed impact of changes to
the Washoe County Business License Ordinance (WCC Chapter 25). Specifically, the
proposed changes include amending the Washoe County Code by adding certain
requirements for junk dealers, secondhand stores and pawnbrokers.
The proposed amendments bring County Code into alignment with the provisions of
Nevada Revised Statutes (NRS) Chapters 244 and 647. A new section of Code is
proposed regulating the records to be kept by licensed junk dealers and this new section
aligns County Code with the provisions of NRS 647.030. A second new proposed Code
section prohibits the purchase of junk from certain persons and this section incorporates
the regulations established in NRS 647.050. Proposed amendments to County Code
also include the types of junk regulated by NRS 647.015, refer to NRS Chapters 244 and
647 for those State Law requirements, and regulate the records of secondhand stores
and pawnbrokers in accordance with the provisions of NRS G47.140.
This Business lmpact Statement will be available for public review at both the Washoe
County business license offices and the Washoe County Clerks' Office after the date of
this letter (March 6, 2009). Trade associations and/or owners and officers of businesses
likely affected by the proposed ordinance changes may submit data or arguments to the
Washoe County Commission regarding the proposed ordinance changes. Such
businesses include, but are not limited to: junk dealers, secondhand stores and
pawnbrokers. Any data or arguments should address whether the proposed ordinance
changes impose a direct and significant economic burden upon a business, or directly
restrict the formation, operation, or expansion of a business. Data or arguments must
be submitted no later than April 1, 2009 to the following address:
Washoe County Department of Community Development
Attn: Business License
PO Box 11130
Reno, Nevada 89520-0027
e-mail: bwebb@washoecounty.us
Physical address: Washoe County Administrative Complex, Building A,
1001 East Ninth Street, Reno, Nevada
Fax: (775) 328-6133
The Washoe County Commission will introduce and conduct a first reading of the
proposed County Code changes on April 14, 2009. The Commission will hold a public
hearing to consider approving the business impact statement, and to conduct a second
reading and possible adoption of the proposed County Code changes on April 28, 2009.
lf adopted, the new ordinance would take effect no earlier than May 8, 2009.
This Business lmpact Statement will be modified as required to respond to any data or
arguments submitted by April 1, 2009. The Business lmpact Statement, modified if
Business Impact Statement page A-l

Subject:
Date:
Page:
Business lmpact Statement, Proposed Ordinance Changes to WCC Chapter 25
April B, 2009
2
required, will be considered for approval by the Washoe County Commission during the
public hearing on April 28,2009.
1. The following constitutes a descnption of the manner in which comment was solicited
from affected businesses, a summary of their response, and an explanation of the
manner in which other interesfed persons may obtain a copy of the summary.
Current Washoe County pawnbroker license holders were notified of the proposed
ordinance changes by letter on March 6, 2009 with a summary of those changes and
a copy of the proposed ordinance. The license holders were also provided
information on the dates and times of the Washoe County public meetings on the
ordinance changes. There are no currently licensed secondhand stores or junk
dealers in the unincorporated County. Additionally, Chambers of Commerce and
trade associations were provided the same notification.
Businesses, chambers, and trade associations are encouraged to submit written
comments prior to April 1, 2009 or to attend the meetings and speak during public
comment. Comments received prior to April 1, 2009 will be incorporated into the
Business lmpact Statement and the staff report for approval of the Statement.
Comments received during the meetings will be entered into the public record.
Persons who do not provide written comments by April 1, 2009 and who are
interested in commenting on the Business lmpact Statement are asked to provide
their comments either in person or writing to the County Commission during the
approval of the Business lmpact Statement (and the second reading/adoption of the
amendments to Chapter 25) on April 28, 2009.
Interested persons may obtain a copy of the Business lmpact Statement at the Office
of the Washoe County Clerk, 75 Court Street, Room 131, Reno, Nevada (775-328-
3260) or at the Washoe County Department of Community Development, Business
License, 1001 E. Ninth Street, Bldg. A, Reno, Nevada (775-328-3733). A copy of the
Business lmpact Statement is also posted on the Washoe County internet site at
www.washoecountv.us; select "business licenses" from the box labeled Business
and then choose "Business License Ordinance Changes".
No written responses were received for this Business lmpact Statement.
2. The following constitufes a description of the estimated economic effect of the
proposed rule on the businesses whlch the rule is to regulate, including, without
limitation, both adverse and beneficial effects, and both direct and indirect effects:
Adverse effects: Persons operating a junk dealer business will be required to
record certain details within their business records and to not
purchase junk from certain types of people. However, State Law
already regulates both record keeping and purchase of junk, so
the County Code amendments are not additional requirements for
any junk dealer business. Likewise, secondhand store owners
and pawnbrokers will also be required to ensure their records are
accurate and complete. This requirement is also currently within
State Law, so the proposed amendments are not an additional
burden.
Beneficial effects: The proposed amendments align County Code with State Law
regulations and clearly place those regulations on the holders of
County business licenses. The amendments, therefore, enable
Business Impact Statement page A-2

