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This entry was published on 2014-09-22
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SECTION 392
Second-hand watches
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 392. Second-hand watches. 1. Definitions. As used in this section:

A. "Person" shall be deemed to mean a person, firm, partnership,
association or corporation.

B. "Consumer" shall be deemed to mean an individual, firm,
partnership, association or corporation who buys for own use, or for the
use of another but not for resale.

C. A "second-hand" watch shall be deemed to mean: A watch which, as a
whole, the case thereof, or the movement thereof has been sold to a
consumer; provided, however, that a watch which has been so sold and is
thereafter returned, either through an exchange or for credit, to the
same person who sold such watch to the consumer, shall not be deemed to
be a second-hand watch for the purpose of this act if such person keeps
a written or printed record setting forth the name and address of the
consumer, the date of the sale to the consumer, the name of the watch or
its maker, and the serial numbers, if any, on the case and the movement
of the watch, or other distinguishing numbers or identification marks,
the aforesaid record to be kept for at least three years from the date
of the sale of the watch and to be open for inspection during all
business hours by the district attorney, or his representative, of the
county in which such person is engaged in business; or

Any watch whose case or movement, serial numbers or other
distinguishing numbers or identification marks have been erased,
defaced, removed, altered or covered; or

Any watch, the movement of which is more than five years old and has
been repaired, or any part or parts of the watch, including the
movement, have been replaced, whether in the vendor's hands or while in
the possession of another; and this provision shall apply whether or not
the watch has been returned, either through an exchange or for credit to
the same person who sold or disposed of said watch to the consumer in
any manner.

2. Any person, or agent or employee thereof, who sells a second-hand
watch, shall affix and keep affixed to the same a tag with the words
"second-hand" legibly written or printed thereon in the English
language. For the purposes of this subdivision, "sell" shall be deemed
to include offer to sell or exchange, expose for sale or exchange,
possess with intent to sell or exchange, and sell or exchange.

3. Any person, or agent or employee thereof, who sells a second-hand
watch shall deliver to the vendee a written invoice setting 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
numbers, if any or other distinguishing numbers or identification marks
on its case and movement. In the event the serial numbers, or other
distinguishing numbers or identification marks have been erased,
defaced, removed, altered or covered, this shall be set forth in the
invoice. A duplicate of the aforesaid invoice shall be kept on file by
the vendor of such second-hand watch for at least three years from the
date of the sale thereof and shall be open to inspection during all
business hours by the district attorney or his representative of the
county in which the vendor is engaged in business.

4. Any person advertising in any manner second-hand watches for sale
shall state clearly in such advertising that the watches so advertised
are second-hand watches.

5. Any violation of this act shall constitute a misdemeanor and shall
be punishable by a fine of not more than five hundred dollars, or not
more than one hundred days in jail or both.