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Home My WebLink AboutORD 81-8 ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING ORDINANCE 80-68 AND AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE IV REGULATING CERTAIN PURCHASES OR EXCHANGES OF USED JEWELRY AND PRECIOUS METALS; PROVIDING DEFINITIONS; ESTABLISHING A PERMIT PROCESS; ESTABLISHING A PERMIT FEE; PROVIDING FOR DISPLAY OF PERMIT; REQUIRING CERTAIN RECORDS TO BE KEPT BY PURCHASERS; PROVIDING ADDITIONAL REQUIREMENTS FOR CERTAIN PURCHASES AT TEMPORARY LOCATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance 80-68 is hereby repealed and Chapter 7 of the Code of Ordinances of the City of Beaumont is hereby amended by adding a new Article IV to read as follows: ARTICLE IV. DEALERS IN USED JEWELRY, AND PRECIOUS METALS Section 7-61 Definitions . (1) "Person means any individual, corporation, or partner- ship and includes the plural. (2 ) "Business" means an activity carried on by any person who buys or exchanges for used jewelry, money, silverware, or precious metal, as defined in this section, for profit. The term "business" shall not include occasional purchases, sales or exchanges made by a hobbyist, nor shall it include activities regulated by the Texas Pawnshop Act (Art. 5069-51 .01 et.seq. V.A.T.S. ) . (3) "Used Jewelry" means previously owned articles made from precious and semiprecious metal, silver, gold, diamonds , sapphires, rubies, pearls, emeralds , and gems and includes such personal ornaments as watches, rings , pendants, chains, fobs, broaches, and necklaces . (4) "Money" means money which has numismatic value. (5 ) "Silverware" means silver or silver plated flatware, trays, goblets, dishes or serving pieces. (6 ) "Precious metal" means gold, silver, or platinum. (7 ) "Semiprecious gems" includes but is not limited to such gems as jade, tanzanite, tsavorite garnets, and aquamarines . (8) "Dealer" means any person who buys or exchanges used jewelry, money, silverware, or precious metal in the course of business, but does not include persons regulated by the Texas Pawnshop Act (Art. 5069-51 .01 et.seq. V.A.T.S . ) . (9 ) "Permittee" means a dealer who has been issued a permit hereunder. (10) "Temporary location" means any place or premise which has not been hired, rented, or leased for at least thirty (30) days, in, upon or from which business is conducted. Section 7-62 Permit. (a) Any dealer who engages in the business of buying or exchanging used jewelry, money , silverware or precious metal shall possess a valid permit before engaging in such business within the City issued in accordance with this subchapter. (b) Any person desiring such a permit shall make application in writing to the Chief of Police on a form provided for that purpose. Such form shall be sufficient if it includes the following information: (1 ) name, address, and telephone number of applicant; (2) business address of applicant; (3) time period or periods during which business will be conducted; 2 - (4) location or locations where business will be conducted; (5 ) whether or not the applicant, or any co- principal or employee, has been found guilty of any criminal offense defined in Title 7 of the Texas Penal Code (or their criminal equivalents) by any court of competent jurisdiction and, if so, the venue of such offense and penalty imposed; (6 ) whether or not the applicant has been or is currently a party to any civil litigation arising out of sales, purchases or exchanges of any goods or services and if so, the identity of other parties to the suit, the location of the suit, and the outcome of the suit; (7) whether the applicant has ever before engaged in business under an assumed name and, if so, the name assumed by such business. (c) Any permittee who employs any person to engage in business and whose name does not appear on such permittee' s current application on file with the Police Department shall, within three (3 ) business days of such employment, amend said application in writing to reflect the addition of said employee. Section 7-63 Issuance of Permit, Fee. (a) Upon receipt of the application, the Chief of Police shall issue a permit upon the payment of a fee of Twenty ($20.00) Dollars; provided, however, no permit shall be issued to any applicant who has has been found guilty by a Court of competent jurisdiction within the preceding ten years of a criminal offense against property defined in Title 7 of the Texas Penal Code, provided further that violation of - 3 - any provision of this ordinance shall be grounds for denial of such permit. Permits issued hereunder shall be valid for a period of five (5 ) years. (b) A permit issued hereunder may be summarily revoked or suspended for up to six (6) months by the Chief of Police for violation of any provision of this ordinance or if a permittee is found guilty of a criminal offense defined in Title 7 of the Texas Penal Code or their criminal equivalents by a court of competent jurisidction. Within ten days of such revocation or suspension by the Chief of Police, the permittee shall have the right of appeal to the City Council whose decision shall be final. (c) Upon receipt of an application, the Chief of Police may, upon request, issue a temporary permit upon the payment of a fee of Ten ($10.00) Dollars which shall be issued upon the same terms and conditions as five (5 ) year permits but which shall be valid for thirty (30) days from the date of issuance. (d) Any permit issued hereunder shall be prominently displayed at the place of business so as to be plainly visable by persons transacting business with a dealer. Section 7-64 Records of purchases . a. Upon the purchase or exchange with any person or persons of any goods defined in Section 7-61, permittees shall record in a well bound book kept exclusively for such purpose, the following information: (1) The name, address, and physical description and, if available, drivers license number of the person or persons selling or exchanging any used jewelry, money, silverware, or precious metal. (2) A description of the property purchased and property exchanged for, including the - 4 - serial number, if available, and all other identifiable characteristics . b . No permittee shall purchase or exchange any used jewelry, coins, silverware, or precious metal from any person or persons under the age of eighteen (18 ) years unless such seller presents a written statement from such seller' s parent or legal guardian consenting to such sale, which statement shall be retained and recorded by the permittee. c . Permittees purchasing or exchanging used jewelry, coins , silverware or precious metal shall obtain a signed warranty from the seller that the seller has the right or authority to sell the property, which statement shall be retained and recorded by the permittee. d. All books and records required to be kept under the terms herein shall be open to inspection at all reasonable hours by any bona fide peace officer. e. All books and records required to be kept under the terms herein shall be kept continuously for a minimum period of two (2 ) years. Section 7-65 Purchases at Temporary Locations . Any dealer who conducts business from a temporary location within the City and who does not maintain a permanent location within the city, shall deliver the records of purchases or exchanges to the Chief of Police within twenty-four hours of terminating the temporary location. Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. - 5 - Section 3 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 4 . Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the �J day of 1981. Mayo r - - 6 -