Subject:
Date:
Page:
Business lmpact Statement, Proposed ordinance changes to wcc chapter 25
April 8, 2009
3
business owners to adhere to state Law by following county code
regulations.
Direct effects-. Junk dealer owners will be required to modify their business
processes, if required, so that their business records are properly
maintained and place safeguards to ensure that they purchase
junk from the appropriate people. Secondhand store owners and
pawnbrokers will need to review their business processes to
confirm that their records comply with county code and state
Law.
lndirect effecfs: There are no known indirect effects from the proposed
amendments.
3. The following consfrtufes a description of the methods that washoe county
considered to reduce the impact of thte proposed rule on busrnesses and a statement
regarding whether any, and if so which, of these methods were used:
These proposed amendments result from State Laws already in effect, so one
assumes that such evaluation was done by the State Legislature prior to adopting
the regulations. The County cannot fail to incorporate the pertinent State Law
regulat-ions into County Code, so the proposed amendments are a necessity. Other
thin tracking State Law requirements to help ensure that affected businesses are not
burdened by having to reconcile inconsistencies between state law and county code,
the County'did no--t consider any methods to reduce the impact of the proposed
amendments junk dealers, secondhand stores or pawnbrokers since the
amendments mirror current State Law.
The staff report prepared for the Washoe Gounty Commission to support these
proposed amendments is dated March 25,2009. The staff report for the approval of
the business impact statement is dated April 8, 2009. A copy of either staff report is
available from ihe Washoe County Department of Community Development (attn:
Bob Webb, Planning Manager)'
4. The fottowing constitutes fhe estimated cosf fo Washoe County for enforcement of
the proPosed rule:
Any enforcement actions against junk dealers, secondhand store owners or
pawnbrokers will be the resp6nsibiliiy of the County's Code Enforcement Officers
iCgO") The CEOs respond to complaints or referrals from other government
agencies, it is not anticipated that there will be proactive enforcement of this code
rJquirement. Such activities will be included as part of the normal duties for the
CEOs; therefore, there are no anticipated increases in costs to Washoe County to
enforce the proposed Code amendments. Additionally, any such activities are not
anticipated to significantly increase the CEOs' workload'
S. The following constitutes an estimate of the total annual amount Washoe County
expecfs to c-otlect from new fees in the proposed rule and the manner in which the
money will be used:
There are no new fees contained within the proposed amendments'
Business Impact Statement
page A-3

Subject:
Date:
Page:
Business lmpact Statement, Proposed Ordinance Changes to WCC Chapter 25
April 8,2009
4
6. The following constitutes an explanation of why any provisions of fhese amendments
that duplicate or increase the stringency of federal, sfafe or local standards
regulating the same activity are necessary:
The proposed amendments duplicate existing State Law requirements for record
keeping by junk dealers, restrictions on the purchase of junk from certain persons,
and record keeping by secondhand stores and pawnbrokers. Only deputies within
the Sheriff's Office are authorized to enforce State Law; other County enforcement
officials are limited by both State Law and County Code to only enforce County
regulations. Therefore, these existing State Law provisions must be included within
County regulations to permit County enforcement officials to enforce these provisions
of law.
EXTRACT OF PROPOSED AMENDMENTS
The following are the proposed amendments pertinent to this Business lmpact
Statement. The proposed amendments may be obtained from the Washoe County
Department of Community Development, Business License, 1001 E. Ninth Street, Bldg.
A, Reno, Nevada (775-328-3733). A copy of the proposed amendments is also posted
on the Washoe County internet site at wwr,v.washoecountv.us; select "business
licenses" from the box labeled Business and then choose "Business License Ordinance
Changes".
(draft ordinance attached)
Business Irnpact Statement page A-4

Attachment B, Letter to Business Owners and Trade Associations
Gommunity Development
"Dedicated to Excellence in Public Service"
Adrian P. Freund, FAICP, Community Development Director
March 6. 2009
Suspense: April 1,2009
Subject: Business lmpact Statement for Proposed Amendments to the Washoe County
Business License Ordinance
Dear Business Owner or Interested Party:
Nevada Revised Statutes sections 237.030 through 237.100 require that Washoe County
prepare a Business lmpact Statement for any amendments to Washoe County Code that
exercises legislative powers, or imposes, increases or changes fees charged to businesses in
Washoe County. Further, the Business lmpact Statement must be provided to any potentially
impacted businesses or interested parties affected by the proposed amendments.
You have been identified as a potentially impacted business or an interested party (e.g., a
Chamber of Commerce) for proposed amendments to the Washoe County Business License
Ordinance. Please review the enclosed Eusrness lmpact Statement closely.
I encourage you to submit any written comments on either the proposed amendments or the
Business lmpact Statement by April 1,2009. lf you are unable to provide written comments by
the suspense date, I also encourage you to attend the public meetings of the Washoe County
Commission on April 14,2009 (first reading of ordinance) and/or April 28, 20Og (approval of the
business impact statement and second reading/adoption of ordinance) to provide your
comments.
Please do not hesitate to contact me if you have any questions concerning the proposed
amendments or the Business lmpact Statement. My phone number is (775) 328-3629 and my
e-mail address is bwebb@washoecounty.us.
Enclosure
Business License files
&6 Oese
Bob Webb
Planning Manager
Letter to Business Owners and Trade Associations page B-1

