ORD 1981-42 - Jewelry RegulationsORDINANCE NO. 81- 42
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AMENDING CHAPTER 13B OF ITS CODE OF ORDINANCES BY
THE ADDITION OF A NEW ARTICLE ENTITLED "PURCHASE OF USED
JEWELRY OTHER THAN BY PAWNBROKERS "; REGULATING CERTAIN PUR-
CHASES OF USED JEWELRY AND PRECIOUS METALS; PROVIDING
DEFINITIONS; ESTABLISHING A PERMIT PROCESS; ESTABLISHING
A PERMIT FEE; REQUIRING CERTAIN RECORDS TO BE KEPT BY
PURCHASERS OF CERTAIN GOODS AT TEMPORARY LOCATIONS; PRO-
VIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PROVIDING FOR A MAXIMUM PENALTY OF $200.00; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE:
Section 1. That the Code of Ordinances of the City of Huntsville is hereby
amended by the addition to Chapter 13B, "Pawnbrokers," a new Article
II, entitled "Purchase of Used Jewelry other than by Pawnbrokers" that
will read as follows:
ARTICLE II.
PURCHASE OF USED JEWELRY OTHER THAN BY PAWNBROKERS
Section 13B -10. Additional Definitions.
(a) "Business" means an activity carried on by any person who buys
used jewelry, bullion, money, silverware, precious metal, or
semiprecious gems, 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.).
(b) "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.
(c) "Money" means money which has numismatic value.
(d) "Bullion" means Gold and Silver which is in the form of bars,
plates, lumps or other masses which shall include items which
are not intended to be used as coins but have a value based upon
its weight and quality.
(e) "Silverware" means silver or silver plated flatware, trays, goblets,
dishes and serving pieces.
(f) "Precious metal" means gold, silver, or platinum.
(g) "Semiprecious gems" includes but is not limited to such gems
as jade, tanzanite, tsavorite, garnets and aquamarines.
(h) "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.).
(i) "Permittee" means dealer who has been issued a permit hereunder.
(j) "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 13B -11. 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 application in
writing to the City Secretary on a form provided for that pur-
pose. Such form shall be sufficient if it includes the follow-
ing 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
of any civil litigation arising out of sales or purchases of
any goods or services and, if so, the identity of other par-
ties 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.
Section 13B -12. Issuance of Permits, Fee.
(a) Upon receipt of the application, the City Secretary shall issue a
permit upon the payment of a fee of Twenty Dollars ($20.00); pro-
vided, 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, provided, however, that any
permit shall expire and be void if the permittee does not engage in
the business of buying used jewelry, money, bullion, silverware,
precious metal, or semiprecious gems within the City for more than
ninety (90) consecutive days.
(b) A permit issued hereunder may be summarily revoked by the City
Secretary if a permittee is found guilty of criminal offense de-
fined in Title 7 of the Texas Code or their criminal equivalent
by a court of competent jurisidction.
Section 13B -13. Record of purchases.
(a) Upon the purchase of any goods defined in Section 13B -10 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, including 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 pre-
sents 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. 13B -10 (b),
(e), or (g) 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. 13B -10
(c) , (d) and (f) .
Section 13B -14. Purchases at Temporary Locations.
Any dealer who conducts 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 City Secretary within
twenty -four (24) hours of terminating the temporary location.
Section 13B -15. 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 Hundred ($200.00) Dollars.
Section 2: All ordinances or parts of ordinances inconsistent with the terms
of this ordinance are hereby repealed; provided, however, that such re-
peal shall be only to the extent of such inconsistency and in all other
respects this ordinance shall be cumulative of other ordinances regula-
ting and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sen-
tence, clause or phrase of this ordinance or the application of same to
any person or set of circumstances, shall for any reason be held uncon-
stitutional, 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 4: 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 publication. The City Secretary is hereby directed to give
notice hereof by causing the caption of this ordinance to be published
in the City's official newspaper at least once within twenty (20) days
after its final passage by City Council.
PASSED UNANIMOUSLY FIRST READING THIS 23rc1DAY OF 3 U Ne , 1981.
PASSED SECOND READING THIS DAY OF , 1981.
APPROVED THIS 6:2_574e/ DAY OF
ATTEST:
J cur> e
DeShaw, City Secretary
APPROVED AS TO FORM:
Scott Bounds, City Attorney
, 1981.
THE CITY OF HUNTSVILLE, TEXAS