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HomeMy WebLinkAbout16140 1/2 ORD - 04/01/1981CO. 0- ; 2NQ AN ORDINANCE • AMENDING CHAPTER 37, "PAWNBROKERS AND SECONDHAND DEALERS", OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, FOR THE PURPOSE OF CLARIFYING AND EXPANDING THE REGULATION OF PAWNBROKERS, SECONDHAND DEALERS AND GEM AND METAL DEALERS; CHANGING THE TITLE TO INCLUDE GEM ,AND METAL DEALERS; DEFINING TERMS; REQUIRING RECORDS TO BE KEPT ON TRANSACTIONS BY PAWNBROKERS, SECONDHAND AND GEM AND METAL DEALERS; PROVIDING FOR POLICE INSPECTIONS pi. RECORDS AND STOCK OF SAID PERSONS; PROHIBITING ALTERATIONS AND REMOVAL OF PROPERTY RECEIVED BY SUCH PERSONS FOR A PERIOD OF FORTY-EIGHT HOURS AND PROVIDING A HARDSHIP EXCEPTION; PROHIBITING PURCHASES FROM MINORS AND PERSONS WITHOUT IDENTIFICATION; REQUIRING REGISTRATION OF ITINERANT DEALERS; PROVIDING FOR A . REGISTRATION FEE; REQUIRING A BOND; LIMITING APPLICABILITY OF THE ARTICLE; PROVIDING FOR A FINE NOT EXCEEDING $200 FOR VIOLATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 37, Pawnbrokers and Secondhand Dealers of the Code of Ordinances, City of Corpus Christi, 1976 Revision, as amended, be and is hereby amended to read as follows: Chapter 37 PAWNBROKERS, SECONDHAND DEALERS = AND GEM AND METAL DEALERS Sec. 37-1. Definitions. The following definitions shall apply in interpretation and enforcement of this chapter. Pawnbroker. A pawnbroker is anyone engaged in the business of lending money on the security of pledged goods; or of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Pledged goods. Pledged goods are personal property other than choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a pawn transaction. Secondhand dealer. A secondhand dealer is anyone engaged in the business of purchasing and/or selling secondhand personal property and shall include gem and metal dealers. The term also includes dealers in new personal property items to the extent that such dealers purchase and/or sell secondhand personal property in the conduct of their business. thiMEILM ED, 16140 l� ►SEP Z 71984 Gem and metal dealer. A gem and metal dealer is anyone engaged in the business of buying and/or selling secondhand items containing gold, silver, copper, platinum, brass or other precious or semi-precious metals, and/or coins traded for other than their face value, and/or secondhand items of jewelry, including cut and uncut precious and semi-precious gems and stones. Itinerant dealers. Itinerant dealers shall include all persons who engage in a transient business of pawnbroking or secondhand dealing and for the purpose of carrying on such business use any vehicle parked upon the streets or vacant lots of the city or use the vacant lots of the city, or who either hire, rent, lease or occupy any room or space in any building, structure or other enclosure in the city from, through or in which such business is transacted. Transient business. A transient business shall include any such business operated or conducted by a person or by his agents or employees when such person resides away from the city, or has headquarters or a fixed place of business in some place other than the city or who operates or intends to operate such business in the city for a period less than thirty (30) days. Person. The term person shall include an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized. Purchase. The term purchase, in its various forms, shall include exchange, trade, barter and any other form of transaction by which property ownership is acquired for consideration. Sell. The term sell, in its various forms, shall include exchange, trade, barter and any other form of transaction by which property ownership is granted for consideration. Secondhand. The term secondhand applies to items which have been previously used or previously owned or sold by a retailer. Sec. 37-2. Records. It shall be the duty of every pawnbroker or secondhand dealer in the city, whether such pawnbroker or secondhand dealer is a resident or itinerant business, to keep a book, in a form approved by the Chief of Police, in which shall be legibly written in ink at the time of each loan or purchase an accurate , account and description in the English language of all secondhand items pawned, 2 pledged or purchased, the amount of money loaned thereon, or paid therefor, the date of pledging or purchasing of the same, the rate of interest to be paid on such loan, the name, residence address and telephone number of the person pawning, pledging or selling the items and an accurate description, including proof of identity, of the person pawning, pledging, or selling the items. A numbered identification shall be required for proof of identity and such numbered identification shall have a photograph for verification except where the pawnbroker or secondhand dealer has personal knowledge of the identity of the person pawning, pledging or selling the items. No entry made in such book shall be erased, obliterated or defaced. All such records shall be kept on file by the pawnbroker or secondhand dealer for a period of two years. • Sec. 37-3. Inspection of records and stock. The book required to be kept, as well as every article or thing of value pawned or pledged, or any secondhand article obtained through purchase or exchange, shall at all reasonable times be open to the inspection of .any member of the police division. Sec. 37-4. Personal property not to be removed etc. until forty-eight hours after date of purchase;: - exception. No personal property received by a pawnbroker or secondhand dealer on deposit or pledge or by purchase shall be permitted to be redeemed or removed from the place of business of such pawnbroker or secondhand dealer or from the City of Corpus Christi for a period of forty-eight (48) hours after the close of business on the date such item shall have been received by such pawnbroker or secondhand dealer, nor shall any such property be altered in any way or have any identifying markings, names or numbers altered or obliterated during such time. Where any pawnbroker or secondhand dealer finds that such period will work a hardship or constitute an undue burden, he may so notify the Chief of Police or his designated representative in writing of his need to act and that the item or items are available for inspection. Upon inspection and release of the item or items by an officer of the Police Division or the lapse of twelve (12) hours from the receipt by the Chief of Police or his designated representative of the required notification, the forty-eight (48) hour waiting period shall be deemed to have been satisfied. 