List of affected business owners and interested trade associations who received the letter:
CHILDREN'S CABINET OF
INCLINEVILLAGE
PAGANELLI JOHN -
CHAIRMAN
PO BOX 3562
INCLINE VILLAGE NV 89450
GREAT BASIN
PAWNBROKERS INC
SHIMKOVSKY CRIS - PRES
PO BOX 33850
RENO NV 89533
RESELLPAWN
JACK W WILLIAMS
I1355 S VIRGINIA ST BOX E
RENONV 895II
VALUE PAWN
GREAT BASIN
PAWNBROKERS INC
PO BOX 33850
RENO I.n/ 89533
RETAIL ASSOCIATION OF
NEVADA
C/O MARY LAU
410 S MINNESOTA ST
CARSON CITYNV 89703
CRYSTALBAY JEWELRY &
LOAN
GREAT BASIN
PAWNBROKERS INC
PO BOX 33850
RENO NV 89533
INSTANT AUTO PAWN
MUELLER WILLIAM D IV
PO BOX 10076
RENONV 89510
UNTIL PAYDAY
GREAT BASIN
PAWNBROKERS INC
PO BOX 33850
RENO NV 89533
RENO-SPARKS CHAMBER OF
COMMERCE
C/O MICHAEL D
PENNINGTON
PO BOX 3499
RENO NV 89505
NEVADATAXPAYERS
ASSOCIATION
C/O CAROLEVILARDO
501 S CARSON ST. STE 301
CARSON CITY NV 89703
FAST PAWN
GREAT BASIN
PAWNBROKERS INC
PO BOX 33850
RENO NV 89533
PRESBYTERIAN WOMENS
THRIFT SHOP
PRESBYTERIAN WOMENS
ASSOCIAT
736 MCCOURRYBLVD
INCLINE VILLAGE NV 89451
VALLEY JEWELRY & LOAN
PRECISION REPAIR INC
4880 SUN VALLEY BLVD
SUN VALLEY NV 89433
SPARKS CHAMBEROF
COMMERCE
C/O LEN STEVENS
83I VICTORIAN AVE
SPARKS }N/ 8943I
NORTHTAHOE CHAMBEROF
COMMERCE
C/O STEVE TESHARA
380 N LAKE BLVD
TAHOE CITY CA 96145
Letter to Business Owners and Trade Associations page B-2

Attachment C, Extract of NRS
NRS 237.030 Definitions. As used in NRS 237.030 to 237.150, inclusive, unless the context
otherwise requires, the words and terms defined in NRS 237.040,237.050 and237.060 have the
meanings ascribed to them in those sections.
(Added to NRS by 7999,2072; A2001,755)
NRS 237.040 "Business" defined. "Business" means a trade or occupation conducted for
profit.
(Added to NRS by 1999,2072)
NRS 237.050 "Local government" defined. "Local government" means a political
subdivision of this State, including, without limitation, a city, county, irrigation district, water
district or water conservancy district.
(Added to NRS by 1999,2072)
NRS 237.060 o'Rule" defined.
1. "Rule" means:
(a) An ordinance by the adoption of which the goveming body of a local government exercises
legislative powers; and
(b) An action taken by the governing body of a local government that imposes, increases or
changes the basis for the calculation of a fee that is paid in whole or in substantial part by
businesses.
2. "Rule" does not include:
(a) An action taken by the governing body of a local governnent that imposes, increases or
changes the basis for the calculation of:
(1) Special assessments imposed pursuant to chapter 271 of NRS;
(2) Impact fees imposed pursuant to chapter 2788 of NRS;
(3) Fees for remediation imposed pursuant to chapter 540,{ of NRS;
(4) Taxes ad valorem;
(5) Sales and use taxes; or
(6) A fee that has been negotiated pursuant to a contract between a business and a local
government.
(b) An action taken by the governing body of a local government that approves, amends or
augments the arurual budget of the local government.
(c) An ordinance adopted by the governing body of a local government pursuant to a provision
of chapter 271,277A,278,278A,2788 or 350 of NRS.
(d) An ordinance adopted by or action taken by the governing body of a local government that
authorizes or relates to the issuance of bonds or other evidence of debt of the local government.
(Added to NRS by 1999, 20'7 2; A 2001, 7 55; 2005, 237 0)
NRS 237.070 Applicability. The provisions of NRS 237 .030 to 237.150, inclusive, do not
apply with respect to a rule for which a local government does not have the authority to consider
less stringent alternatives, including, without limitation, a rule that the local government is
required to adopt pursuant to a federal or state statute or regulation or pursuant to a contract or
agreement into which the local government has entered.
(Addedto NRS by 1999, 2072)
NRS 237.080 Prerequisites to adoption of rule by local government.
1. Before a goveming body of a local government adopts a proposed rule, the governing body
or its designee must notiff trade associations or owners and offrcers of businesses which are
likely to be affected by the proposed rule that they may submit data or arguments to the
governing body or its designee as to whether the proposed rule will:
Extract ofNRS page C-I

