Ordinance No. 3,080P u b Z i s h e d= T u e s d a y, Ti, o b r u a r y Z 7, 1 J 8 Z 3 0
T h u r s d a y, F b r u a r y Z 9, Z 9 S 1
ORD I N AN C E N O _ 3 0 S 0
AN :-:>l BY THE ADD S T S O N OF A
NEW ART S C LE ENT S T LE D " PU RCHA S E OF U S ED JEWELRY OTHER
THAN SY PAWNBROKERS•' REGUL,AT =NG CERTAIN PURCHASES OF
U S E D JEWELRY AND P R E C I OTJ S METALS ; P ROV I D= NG D E F N I T I ON S;
E STABLISHING A P E RM I T PRO CESS E S TAB L= S H= NG A P E RM 1 T
FEE RIBCORDS TO BE KEPT BY PURCHASERS
OF C E RTA I N GOOD S AT TE MPOR ARY LOCATIONS P ROV I D I NG A
REPEAL S NG CLAiFSE ; CONTA S N NG A S AV NGS C LALT SE PROV 111:) - NG FOR A MAX i1LiUM PENALTY OF $ 2 0 0 _ 0 0 ; AND P ROV I D I NG F OR
THE PUBL S CAT S ON AND EFFECT = STE DATE 1-1E REOF
B E I T O RD A I NE D B Y THE C I T Y COU NC I L OF THE C= TY O F
B AY TOWN
Sect ion 1 _ That the Code of Ordinances of the City of
13 a y t own i s h e r e b y am e n d e d b y t h e a cl d i t i o n t o C h ap t e r 2 Z,
"Pawnbroi�ers , •' a new Art icle 13 erzt titled "Purchase of i3sec3
J ewe t r y o t h e r t h a n b y P awn b r o k e r s" wh i c h w i 1 1 r e a d a s f o 1 Z o w s
1�LRT=CLE 3 3 _
P UR CH A S E OF` U S E D J E WE LRY OT H E R T H AN 8 Y P A WNB R OK E Ft S
Sect ion 2Z -S _ Daf arnat ions _
€ a > '•Parson" means any individual corporat ion or
p a r t n e r s h i p a n d i n d u d e s t h e p l u r a l_
{b? •'Business•• means an activity carried on by any
p e r s o n w h o b uy s u s e d j aw a 1 r y b u 1 l i o rn m o n e y,
s i 1 v e rw a r e p r e c i o u s m e t a t o r s e m i p r e c i o u s g e m s,
as del road in this sect iori far proms at _ The term
'•b -Lx siness•' shall riot include occasional purchases
or sales rriade by a hobbist , nor shall it include
a c t i v i -t i a s r e g u l a t e d b y t h e T e x a s P aw n s ho p A c t
{ Art _ 5069 -v1 _ 01 et _ secq _ V _ A _ T _ S _ > _
{ c "Used Jewelry•• means previously owned amides
m a d e f r o m p r e c i o u s a n d s o m i p r e c i o n s rri e t a 1 s i l v e r,
g o l d d i amo ri d s, s a p p h i r e s, r ub i e s, p e a r l s e rn e r a l d s,
a rid urns and includes such personal ornament s as
watches , rings , pendarxtEE; chains nobs broaches ,
a n d n e c k l a c e s
{dj '•Money•' means money whicZz lzas numisrriatic value
{ e •'13 u11 iorz" - Ga1c3 and Silver which is in the form
o f b a r s, p l a t e s, l u m p s o r o t h e r m a s s e s Av h i c h
sha11 aricluc3e a -ft ems which are not iratended to be
u s e d a s c o i n s b ut h a v e a v a l u e b a s e d u p o n
weight and quality _
{ f '•Silverware'• rriearis salver or silver plated �lat-
w a r e, t r a y s g o b l e t s, d i s h e s o r s a r v i rn g p i
{ g "Precious metal •• means gold , silver , or plat inure _
ic h J " S em i p r e c i o u s g em s ** i n c l u d e s 1:> J-2- t i s n o t l a m i t e d t o
s u c h g e m s a s j a d e, t a n z a n a t e t s av o r i t e, g a r n e t s
and aquama ririas _
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(i) "Dealer" means any person who buys used jewelry,
money, bullion, silverware, precious metal, or
semiprecious gems, 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.).
(j) "Permittee" means dealer who has been issued a
permit hereunder.
(k) "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 21 -9. Permit Required.
(a) Any dealer who engages in the business of buying
used jewelry, money, bullion, silverware, precious
metal or semiprecious gems shall obtain a permit
before engaging in such business within the City.
(b) Any person desiring such a permit shall make appli-
cation in writing to the City Clerk on a form pro-
vided for that purpose. Such form shall be suffi-
cient 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 -prin-
cipal 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 of 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.
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10212 -7b
Section 21 -10. Issuance of Permits, Fee.
(a) Upon receipt of the application, the City Clerk
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 (10) years. Permits issued
hereunder shall be valid for a period of five (5)
years.
(b) A permit issued hereunder may be summarily revoked
by the City Clerk if a permittee is found guilty
of criminal offense defined in Title 7 of the
Texas Code or their criminal equivalents by a
court of competent jurisdiction.
Section 21 -11. Records of purchases.
(a) Upon the purchase of any goods defined in Section
21 -8 herein, permittees shall record in a well
bound book kept exclusively for such purposes, the
following information:
1. The name, address, physical description and
drivers license number of the seller of any
used jewelry, money, bullion, silverware,
precious metal, or semiprecious gems.
2. A description of the property purchased, in-
cluding the serial number, if available, or
other identifying characteristics.
(b) No permittee shall purchase any used jewelry,
coins, bullion, silverware, precious metal or
semiprecious gems from any person under the age of
eighteen (18) years unless such seller presents a
written statement from such seller's parents or
legal guardian consenting to such sale, which
statement shall be retained and recorded by the
permittee.
(c) 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.
(d) All books and records required to be kept under
the terms herein shall be kept continuously for a
minimum period of two (2) years.
(e) Permittees who purchase any items described in
Sec. 21 -8 (c), (f), or (h) shall cause such items
to be held within the City subject to inspection
for a period of not less than three (3) days from
the date of purchase (No holding period will be
required of permittees who purchase items defined
in Sec. 21 -8 (d), (e) and (g).
Section 21 -12. Purchases at Temporary Locations.
Any dealer who conducts business from a temporary loca-
tion within the City and who does not maintain a permanent
location within the City, shall deliver the records of
purchases to the City Clerk within twenty -four (24)
hours of terminating the temporary location.
min
10212 -7c
Section 21 -13. Penalty for violation of chapter provisions.
Any person violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and
each such person shall be deemed guilty of a separate
offense for each and every day, or portion thereof,
during which any violation of any of the provisions
of this chapter is committed, continued, or permitted
and upon conviction of any such violation such person
shall be punished by a fine of not more than Two Hun
dred ($200.00) Dollars.
Section 2: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby re-
pealed; provided, however, that such repeal shall be only to
the extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, sub-
section, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the valid-
ity of the remaining provisions of this ordinance or their
application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be
severable.
Section d: Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred and No /100 ($200.00) Dollars, and each violation shall
constitute a separate offense.
Section 5: This ordinance shall take effect from and
after ten (10) days from its passage by the City Council.
The City Clerk is hereby directed to give notice hereof by
causing the caption of this ordinance to be published in the
official newspaper of the City of Baytown at least twice
within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of
10212 -7d
the City Council on this 12th day of February, 1981.
ATTEST:
EILEEN P. HALL, City Clerk
• Mayor
APPROVED:
ANDALL B. STRONG, i y Attor y
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