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ExhibitsExhibit “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 transmitted made available 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 transmitted made available 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: Name, address, and telephone number of applicant; Business address of applicant; Time period or periods during which business will be conducted; 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. (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 – Shows highlights and strikethroughs Artice VI: "SECONDHAND JEWELRY AND PRECIOUS METAL"; Sec. 14-221. Application of Article This article does not apply to crafted precious metal, jewelry, money, or silverware that has been acquired in good faith in a transaction involving the stock in trade of another dealer who previously made the reports required by this article, another city ordinance where the transaction occurred, or where requirements are in compliance with or excepted by V.T.C.A.,Occupations Code §§ 1956.051- 1956.060. This article does not apply to a pawnshop licensed under Chapter 371 (Pawnshops) of the Texas Finance Code or pawn shops that are already required by the State of Texas to keep records of purchases of precious metals and jewelry. This article does not apply to a non-profit business that sells only donated items. 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 shall mean jewelry, silverware, art object, or another object, other than a coin or commemorative medallion, made in whole or in part from precious metal. 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. The term "dealer" shall not include occasional purchases or sales made by a hobbyist so long as items are not purchased and the same items expressly sold for profit. Money shall mean money which has numismatic value. Person shall mean any individual, corporation or partnership and includes the plural. An individual, corporation, partnership, or other legal entity, or any of their employees or agents. Precious metal shall mean gold or gold plated or covered items of at least ten karat (as that term itself is understood in the jewelry profession); silver or silver plated or covered items of at least 92.5 percent silver or stamped "sterling"; platinum; palladium; iridium; rhodium; osmium; ruthenium; or the alloys of the same. 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. Semiprecious gems shall mean stones including but not limited to such stones as jade, tanzanite, tsavorite, garnets and aquamarines . 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 transmitted 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 item not bearing a unique serial 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 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 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 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. 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: Name, address, and telephone number of applicant; Business address of applicant; Time period or periods during which business will be conducted; 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; 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; 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 . 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. 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. 14-225. Records of purchases. Upon the purchase of any goods defined in Section 14-222, permit holders shall record, in a well-bound book kept exclusively for such purpose, the following information: The name, address, physical description, along with driver's license number, a state approved pictured identification card number, military ID number or passport number of the seller of any secondhand jewelry, money, silverware, or precious metal. A complete and accurate description of the property purchased, including the serial number or other identifying number if visible, and other identifying characteristics. Purchaser shall identify by tag or other means each purchased item in addition to the book record required herein. Such identification shall be by, date purchased and a number keyed to the purchases book entry in subsection (a) of this section . No permit holder shall purchase any secondhand jewelry, coins, silverware, or precious metal from any person under the age of 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. A permit holder purchasing secondhand 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 this article shall be open and available for inspection at reasonable hours by any bona fide peace officer. All books and records required to be kept under this article shall be continuously maintained and kept for a minimum period of two years . Sec. 14-226. Pu rchase at temporary locations. Any dealer who conducts business from a temporary location within the city and who does not maintain a permanent address or location in the city, shall make and deliver records of purchase, in form as required to be had and maintained herein by those who do have permanent locations, to the chief of police within one working day of terminating the temporary location. Sec. 14-227. Report of purchasing Not later than 72 hours after the time it is received, each dealer shall make an inventory report of all secondhand jewelry, money, silverware or precious metal that the dealer purchases, takes in trade, accepts for sale on consignment, or accepts for auction to the police department. Said report shall be sufficient if it is in the format and contains the same information as the records required in section 14-225 . Said report can be delivered in person to the police department or sent "normal mail" through the U.S. Postal System to the police department. The mailed reports will be addressed per instructions received at the time the dealer's permit is issued. Notwithstanding the provisions of subsection (a) of this section, each dealer shall comply with all of the reporting requirements of subchapter B of chapter 1956 of the Texas Occupations Code (V.T.C.A. Sections 1956.051-069.) Sec. 14-228. Retention of property. A dealer may not melt, deface, alter, or dispose of in any manner secondhand jewelry, metal,money, silverware or precious metal before the 15th day excluding weekends, after the day on which the report of purchase was mailed to the police department or the date the required report of purchase was delivered to the police department by means other than mail. Sec. 14-227. Penalty for violation of this article . In addition to any other penalty provided for by law: 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. 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.