(a) Impose a direct and significant economic burden upon a business; or
(b) Directly restrict the formation, operation or expansion of a business.
Notification provided pursuant to this subsection must include the date by which the data or
arguments must be received by the governing body or its designee, which must be at least 15
working days after the notification is sent.
2. If the governing body or its designee does not receive any data or arguments from the trade
associations or owners or officers of businesses that were notified pursuant to subsection I within
the period specified in the notification, a rebuttable presumption is created that the proposed rule
will not impose a direct and signifrcant economic burden upon a business or directly restrict the
formation, operation or expansion of a business.
3. After the period for submitting data or arguments specified in the notification provided
pursuant to subsection I has expired, the governing body or its designee shall determine whether
the proposed rule is likely to:
(a) Impose a direct and significant economic burden upon a business; or
(b) Directly restrict the formation, operation or expansion of a business.
If no data or arguments were submitted pursuant to subsection 1, the governing body or its
designee shall make its determination based on any information available to the governing body
or its designee.
4. If the governing body or its designee determines pursuant to subsection 3 that a proposed rule
is likely to impose a direct and significant economic burden upon a business or directly restrict
the formation, operation or expansion of a business, the governing body or its designee shall
consider methods to reduce the impact of the proposed rule on businesses, including, without
limitation:
(a) Simplifying the proposed rule;
(b) Establishing different standards of compliance for a business; and
(c) Modiffing a fee or fine set forth in the rule so that a business is authorized to pay a lower fee
or fine.
5. After making a determination pursuant to subsection 3, the governing body or its designee
shall prepare a business impact statement.
(Added to NRS by 1999,2072; A2005,1478)
NRS 237.090 Consideration of business impact statement at hearing conducted to adopt
proposed rule required; posting of agenda including adoption of rule before business
impact statement available for public inspection prohibited.
1. A business impact statement prepared pursuant to NRS 237 .080 must be considered at any
hearing conducted to adopt a proposed rule and set forth the following information:
(a) A description of the manner in which comment was solicited from affected businesses, a
sunmary of their response and an explanation of the manner in which other interested persons
may obtain a copy of the summary.
(b) The estimated economic effect of the proposed rule on the businesses which it is to regulate,
including, without limitation:
(1) Both adverse and beneficial effects; and
(2) Both direct and indirect effects.
(c) A description of the methods that the governing body of the local government or its designee
considered to reduce the impact of the proposed rule on businesses and a statement regarding
whether the governing body or its designee actually used any of those methods.
(d) The estimated cost to the local government for enforcement of the proposed rule.
(e) If the proposed rule provides a new fee or increases an existing fee, the total annual amount
the local government expects to collect and the manner in which the money will be used.
Extract of NRS page C-2

(f) If the proposed rule includes provisions which duplicate or are more stringent than federal,
state or local standards regulating the same activity, an explanation of why such duplicative or
more stringent provisions are necessary.
2. The governing body of a local government shall not include the adoption of a proposed rule
on the agenda for a meeting unless a business impact statement has been prepared and is available
for public inspection at the time the agenda is first posted.
(Added to NRS by 1999,2073; A2005,1479)
NRS 237.100 Objection to adopted rule: Petition; procedure.
l. A business that is aggrieved by a rule adopted by the governing body of a local government
on or after January 1, 2000, may object to all or a part of the rule by filing a petition with the
governing body that adopted the rule within 30 days after the date on which the rule was adopted.
2. A petition frled pursuant to subsection 1 may be based on the following grounds:
(a) The governing body of the local government or its designee failed to prepare a business
impact statement as required pursuant to NRS 237.080; or
(b) The business impact statement prepared by the governing body or its designee pursuant to
NRS 237.080 did not consider or significantly underestimated the economic effect of the rule on
businesses.
3. After receiving a petition pursuant to subsection 1, the governing body of a local govenrment
shall determine whether the petition has merit. If the governing body determines that the petition
has merit, the governing body may take action to amend the rule to which the business objected.
4. Each governing body of a local government shall provide a procedure for an aggrieved
business to object to a rule adopted by the governing body. The procedure must be filed with the
clerk of the local government and available upon request at no charge.
(Added to NRS by 1999,2073; A2005, 1479)
Extract ofNR,S
page C-3

REGULAR TEXT: NO CHANGE IN LANGUAGE
W: DELETE LANGUAGE
Attachment A: Working Copy, Propgsed Changes to WCC Chapter 25
WORKING COPY
INFORI4ATION ONLY
BOLD TEXT: NEW LANGUAGE
***********************************************************
SUMMARY: An ordinance amending Washoe County Code at chapter 25
by adding certain requirements for junk dealers,
secondhand stores and pawnbrokers.
BrLL No. /SZ(
ORDINANCE NO.
AN ORDINANCE AMENDING THE WASHOE COUNTY CODE AT CHAPTER 25 BY
ADD]NG REQUIREMENTS FOR RECORD KEEPING BY JUNK DEALERS, ADDING
RESTRICTIONS ON THE PURCHASE OF JUNK FROM CERTAIN PERSONS,
MODIFYING THE DESCRIPTION OF ITEMS IN A JUNK SHOP OR STORE,
REFERENCING STATE LAW FOR JUNK DEALERS AND SECONDHAND STORES,
MODIFYING THE KEEPING OF RECORDS BY SECONDHAND STORES AND
PAWNBROKERS; AND, PROVIDING OTHER MATTERS PROPERLY RELATING
THERETO.
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WASHOE DOES
ORDAIN:
SECTION 1. Chapter 25 of
amended=by adding thereto
and 3 below.
SECTION 2.
the Washoe County Code is hereby
the provisions set forth in Sections
25.2L9 Records to be kept by ].icensed junk dealers,'
exanination by ]-icense division or sheriff ,' failure to keep
records is grounds for denial or revocation of license.
1. Every person who is licensed. as a junk dealer in the
unincorporated area of llashoe County shal.J. keep records
reflecting the description and asrount of junk purchased by him
each day, together with the full nanne, residence, driver's
license nnmber, vehicJ.e license nr:rnber and general description
of persons from whom the purchases were made.
Proposed changes to WCC Chapter 25

