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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
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(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:
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(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.
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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
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