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Ordinance 2014-08 - Amending Ch 14 Business Regulations - Jewelry ORDINANCE NO. 2014-08 AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES, SPECIFICALLY CHAPTER 14"BUSINESS AN D B U S I N E S S REGULATIONS", BY AMENDING ARTICLE VI "SECONDHAND JEWELRY AND CRAFTED PRECIOUS METAL"; PROVIDING FOR A PENALTY; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Huntsville Code of Ordinances, Chapter 14 "Business and Business Regulations" provides for the regulation of certain businesses for the health, safety and public welfare of the City's residents: WHEREAS, recordkeeping and reporting requirements are required by the Occupations Code for persons engaged in the business of purchasing and selling certain crafted precious metals; and WHEREAS, peace officers likewise have authority under that Code to inspect such crafted precious metals; and WHEREAS, the ability of peace officers to access the above-referenced records would enable such officers to prevent and investigate transactions in stolen property and other unlawful property transactions more thoroughly and more efficiently; and WHEREAS, the City Council of the City of Huntsville Texas, believes it is in the best interest of the citizens of this City that such officers be afforded every lawful means to prevent and investigate crimes of this nature; WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same at the place reserved and designated for notices of public meetings and public activities and prior to the adoption of this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2: Huntsville Code of Ordinances Chapter 14 "Business and Business Regulations" is amended replacing Sections 14.222 thru 14.229 with new Sections 14.222 through 14.227" that are attached hereto as Exhibit"A." SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5: This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville,Texas. PASSED AND APPROVED on this 17th day of December 2013. h THE CITY OF H NT ILLE O uv Mac Woodwar , Mayor ATTEST: APPROVED/4S TO FORM: JL Woodward, City Secreta Leo rd Schneider, City Attorney Exhibit "A" Chapter 14 BUSINESS AND BUSINESS REGULATIONS Article VI: "SECONDHAND JEWELRY AND PRECIOUS METAL"; Sec. 14-222. Definitions. For the purpose of this article,the following terms shall have the respective meaning given herein: Business shall mean an activity carried on by any person who buys secondhand jewelry, money, silverware or precious metal, as defined in this section, for profit. Chief of police.The chief of police of the City of Huntsville,Texas, or his designated representative. Crafted precious metal dealer. Any person who engages in the business of purchasing and selling crafted precious metal as defined in V.A.T.C. Occupations Code § 1956.051, excluding those exceptions found in §§ 1956.052 et seq., of such Code, as amended. Dealer shall mean any person who buys, takes in trade, accepts for sale on consignment, or accepts for auction, used jewelry, money, silverware, or precious metal, as defined herein, in this section for profit. Money shall mean money which has numismatic value. Person shall mean an individual, corporation, partnership, or other legal entity, or any of their employees or agents. Secondhand jewelry shall mean previously owned articles made from or including precious and semiprecious metal, silver, gold, diamonds, sapphires, rubies, pearls, emeralds, and gems, and includes such personal items as watches, rings, pendants, chains, fobs, brooches, and necklaces. Silverware shall mean silver or silver-plated flatware,trays, goblets, dishes or serving pieces. Temporary location shall mean any place or premises which has not been hired, rented or leased for at least 90 days, in, upon, or from which business is conducted. Sec. 14-223. Requirements. (a) Except as otherwise herein provided, every person licensed or transacting any business as a crafted precious metal dealer, within the city limits shall, upon the effective date of this ordinance, maintain an accurate inventory-tracking system and make available all information required by this article to the entity designated by the chief of police. (b)The information required to be#ae6mitted Ja �' by this section for crafted precious metals dealers, must include: 1.The date and time of each transaction in which personal property is purchased, pledged, or received. 2. An accurate and detailed description of any and all property purchased or acquired during the regular course of business, including any and all trademarks, identification numbers, serial numbers, model numbers, brand names, and other identifying marks. 3. The actual price paid or the amount of money involved in each such transaction. 4. The full name, address, telephone number, date of birth, driver's license number or state-issued identification card. 5. A clear digital photograph of any and all property purchased or acquired during the regular course of business.The photo shall clearly depict the item for identification purposes. 