2. The license division or sheriff, or any of his deputies,
may exErmine the records of any person who is licensed as a junk
dealer in the unincorporated area of llashoe County.
3. FaiLure to keep the records required by this section is
grounds for denial, revocation or nonrenewal of a junk dealer
license.
[S2, Ord. No. XKXXI
SECTION 3.
25.224 Purchase of junk from certain persons prohibited. No
Person licensed as a junk deal.er in the unincorporated area of
Washoe County shall purchase junk from:
1. Any person appearing to be intoxicated.
2. Any person appearing to be in any aJcnormal mental.
condition.
3. Any minor, without the written consent of a parent or
guardian of the minor. The written consent shaIl. be retained as
part of the records required by section 25.2L9.
lS3, Ord. No. X,OO(I
SECTION 4. Section 25.2I5 of the Washoe County Code is hereby
amended to read as foll-ows:
25.2L5 License requi-red and provisions of state ]'aw.
1. It is unlawful to operate or carry on the business of a
junk dealer or to keep any junk shop, store or place for the
purchase or sale of junk, rags, metallic cables, wires, ef=d
ropes, cordag'e, nrbber, paper, bagging, oId iron, brassf copper,
J-ead, zinc, tin, steeJ. and other metals, or emp+jf bottles
without having first obtained a l-icense therefor as provided in
sections 25.2I5 to 25.225, incl-usive.
2. The requirements of sections 25.2L5 Eo 25.225, inclusive,
are intended to supplenrent the provisions of state Iaw,
particuJ.arly NRS ChapXers 244 and 647. The requireurents of this
code shall not be construed to l.imit any requirements iurposed
under State Law.
IPart 521, Ord. No. 306; A Ord. Nos. 522, XXXX]
SECTION 5. Section 25.353 of the Washoe County Code is hereby
amended to read as follows,
Proposed changes to WCC Chapter 25 page A-2

25.353 License required and provisions of state law.
1. Except as provided in this sectionr rlo person shal-loperate
or conduct a secondhand store or pawnbroker business in
this county without having first obtained a l-icense therefor.
2. Secondhand stores engaged primarily in the automobile
wrecking business or in the business .of buying, selling r or
trading secondhand books or periodical-s shalI be exempt from the
provisions of sections 25.353 to 25.3575, incl-usive.
3. The requirements of sections 25.353 to 25.3575, inclusive,
are intended to supplement the provisions of state Iaw,
particuJ.arly NRS Chapters 244 and 647. The requirements of this
code shal-J. not be construed to limit any requirements imposed
under state Iaw.
IPart S23, Ord. No. 306; A Ord. Nos.522, 566, 1138, 1228,
XXXX]
SECTION 6. Section 25.3575 of the Washoe County Code is hereby
amended to read as follows:
25.35'15 Secondhand Sstores and Ppawnbrokers,' unlawfuf acts.
1. It is unl-awfuL for any person operating a secondhand store
or for any pawnbroker:
(a) To reports a material matter falsely to the sheriff.
(b) To fail to report immediately to the sheriff the
possesslon of property which he may have good cause to believe
has been tost or stolen, together with the name of the owner, rf
known, and the date when and the name of the person from whom he
received the property.
(c) To remove property recei-ved, or allow such property to be
removed, from his place of business or place of storage in
viol-ation of section 25.3575.
(d) To receive property from a person under the age of 18
years, common drunkard, habitual user of controlled substances,
habitual criminal, habitual- felon, habitually fraudul-ent felon,
person in an intoxicated condition, known thief or receiver of
stolen property, oL known associate of a thief or receiver of
s1-o.l en nronerl-rr- whefher thc nersnn is ar:f ino in his own behalf
r uv!9rl y! vyu! uJ t
or as the agent of another.
(e) To fail to make an entry of any material matter in his
record kept as provided in section 25.357; to make a false entry
in his record; to obJ.iterate, destroy or renove his record from
his place of business; or to refuse to alJ.ow the sheriff to
inspect or col-Iect his record during a reasonable time.
2. It is further unlawful for any pawnbroker:
(a) To employ any person who does not hol-d a valid work
permit issued bv the sheriff.
Proposed changes to WCC Chapter 25 page A-3

(b) To employ any clerk or person under the age of 18 years
to receive any pledge or make any Ioan.
(c) To receive property from any person without requiring at
l-east one of the following forms of identification:
(1) A passport of the United States;
(2) A driver's license issued by any State or Canada;
(3) An identification card issued by any state or the
United States;
(4) A passport from any other country in addition to
another item of identification bearing an address.
(d) To violate any of the provisions of NRS 646.050, as
amended.
t5210, Ord. No. 1138; A Ord. Nos. 1228, XXXXI
Proposed changes to WCC Chapter 25 page A-4

[Business Impact Note: The Board of County Commissj-oners hereby
finds that this ordinance does not impose a direct and
significant economic burden upon a business, nor does it
directly restrict the formation, operation or expansion of a
business. l
Proposed on the 14th day of April , 2009.
Proposed by Commissioner
Passed on the 28th day of April , 2009.
Vote:
ATTEST:
Ayes:
Nays:
Absent:
Amrz LIt rrrotr
' ""J
County Clerk
Chairman
Washoe County Commj-ssion
Thi-s ordinance shal-l be in force and effect from and after the
Bth day of May, 2009.
Proposed changes to WCC Chapter 25 page A-5

