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Home My WebLink About1981-1281 - Ordinance - 03/26/1981ORDINANCE NO. 1281 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, CITY OF COLLEGE STATION, TEXAS BY THE ADDITION OF ARTICLE 14 REGULATING CERTAIN PURCHASES OF USED JEWELRY AND PRECIOUS METALS: PROVIDING DEFINITIONS: REQUIRING CERTAIN RECORDS TO BE KEPT OF PURCHASES: PROVIDING FOR SEVERABILITY: PROVIDING A PENALTY: AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: 1. That Chapter 4 of the Code of Ordinance, City of College Station, Texas is hereby amended by adding a section, to be numbered section 14, which said section shall read as follows: SECTION 14: Purchases of Used Jewelry or Precious Metals A. Definitions For the purpose of this article the following terms shall have the respective meanings given herein: 1. 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.). 2. Dealer means any person who buys used jewelry, money, silverware, or precious metal in the course of business, buy does not include persons regulated by the Texas Pawnshop Act (Art. 5069 -51.01 et.seq. V.A.T.S.). 3. Money means money which has numismatic value. 4. Person means any individual, corporation, or partnership and includes the plural. 5. Precious metal means gold, silver, or platinum. 6. Semiprecious gems includes but is not limited to such gems as jade, tanzanite, tsavorite garnets, and aquamarines. 7. Silverware means silver or silver- plated flatware, trays, goblets, dishes or serving pieces. 8. 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. 9. 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. B. 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. ORDINANCE NO. 1281 PAGE 2 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; 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 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; 7. whether the applicant has ever before engaged in business under an assumed name and, if so, the name assumed by such business. C. Issuance of Permit; Fee. Upon receipt of the application, the Chief of Police shall issue a permit upon the payment of a fee established by the City Council; provided, how- ever, 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 five (5) years. Permits issued hereunder shall be valid for a period of one (1) year from the date of issuance thereof. A permit issued hereunder may be summarily revoked by the Chief of Police if a permit holder 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 (10) days of such revocation by the Chief of Police, the permit holder shall have the right of appeal to the City Council whose decision shall be final. D. Records of Purchases. Upon the purchase of any goods defined in Section A herein, permit holders shall record in a well bound book kept exclusively for such purpose, the following information: 1. the name, address and physical description and driver's license number of the seller of any used jewelry, money, silverware, or precious metal; Liam ORDINANCE NO. 1281 PAGE 3 2. a description of the property purchased, including the serial number if available, or other identifying characteristics. 3. the date and time of purchase for each item purchased. No permit holder 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 permit holder. Permit holder 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 permit holder. 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. All books and records required to be kept under the terms herein shall be kept continously for a minimum period of two (2) years. E. Purchases at Temporary Locations. Any dealer who conducts a 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 (24) hours of terminating the temporary location. F. Immediate Alteration Prohibited It shall be unlawful thereof, to cause or metal to be smelted, destroy or prevent t of 72 hours, and the in his possession or for the permit holder, or any agent or employee allow any used jewelry, money, silverware, or precious crushed, processed, or altered in such a manner as to ze ascertainment of the identity of same for a period permit holder shall retain all such property purchased contructive possession for said 72 hour period. 2. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be affected thereby. 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 4. That a person who violates any section of this ordinance is guilty of a misdeameanor and upon conviction is punishable is accordance with Chapter 1, Section 5 of the Code of Ordinances, City of College Station, Texas. W ORDINANCE NO. 1281 PAGE 4 5. And, it is ordained that this ordinance shall become effective from and after its passage in accordance with the city charter of the City of College Station. PASSED and APPROVED this 26th day of March 1981. Gary Hal r, Mayor ATTEST: Z Glenn 4 Schroeder, City Secretary UO3� -1