6. Such other information as the chief of police may reasonably deem necessary to ensure compliance with the laws of the State of Texas and ordinances of the City of Huntsville. (c) The information required to be tFanGMittod R` by sub-section (b) of this Section shall be made available within forty-eight (48) hours of the date and time a purchase or transaction is consummated. (d) Any and all property purchased or acquired during the regular course of business under this ordinance or Chapter 1956 of V.A.T.C. Occupations Code, as amended shall be maintained within the incorporated limits of the City of Huntsville, or made available for inspection by a police officer within 24 hours within the incorporated limits of the City of Huntsville. Sec. 14-224. Defenses. This article shall not be applicable to: (a) Charitable or eleemosynary organizations. (b) Used or secondhand clothing businesses. (c) Used or secondhand furniture businesses. (d) Antique dealers. Sec. 14-225. Permit. (a) Any dealer who engages in the business of buying secondhand jewelry, money, silverware, or precious metal shall obtain a permit before engaging in such business within the city. It shall be a violation of this article for such dealer to fail to have a permit or fail to keep said permit current. A separate permit is required for each place of business operated in accordance with this article. (b) Any person desiring 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 minimum 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 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 as defined in title 7 of the Texas Penal Code (V.T.C.A ., Penal Code ch. 28 et seq.) or its criminal equivalent of this or any other jurisdiction 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 all 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 of such business. Sec. 14-226. Issuance of permit;fee. (a) Upon receipt of the application as herein prescribed, the chief of police shall issue a permit upon the further payment of a nonrefundable permit fee of $50.00; provided, however, that no permit shall be issued to any applicant who has been found finally guilty of a criminal offense against property as defined in title 7 of the Texas Penal Code (V.T.C.A., Penal Code Ch. 28, et. seq.) by a court of competent jurisdiction within the preceding ten years of the date of the application. A permit is valid for three years from the date of the application. It shall be the responsibility of the permit holder to submit an application for renewal of the permit prior to its expiration date. (b) A permit issued in accordance with this law may be summarily revoked by the chief of police if its holder is found guilty of a criminal offense as defined in title 7 of the Texas Penal Code (V.T.C.A., Penal Code ch. 28 et seq.) or its criminal equivalent by a court of competent jurisdiction. Within ten 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. Sec. 14-227. Penalty for violation of this article. In addition to any other penalty provided for by law: (a) A person commits an offense if he or she violates by commission or omission any provision of this article that imposes upon said person a duty or responsibility. I (b) A person who violates a provision of this article as provided for herein is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted; and each offense shall be punishable by a fine as of not exceeding$500.00. Exhibit "B" Exhibit "B" For Reference Only — and strikethrn Artice VI: "SECONDHAND JEWELRY AND PRECIOUS METAL"; This arliGle&196 RetapplytG Grafted pFeGiGUS FRetal, jewe!Fy, money,GFGHVerware that ha6 beeR 1956.060. Thmis artiGle deeE;Rot apply to a pawRshep !'GeRsed under Chapter 371 (PaWRSheps) of the Texas F='RaRGe Code or pawn shops that are already requiFed by the State ef Texas te keep FeGGFdG 9f pyrGhases of preGdeUS metals and jewelry. This artiGle does Ret apply R) a ReR-prefit bUSiReSS that sells GRIY dGRated +teas: Sec. 14-222. Definitions For the purpose of this article, the following terms shall have the respective meaning given herein: Business shall mean an activity carried on by any person who buys secondhand jewelry, money, silverware or precious metal,as defined in this section, for profit. traftea precious metal dealer. Any person who engages in the business of purchasing and selling` precious metal as defined in V.A.T.C. Occupations Code § 1956.051,excluding those exceptions fount §§.1956.052 et seq., of such Code, as-amended. Dealer shall mean any person who buys,takes in trade, accepts for sale on consignment, or accepts for auction, used jewelry, money, silverware, or precious metal, as defined herein, in this section for profit. The term " Money shall mean money which has numismatic value. Person shall mean any iRdiVidWal, eeFP9FatieR eF paFtReFShip and 4REWdes the 4uf,4.- PFeGiows metal shall meaR gGld OF geld plated GF GeveFed items; ef at least teR karat (as that teFFA alleysefthe 6arne� Secondhand jewelry shall mean previously owned articles made from or including precious and semiprecious metal, silver,gold,diamonds, sapphires, rubies, pearls,emeralds, and gems, and includes such personal items as watches, rings,pendants,chains,fobs, brooches,and necklaces. Silverware shall mean silver or silver-plated flatware, trays, goblets, dishes or serving pieces. tall mean anv place or prert ses rem,, geasec nprri nrtrom 1,i,icdi is';< nd (e) Except as otherwise herein provided, every person iicenst rd or transacting any bi isiness as a crafted precious metal dealer, within the city limits shall, upon the effective date ofthis ordinance, maintain an accurate inventory-tracking system and snake available all inflorrnation ri-quit,.