Attachment B: NRS; Junk Dealers, and Secondhand Stores and Pawnbrokers
NRS Extract
Junk Dealers and Secondhand Stores and Pawnbrokers
DEALERS IN JT]NK
NRS 647.015 "Junk' defined. "Junk" includes old iron, copper, brass, lead, zinc, tin, steel and other
metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other
secondhand, used or castoff articles or material of any kind.
NRS 647.020 Description of purchases to be posted. Every junk dealer shall at all times keep
conspicuously posted in his office or place of business a description of and the amount of hides and junk
purchased by him each day, together with the names and addresses of the persons from whom the
purchases were made.
NRS 647.030 Information concerning purchases must be recorded in book; prohibition on altering
or destroying information; book must be open to inspection by certain law enforcement officers.
I . Every junk dealer shall keep a book in which must be written in ink at the time of purchase a
fulI and accurate description of each article purchased, together with the full name, residence, driver's
license number, vehicle license number and general description of the person selling the article.
2. In addition to the information required to be included in the book pursuant to subsection 1, a
junk dealer must include in writing in ink in the book each time he purchases or otherwise receives
metallic wire that has been burned in whole or in part to remove insulation:
(a) The name of the person who delivered the metallic wire; and
(b) A description of the written evidence obtained by the junk dealer pursuant to NRS 647.035
identifying the person who delivered the metallic wire.
3. No entry in the book may be erased, mutilated or changed.
4. The book must be open at all times to inspection by the sheriff of the county or any of his
deputies, any member of the police department in the city or town, and any constable or other county or
municipal offrcer in the county in which the junk dealer does business.
NRS 647.035 Burned metallic wire: Information concerning person who delivered wire must be
obtained; period during which information must be retained.
1. A junk dealer shall not purchase or otherwise receive metallic wire that has been burned in
whole or in part to remove insulation unless, at the time that the metallic wire is purchased or otherwise
received, thejunk dealer obtains:
(a) Written evidence identifuing the person who delivered the metallic wire; and
(b) A statement signed by the person who delivered the metallic wire in which the person attests
that the metallic wire was lawfully acquired and bumed.
2. A junk dealer shall retain the written evidence and the statement obtained pursuant to
subsection I for not less than 3 vears.
I\RS 647.040 Lost or stolen personal property in possession of junk dealer: Duty to report;
inspections.
1. If any personal property is advertised as having been lost or stolen, and the property or any
property answering to the description advertised, or any part of it, is in the possession of any junk dealer
or comes into his possession, he shall irrmediately notiff the sheriff of the county or the chief of police of
the city or town in which he does business, stating when and from whom the property was received.
2. Any junk dealer who has in his possession any personal property that is alleged to have been
lost or stolen shall exhibit the property on demand to any police officer or constable, or other municipal or
county offrcial of the city, town or county in which the junk dealer does business, or to any person duly
authorized in writing by any magistrate to inspect property in the possession of the junk dealer, if the
NRS extract page B-l

person exhibits his authorization to the junk dealer.
NRS 647.050 Purchase of junk from certain persons prohibited. No junk dealer or any other person,
firm or corporation shall purchase any junk from:
1. Any person appearing to be intoxicated.
2. y'.rty person appearing to be in any abnormal mental condition.
3. Any minor, without the written consent of a parent or guardian of the minor. The written
consent shall be kept on file and shall be subject to inspection along with the description of property
provided for in NRS 647.060.
I\RS 647.060 Vendorst statements: Contents and filing.
1. At the time of purchase by any junk dealer of any hides or junk, the junk dealer shall require
the person vending the hides or junk to subscribe a statement containing the following infonnation:
(a) When, where and from whom the vendor obtained the property.
(b) The vendor's age, residence, including the city or town, and the street and number, if any, of
the residence, and such other information as is reasonably necessary to enable the residence to be located.
(c) The name of the employer, if any, of the vendor and the place of business or employment of
the employer.
2. Except as otherwise provided in subsection 3, the junk dealer shall on the next business day:
(a) File the original statement subscribed by the vendor in the office of the sheriff of the county
where the purchase was made; and
(b) If the purchase was made in a city or town, file a copy of the statement with the chief of police
of that city or town.
3. In a county whose population is 45,000 or less, the original statement may be filed in the
office of the sheriffs deputy for transmission to the sheriff.
I\RS 647.070 Applications and permits for shipping junk and hides. Every junk dealer, before
shipping or transporting any articles purchased, shall apply to the sheriff, a deputy or any constable or
chief of police in the county from which such shipment is to be made, for inspection of the articles to be
shipped. The application shall be signed by the applicant, and shall contain full information concerning
the number, character and description of the articles proposed to be shipped. Any such officer shall retain
the application and description, and shall issue to the applicant a permit for the shipment of articles
enumerated and described in the application.
NRS 647.080 Power of municipalities to license, tax and regulate not impaired. The provisions of
this chapter do not impair the power of cities in this State to license, tax and regulate any person, firrr or
corporation now engaged in or hereafter engaged in the buying and selling ofjunk.
DEALERS IN SECOI\DTIAND MATERIALS
NRS 244.3485 Secondhand dealers: Licensingl fines for certain violations.
1. The board of county commissioners of each county shall, by ordinance, require each person
who wishes to engage in the business of a secondhand dealer in an unincorporated area of the county to
obtain a license issued by the board before he engages in the business of a secondhand dealer.
2. T\e ordinance must require the applicant to submit:
(a) An application for a license to the board of county commissioners in a form prescribed by the
board.
(b) With his application a complete set of his fingerprints and written permission authorizing the
board to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report.
3. The board of county commissioners shall not issue a license pursuant to this section to an
NRS extract page B-2

