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HomeMy WebLinkAboutORD 80-68 O- 8 a_ 3 _ gi ORDINANCE N0. ENTITLED AN ORDINANCE REGULATING CERTAIN PURCHASES OF USED JEWELRY AND PRECIOUS METALS; PROVIDING DEFINITIONS; ESTABLISHING A PERMIT PROCESS; ESTABLISHING A PERMIT FEE; REQUIRING CERTAIN RECORDS TO BE KEPT BY PURCHASERS OF CERTAIN GOODS; PROVIDING FOR PURCHASES OF CERTAIN GOODS AT TEMPORARY LOCATIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. 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 used jewelry , money , silverware, or precious metal, as defined in this section, for profit. The term "business" shall not include occasional purchases or sales 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 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 ninety (90) days, in, upon or from which business is conducted. Section 2. Permit. Any dealer who engages in the business of buying used jewelry , money , silverware or precious metal shall obtain a permit before engaging in such business within the City. 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: (a) name , address, and telephone number of applicant (b) business address of applicant (c) time period or periods during which business will be conducted (d) location or locations where business will be conducted (e) 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 - 2 - (or their criminal equivalents) by any court of competent jurisdiction and, if so, the venue of such offense and penalty imposed. (f) whether or not the applicant has been or is currently a party to any civil litigation arising out of sales or purchases 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. (g) whether the applicant has ever before engaged in business under an assumed name and, if so, the name assumed by such business. Section 3 . 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 been found guilty of a criminal offense against property defined in Title 7 of the Texas Penal Code by a Court of competent jurisdiction within the preceding ten years. Permits issued hereunder shall be valid for a period of five years. (b) A permit issued hereunder may be summarily revoked by the Chief of Police 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 jurisdiction. Within ten days of such revocation by the Chief of Police, the permittee shall have the right of appeal to the City Council whose decision shall be final. Section 4 . Records of purchases. a. Upon the purchase of any goods defined in Section 1 herein, permittees shall record in a well bound book kept exclusively for such purpose, the following information: - 3 - (1) the name, address, and physical description and drivers license number of the seller of any used jewelry , money , silverware, or precious metal. (2) a description of the property purchased, including the serial number if available, or other identifying characteristics. b. No permittee shall purchase any used jewelry , coins, silverware, or precious metal from any person 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 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 5 . 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 to the Chief of Police within twenty-four hours of terminating the temporary location. Section 6 . This ordinance shall take effect thirty (30) days after passage by the City Council. 4 - e Section 7 . 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. Section 8 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 9 . 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 C Y COUNCIL of the City of Beaumont this the o� day of „� , 19800 Ma or - 5 -