§ 122-37. Dealers in secondhand watches.

(a)

Definition. For the purpose of this section, a watch shall be deemed to be secondhand if:

(1)

It, as a whole, or the case thereof or the movement thereof has been previously sold to or acquired by any person for such person's use or the use of another, but not for resale; provided, however, a watch that has been so sold or acquired and is thereafter returned either through exchange or for credit to the original vendor who sold or passed title to the watch shall not be deemed to be a secondhand watch for the purpose of this section, if the vendor shall keep a written or printed record setting forth the name of the purchaser thereof, the date of the sale or transfer thereof and the serial number, if any, on the case and movement and any other distinguishing number or identification mark, which record shall be kept five years from the date of the sale or transfer and shall be open for inspection during all business hours by the police or prosecutor for the city;

(2)

Its case or movement serial numbers or other distinguishing numbers or identification marks shall be erased, defaced, removed, altered or covered; or

(3)

Its movement is more than five years old and has been repaired by any person, including the vendor, notwithstanding that it may have been returned either through exchange or for credit to the original vendor. Cleaning and oiling a watch movement or recasing the movement in a new case shall not be deemed a watch repair for the purpose of this subsection.

(b)

Tagging. Any person engaged in the business of buying or selling watches, who may sell or exchange or offer for sale or exchange, expose for sale or exchange, possess with the intent to sell or exchange or display with the intent to sell or exchange any secondhand watch shall affix and keep affixed thereto a tag with the term "secondhand" clearly and legibly written or printed thereon, which shall be affixed or placed so that the term "secondhand" shall be plainly visible at all times.

(c)

Contents of invoice; records. Any person who may sell a secondhand watch or in any other way pass title thereto shall deliver to the vendee a written invoice bearing the term "secondhand" in bold letters larger than any other written matter upon the invoice. The invoice shall further set forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker and the serial number, if any, and any other distinguishing numbers or identification marks upon its case and movement. If the serial number or other distinguishing numbers or identification marks shall have been erased, defaced, removed, altered or covered, the invoice shall so state. The vendor shall keep on file a duplicate of the invoice five years from the sale thereof, which shall be open to inspection during all business hours by the police or prosecutor for the city.

(d)

Advertising. Any person who may advertise or display in any manner a secondhand watch for sale or exchange shall state clearly in the advertisement or display that the watch is secondhand.

(Code 1977, § 14-6402)

State law reference

Secondhand watches, O.C.G.A. § 43-49-1 et seq.