applicant who has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere
to, a felony involving moral turpitude or related to the qualifications, functions or duties of a secondhand
dealer.
4. The board of county commissioners may:
(a) Establish and collect a fee for the issuance or renewal of a license;
(b) Establish and collect a fee to cover the costs of the investigation of an applicant, including a
fee to process the fingerprints of the applicant;
(c) Place conditions, limitations or restrictions upon the license;
(d) Establish any other requirements necessary to carry out the provisions of this section; or
(e) Enact an ordinance which covers the same or similar subject matter included in the provisions
of NRS 647 .I40 and which provides that any person who violates any provision of that ordinance shall be
punished:
(1) For the fust offense, by a fine of not more than $500.
(2) For the second offense, by a fine of not more than $1,000.
(3) For the third offense, by a fine of not more than $2,000 and by revocation of the
license ofthe secondhand dealer.
I\RS 647.018 ooSecondhand dealer" defined.
1. "Secondhand dealer" means any person engaged in whole or in part in the business of buying
and selling metal junk, melted metals or secondhand personal property, other than used books, including,
without limitation, antiques, coins and collectibles.
2. The term does not include a person who engages in the business of buying or selling
secondhand fuearurs or any antique parts, accessories or other equipment relating to those firearms if:
(a) The person engages in that business at a show that:
(1) Is held at:
([) A convention facility which is owned or operated by and located on the
premises of a resort hotel; or
(Ir) A recreational facility which is owned or operated by a county fair and
recreation board; and
(2) Is conducted for not more thanT days during any 6-month period; and
(b) The person has been issued a license as a manufacturer, importer, dealer or colector pursuant
to the provisions of 18 U.S.C. $ 923.
NRS 647.140 Violations by secondhand dealer or his clerk, agent or employee. A secondhand dealer
and a clerk, agent or employee of a secondhand dealer is guilty of a misdemeanor if he:
L Fails to make an entry of any material matter in his book or record kept as provided for in
NRS 647.110.
2. Makes a false entry in his book or record.
3. Obliterates, destroys or removes from his place of business the book or record.
4. Refuses to allow the prosecuting attomey or a peace officer to inspect the book or record or
any goods in his possession, during the ordinary hours of business.
5. Reports a material matter falsely to the sheriff or to the chief of police.
6. Fails to report immediatEly to the sheriff or to the chief of police the possession of property
which he may have good cause to believe has been lost or stolen, together with the name of the owner, if
known, and the date when and the name of the person from whom he received the property.
7. Removes specifically marked or_otherwise individually identifiable property received or
allows it to be removed from his place of business or place of storage in violation of the provisions of
NRS 647.130.
8. Receives property from a person under the age of 18 years, cornmon drunkard, habitual user of
controlled substances, habitr.ral criminal, habitual felon, habitually fraudulent felon, person in an
intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver
NRS extract page B-3

of stolen property, whether the person is acting in his own behalf or as the agent of another.
NRS extract page B-4

DATE:
TO:
FROM:
THROUGH:
SUBJECT:
SUMMARY
WASHOE COUNTY
"Dedicated To Excellence in Public Seruice"
www.washoecounty.us
Srarr Rnponr
BOARD MEETING DATE, First Reading: April 14,2009
BOARD MEETING DATE, Second Reading: April28, 2009
March 24,2009
April 14, 2009 meeting:
Board of County Commissioners
Bob Webb, Planning Manager, Community Development
328.3 623, bwebb@washoecounty.us
Adrian P. Freund, FAICP, Director of Community Development
Board meeting of April 14,2009:
CIWACM
Finance
Introduction and first reading of an ordinance amending the Washoe
County Code at Chapter 25 by adding requirements for record keeping by
junk dealers; adding restrictions on the purchase of junk from certain
persons; modifying the description of items in a junk shop or store;
referencing state law for junk dealers and secondhand stores; md,
modifying the keeping of records by secondhand stores and pawnbrokers.
Set the public hearing and second reading of the ordinance for April 28,
2009 at 6:00 p.m. (All Commission Districts)
Board meeting of April 28,2009:
Second reading and adoption of an ordinance amending the Washoe
County Code at Chapter 25 by adding requirements for record keeping by
junk dealers; adding restrictions on the purchase of junk from certain
persons; modifying the description of items in a junk shop or store;
referencing state law for junk dealers and secondhand stores; ild,
modifying the keeping of records by secondhand stores and pawnbrokers
(list Bill #). (All Commission Districts)
The Washoe County Commission will introduce and hold the first reading of an
ordinance amending the Washoe County Code at Chapter 25 by adding requirements for
record keeping by junk dealers; adding restrictions on the purchase of junk from certain
persons; modifying the description of items in a junk shop or store; referencing state law
for junk dealers and secondhand stores; and, modifying the keeping of records by
secondhand stores and pawnbrokers. The County Commission will also set the public
hearing and second reading of the ordinance for April 28,2009 at 6:00 p.m.
DA
Risk Mgt. NiA
HR N/A
Director
AGENDAITEM # JT

