Topic:
RETAIL TRADE;
Location:
ANTIQUES;

OLR Research Report


February 2, 2004

 

2004-R-0152

ANTIQUE DEALERS

By: Veronica Rose, Principal Analyst

You asked if any states require antique dealers to collect identifying information about people from whom they buy items.

Four states—Florida, Maryland, Tennessee, and Wisconsin—require antique dealers to collect identifying information on sellers. The Maryland requirement applies only to dealers that buy historic markers and plaques. The Florida requirement is a condition of the dealer registering with the state for tax purposes.

FLORIDA

Under Florida law, antique dealers must register with the Department of Revenue for sales tax purposes. When they buy property, they must execute a written agreement with the property owner or representative. The agreement must show the property owner’s name, address, and telephone number and the type of property purchased (Fla. Stat. Ann. § 538.03).

MARYLAND

The law requires antique dealers who buy any historic marker or plaque to collect the following information: (1) the seller’s name and address; (2) the date and time of purchase; (3) the vehicle’s license tag number; and (4) a description of the marker or plaque, including the full text, any installation date, and the name of any installation sponsor. The dealer must provide the information to the sheriff or other designated county law enforcement official within three days after the purchase.

A violation is a misdemeanor punishable by a fine of up to $100 (MD. Code, Business Reg. § 17-1012).

TENNESSEE

Tennessee requires antique dealers to maintain a permanent ledger in which they must record all items they buy for more than $50. Among other things, they must record (1) a description of the item; (2) the date of the purchase; (3) the article’s serial number, if available; (4) the amount paid for the item; and (5) the seller’s name and residence. A violation is a class C misdemeanor, which is punishable by a fine of up to $50, imprisonment for up to 30 days, or both (Tenn. Occupations Code Ann. §§ 62-22-101 & 40-35-111).

WISCONSIN

Wisconsin requires antique dealers who buy or receive used home furnishings to obtain the seller’s signature, name, and address and one of the following identification numbers: the seller’s motor vehicle operator’s license number, state identification card number, military identification card number, U.S. passport number, or alien registration card number. They must also record the license plate numbers and color, make, model, and year of any motor vehicle delivering the furnishings and, if known, the address from where the furnishings were removed.

A first violation is punishable by a civil fine of $100 to $1,000; any subsequent violation is punishable by a fine of $500 to $3,000 (Wis. Stat. Ann. § 134.695).

VR:ts