-_d by this a0llc.ie tc the entity designated by the chief of police. (b) The information re(li.rired' to be transi-nitied by this_:e ction fcr, . a rte a oer.!!"rs, must inciude. 1- i he date and time of each transaction in which personal property i�, purc na,,eci, pledge a, or received. 2. An accurate and detailed description of any and all property purchased or r,cquired during the regular course of business, including any and all tradernar ks. identifican,,)r t:;,,nb« � ;r ? _rn,b��rs;, model numbers, brand names, and other identifying marks. 3. The actual price paid or the amount of money involved in each sucii �.. The full name; addi Mta, t�,�lepi�c>r7e� fr�hr, nit-cat girt rivers license number or state-issued identification car:', 5. A clear digital photograph of any item, r a^t�,weaFI;g444 seFi-�4 and all property purchased or acquired during the regular course of business. The photo shall c'ea6v depict the item for identification purpose-, 5. Such other information as the chief of police may reasoriably deem necessary to ensure compliance with the laws of the State of Texas and ordinances of the City of Huntsville. c) "The information required to be transmitted by sub-section (b)of this Section shall be made available within forty-eight (48) hours of the date and time a purchase or transaction is consummated. d) Any and all property purchased or acquired during the regular course of business under this rdinance or Chanter 1956 of V.A.T.C. Occuoatiors Code, as amended shall be maintained within the i incorporated limits of the Cty of44untsvi`Ile,-o-r'-M- r made ava 1 hours within the incorporated limits of the City of Huntsvill Sec. 14-224. Defenses, This article shall not be applicable to: (a) Charitable or eleemosynary organizations. (b) Used or secondhand clothing businesses. (c) Used or secondhand furniture business, (d) Antique de . Sec. 14-225. Permit (a)Any dealer who engages in the business of buying secondhand jewelry, money,silverware, or precious metal shall obtain a permit before engaging in such business within the city. It shall be a violation of this article for such dealer to fail to have a permit or fail to keep said permit current. A separate permit is required for each place of business operated in accordance with this article. (b) Any person desiring 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 minimum 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 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 as defined in title 7 of the Texas Penal Code (V.T.C.A.,Penal Code ch.28 et seq.) or its criminal equivalent of this or any other jurisdiction 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 all 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 of such business. Sec. 14-226. Issuance of permit;fee. (a) Upon receipt of the application as herein prescribed, the chief of police shall issue a permit upon the further payment of a nonrefundable permit fee of $50.00; provided, however, that no permit shall be issued to any applicant who has been found finally guilty of a criminal offense against property as defined in title 7 of the Texas Penal Code (V.T.C.A., Penal Code Ch.28,et seq.) by a court of competent jurisdiction within the preceding ten years of the date of the application. A permit is valid for three years from the date of the application. It shall be the responsibility of the permit holder to submit an application for renewal of the permit prior to its expiration date. (b) A permit issued in accordance with this law may be summarily revoked by the chief of police if its holder is found guilty of a criminal offense as defined in title 7 of the Texas Penal Code (V.T.C.A.,Penal Code ch.28 et seq.)or its criminal equivalent by a court of competent jurisdiction. Within ten 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. .R-a the seller of aRy seGGRdhand jewelry, MGRey,silver .Dus metal. c;p."P.F'6 parent er legal guaFdOaR GGRSeRtiRg tO SUGh sale,whiGh statemeRt shall be FetaiR (d) A permit heldeF PUFGhas!Rg SeGeRdhand jewelry, GE)iRS, silverware OF PFeGiE)HS metal sha4 9b4aiR a sigRed waFFaRty fFGM the seller that the seller has the right or autherity le sell the (f) All books and reGGFdE; required to be kept WRGIeFthis art'Gle shall be G94nueLA64Y See. 11 226. 12H FARSe Ht tefflPOFHF�' leeationS. See. 14 227. RepaFt of ptifelia!iiiie (a) Net later thaR 7-2 heurs a4er the time eaGh dealer shall make aR iRVeRtGFY FeP9F of all seGendhand jewelry, MeRey,silverware or PFeGiGHS metal that the Glealer PUFGhases,ta�"-- n the fe Finat d H.'nc the same f t' the req Fed i SeGtiOR 44 225-. RC)Fmal mail"thFeugh the U.S. Postall System ie the PE)lmGe departMeRt. The Mailed repO146 wall addFessed per lRStFWGtieR6 reGeived at the tome the dealer's perm.ti-,; Sedgy(V.-T.,G.A. SeG. 14-228. Retention prepe. Sec. 14-227. Penalty for violation of this article. In addition to any other penalty provided for by law: (1) A person commits an offense if he or she violates by commission or omission any provision of this article that imposes upon said person a duty or responsibility. (2)A person who violates a provision of this article as provided for herein is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted; and each offense shall be punishable by a fine as of not exceeding $500.00.