April28, 2009 meeting:
Washoe Coturty Commission Meetings of April 14 &28,2009
Page2 of 4
The Washoe County Commission will hold the second reading of, and possibly adopt, an
ordinance amending the Washoe County Code at Chapter 25 by adding requirements for
record keeping by junk dealers; adding restrictions on the purchase ofjunk from certain
persons; modifying the description of items in a junk shop or store; referencing state law
for junk dealers and secondhand stores; and, modifying the keeping of records by
secondhand stores and pawnbrokers.
County Priority supported by this item: Support a Healthy Economy.
PREVIOUS ACTION
The Washoe County Commission last adopted amendments to Washoe County Code
(WCC) Chapter 25 in September of 2008. The amendments added provisions regarding
work permits for employees of landlords of certain dwelling units, clarified requirements
for fingerprinting/background checks, and standardized procedures for criminal history
b ackground investi gations.
BACKGROUI\D
Pnoposro AMENDMENTS
Washoe County busineqs license staff meets quarterly with business license staff from the
Cities of Reno and Sparks to discuss licensing matters of common interest among the
three jurisdictions. The topic of a recent meeting involved licensure of junk dealers,
secondhand store owners and pawnbrokers. During review of current Nevada Revised
Statute (NRS) regulations for these professions, business license staff noted that County
Code was not completely aligned with current NRS requirements.
These proposed amendments align County Code with the pertinent NRS sections (see
Attachment B). The specific amendments include:
l. Adding section 25.219 to incorporate the reporting requirements of NRS 647.020
and647.030.
2. Adding section 25.224 to place the purchase of junk requirements regulated
within NRS 647.050 into County Code.
3. Expanded the description of 'Junk" in section 25.215 to align with the NRS
definition of 'Junk" in NRS 647.015. Added a provision to section 25.215 to
recognize that County Code regulations do not limit any requirements of State
Law.
4. Added a provision to section 25.353 to recognize that County Code regulations do
not limit anyrequirements of State Law.
5. Added a provision to section 25.3575 to capture the record keeping requirements
ofNRS 647.140 (1), (2), and (3).
The remaining provisions of State Laws governing the licensing of junk dealers,
secondhand stores and pawnbrokers are adequately covered in current County Code.

BusrNnss Iuplcr Surrvrnxr
Washoe County Commission Meetings of April 14 &28,2009
Page 3 of4
Nevada Revised Statutes sections 237.030 through 237 .100 require that Washoe County
prepare a business impact statement for any amendments to Washoe County Code that
exercises legislative powers, or imposes, increases or changes fees charged to businesses
in Washoe County. Further, the business impact statement must be provided to any
potentially impacted businesses or interested parties affected by the proposed
amendments.
Staff prepared a business impact statement and mailed a copy of the statement, together
with pertinent extracts from the proposed ordinance, to small businesses and trade
associations on March 6,2009. Small businesses provided a copy included all currently
licensed secondhand stores and pawnbrokers (there are no cturently licensed junk dealers
in unincorporated Washoe Counry); hade associations included the Nevada Taxpayers
Association, the North Tahoe Chamber of Commerce, the Reno-Sparks Chamber of
Commerce, the Retail Association ofNevada, and the Sparks Chamber of Commerce.
The business owners and trade associations were encouraged to provide written
comments by April l, 2009 for incorporation into a staff report presented to the County
Commission. A separate staff report will be prepared for the Commission to approve the
business impact statement for this ordinance on April 28,2009 prior to its adoption.
FISCAL IMPACT
There are currently 10 licensed secondhand stores and pawnbrokers within
unincorporated Washoe County. As noted earlier, there are no currently licensed junk
dealers in the unincorporated County. There are no new licensing fees contained within
the proposed amendments and, therefore, there is no fiscal impact to Washoe County.
RECOMMENDATION FOR THE FIRST READING (April 14. 2009)
Introduction and first reading of an ordinance amending the Washoe County Code at
Chapter 25 by adding requirements for record keeping by junk dealers; adding
restrictions on the purchase of junk from certain persons; modiffing the description of
items in a junk shop or store; referencing state law for junk dealers and secondhand
stores; and, modifying the keeping of records by secondhand stores and pawnbrokers.
Set the public hearing and second reading of the ordinance for April 28, 2009 at 6:00
p.m.
POSSIBLE MOTION FOR THE FIRST READING (April 14. 2009)
Should the Board agree with staff s recommendation, a possible motion would be:
"I move to introduce Bill Number (insert bill number as provided by the County
Clerk) and to set the public hearing and second reading of the Ordinance for
possible adoption during tle County Commission meeting of April 28,2009 at
6:00 p.m."

Washoe County Commission Meetings of April 14 & 28,2009
Page 4 of 4
RECOMMENDATION FOR THE SECOND READING/PUBLIC HEARING
(ApriI28.2009)
Second reading and adoption of an ordinance amending the Washoe County Code at
Chapter 25 by adding requirements for record keeping by junk dealers; adding
restrictions on the purchase of junk from certain persons; modifying the description of
items in a junk shop or store; referencing state law for junk dealers and secondhand
stores; and, modifying the keeping of records by secondhand stores and pawnbrokers (list
Bill #).
POSSIBLE MOTION F'OR TIIE SECOND ITEADING/PUBLIC HEAIIING
(April28.2009)
Should the Board agree with staff s recommendation, a possible motion would be:
"I move to adopt Ordinance Number (insert ordinance number as provided by the
County Clerk) with a finding that the Ordinance does not impose a direct and
significant economic burden upon a business, nor does it directly restrict the
formation, operation or expansion of a business."
Attachment: A. Working Copy, Proposed Changes to WCC Chapter 25
B.
NRS; Junk Dealers, and Secondhand Stores and Pawnbrokers
cc: Business License staff