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Home My WebLink About2019-4087 - Ordinance - 04/25/2019ORDINANCE NO. 2019-4087 AN ORDINANCE AMENDING CHAPTER 8, “BUSINESS,” ARTICLE VII, “SECONDHAND DEALERS,”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO SECONDHAND DEALER RECORD KEEPING; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 8, “Business,” Article VII, “Secondhand Dealers” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective thirty (30) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2019-4087 Page 2 of 5 PASSED, ADOPTED and APPROVED this 25th day of April, 2019. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2019-4087 Page 3 of 5 EXHIBIT A That Chapter 8, “Business,” Article VII, “Secondhand Dealers” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-323 – Definitions. The following words or phrases, whenever used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning: Crafted Precious Metal Dealer means any person who engages in the business of purchasing and selling crafted precious metal as defined in Occupations Code §§1956.051 et seq., as amended. Electronic Inventory Tracking System means an online database of secondhand dealer’s inventory that is accessible by peace officers and law enforcement agencies. Pawnbroker means any person defined as such by the Texas Pawnshop Act, Finance Code §§371.001 et seq., as amended. Secondhand Dealer means any person who buys used or secondhand personal property for the purpose of reselling the same, or any person who lends money on the security of used or secondhand personal property deposited with the person and does not include any secondhand dealer who is expressly excluded by any other law from regulation by the City. As used in this article, the term “secondhand dealer” shall include both crafted precious metal dealers and pawnbrokers. Transactions means the exchange or transfer of funds for used or secondhand goods. Used or Secondhand Personal Property means personal property that is not sold directly from its manufacturer or original retailer. Used or secondhand personal property does not include property sold at a used or secondhand furniture business, used or secondhand clothing business or used or secondhand children’s item business or property expressly excluded by any other law from regulation by the City. Used or Secondhand Furniture Business means a business where the majority of transactions involve used or secondhand furniture. Used or Secondhand Clothing Business means a business where the majority of transactions involve used or secondhand clothing. Used or Secondhand Children’s Item Business means a business where the majority of transactions involve used or secondhand children’s items, including but not limited to; toys, strollers, walkers, cribs or infant care items. ORDINANCE NO. 2019-4087 Page 4 of 5 Sec. 8-324 – Record Keeping and Reporting Requirements. (a) Electronic Inventory Tracking System. The Chief of Police will designate an electronic inventory tracking system for secondhand dealers to record used or secondhand personal property transactions. If the Chief of Police does choose to designate a new electronic inventory tracking system, secondhand dealers will have thirty (30) days to report to the new electronic inventory tracking system. (b) Entering Transactions. The secondhand dealer must enter the recorded transaction information recorded into the electronic inventory tracking system within forty-eight (48) hours of the transaction. (c) Twenty Dollar Transactions. When used or secondhand personal property having a twenty dollar ($20) or more total transaction value is purchased by a secondhand dealer, the secondhand dealer must record in the electronic inventory tracking system the following information for each transaction: 1. The name, date of birth, current address, current phone number, a physical description of the seller, and driver’s license number or other identification number of the seller; 2. Confirm that the photograph on the driver’s license or personal identification certificate presented is a photograph of the actual seller; 3. The date, time, and location of the transaction; 4. A description of the used or secondhand personal property, including the serial number if present, and any identifying characteristics including size, color, brand or model name; 5. The actual price paid for the used or secondhand personal property; and 6. A signed statement from the seller stating the seller has the right to possess and dispose of the used or secondhand personal property. (d) Fifty Dollar Transactions. When used or secondhand personal property having a fifty dollars ($50) or more total transaction value is purchased by a secondhand dealer, the entire transaction the secondhand dealers must record in the electronic inventory tracking system the same transaction information in Sec. 8-324 (c), plus take digital photographs clearly depicting the purchased used or secondhand personal property The photographs must include one overall item photograph, and if visible one photograph showing the serial number or unique identifying the item. 1. Without Serial Numbers. If the transaction includes multiple similar items without serial numbers or a unique identifying marking one photograph must be taken clearly depicting all the items. 2. With Serial Numbers. If the transaction includes multiple similar items with serial numbers or unique identifying markings then each item must be clearly photographed showing the entire item and another photograph showing the serial number or unique identifying marking of the item. ORDINANCE NO. 2019-4087 Page 5 of 5 Sec. 8-325 – Exceptions. This article does not apply to transactions for: (a) Used or secondhand furniture; (b) Used or secondhand clothing; (c) Used or secondhand children’s or baby items; (d) Charitable organizations; (e) Books or magazines; (f) Property purchased at a garage or yard sale, auction or under consignment; or (g) Property expressly excluded by any other law from regulation by the City. Sec. 8-326 – Penalty. A violation of this article shall be punished as provided in Section 1-7. Sec. 8-327 – Violation. It shall be unlawful for any secondhand dealer or any agent or employee thereof to not use the electronic inventory tracking system or violate any other provision of this ordinance. Sec. 8-328 – Immediate Physical Alteration Prohibited. Before one hundred twenty (120) hours has passed after purchasing the property, it shall be unlawful for the secondhand dealer or of their any agents or employees causing or allowing any used or secondhand goods physical alteration in such a manner as destroying or preventing the property from being identified. This section only applies to property not bearing a serial number or unique identifying marking. Sec. 8-329 – Holding Period. The secondhand dealer must retain all property purchased covered in this Article for at least one hundred twenty (120) hours after the transaction. After proper documentation, the items not manufactured with a serial number or unique identifying marking are not subject to the one hundred twenty (120) hour retention period.