3 Sec. 37-5. Purchases from minors, persons without required identification prohibited. No person doing business as a pawnbroker or secondhand dealer shall take or receive in pawn or pledge for money loaned or shall purchase any property, bonds, notes, securities or other valuable things from a minor under eighteen (18) years of age or any person without such identification as is required to be shown and recorded by this article. Sec. 37-6. Itinerant dealers registration. No itinerant dealer shall operate any phase or portion of his business without first registering with the Police Division on a form provided by the Police Division and requiring such information as may be determined by the Chief of Police and requested by such forms. Each such registering dealer shall receive, upon approval of the bond required by this article, a certificate of, registration which shall be prominently displayed at the place of his operation at all times during which the business is conducted. No registration shall be effective for more than thirty (30) days. Sec. 37-7. Same - Fee. A fee in the amount of twenty dollars ($20.00) shall be charged each registering itinerant dealer to cover the cost of administering the registration requirement. Sec. 37-8. Bond required. Prior to receiving a certificate of registration, each. itinerant dealer shall file a bond in the penal amount of five thousand dollars ($5,000.00) with the Chief of Police, such bond to be approved by the City Attorney. No,bond shall be approved unless it be with a surety company qualified to do business in the State of Texas. The required bond shall be in favor of the City of Corpus Christi for the use of the city and any person who may have a cause of action against the obligor of said bond under the provisions of this article. The bond shall be conditioned that the ogligor will comply with the provisions of this chapter and all other applicable laws, statutes and ordinances, and will pay to the city and to any such person any and all amounts of money that may become due or owing to the city or such person from said obligor under the provisions of this article. Sec. 37-9. Applicability. The provisions of this article shall not be interpreted so as to apply to persons or transactions associated with bona fide trade shows or conventions where all transactions of purchase, sale or exchange are made in connection with such trade shows or conventions and within the confines of the trade show or convention situs nor to auctions or auction houses operated by a duly licensed auctioneer. Sec. 37-10, Violations - penalty. Violations of any provision of this chapter shall constitute an offense punishable by a fine not to exceed two hundred dollars ($200.00). Each and every failure to record, register or comply with any provision of this chapter and each and every item obtained by pawn, pledge or purchase in violation of this chapter shall constitute a separate offense. - SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or (provision of this ordinance, for it is the definite intent of this -City Council that every section, paragraph; subdivision, clause, phrase, word or provision thereof be given full force and effect for its purpose. SECTION 3. Except as otherwise provided, this ordinance shall be in full force and effect after publication which shall be made one time; by publishing in the official newspaper of the City of Corpus Christi the caption of this ordinance stating in substance the purpose, intent and effect of the aforesaid ordinance. 5 That the foregoing ordinance was read for he firs time ana,Passed to its , second reading on this the /) day of , 194f/ , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for third reading on this the ac day of following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K.'Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky nd time and passed to its , 19 , by the That the foregoing ordinabc was -read for the third time and passed finally on this the 11A -day of. F�{�..i L , 192/ , by the following vote: n Luther Jones Edward L. Sample Dr. Jack Best Jack K.'Dumphy Leopoldo Luna_ Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the AA- day of ATTEST: y Secretary APPROVED: fife DAY OF , 19,1: J. BRUCE AYCOCK, CITY ATTORNEY By Assist nt City Attorney MAYO ,19P THE C Y OF CORPUS CHRISTI, TEXAS 1614 1) MOTION TO AMEND - Jul p if y moved and 1-3. 7 seconded this motion to amend the ordinance amending Chapter 37, Pawnbrokers and Secondhand Dealers of the Code of Ordinances, passed on first reading by the City Council of the City of Corpus Christi on March 11, 1981, as follows: 1. Amending the caption of the ordinance to delete the words "PRECIOUS METALS" appearing the fifth line of the caption and substituting therefor the words "GEM AND METAL"; to delete the words "PRECIOUS METALS" appearing in the sixth line of the caption and substituting therefor the words "GEM AND METAL"; to delete the words "PRECIOUS METALS" appearing in the eighth and ninth lines of the caption and substituting therefor the words -GEM AND METAL"; to delete the words "REQUIRING DAILY REPORTS BY SAID PERSONS OF THEIR TRANSACTIONS TO BE MADE TO THE POLICE DIVISION" appearing in the tenth, eleventh and twelfth lines of the caption; deleting the word "SALES", appearing in the twelfth, line of the caption. 2. Amending Section 1 of the ordinance to change the title of Chapter 37 of the Code of Ordinances to read as follows: "PAWNBROKERS, SECONDHAND DEALERS AND GEM AND METAL DEALERS" 3. Amending the first sentence which comprises the first paragraph of "Sec. 37-1. Definitions." of Section 1 of the ordinance to read as follows: "The following definitions shall apply in interpretation and enforcement of this chapter." 4. Amending the definition of "Secondhand dealer" under Sec. 37-1. Definitions." of Section 1 of the ordinance to delete the words "precious metals" appearing in the third sentence of said definition and substituting therefor the words "gem and metal"; to add a sentence to said definition of the ordinance to read as follows: "The term also includes dealers in new personal property items to the extent that such dealers purchase and/or sell secondhand personal prop- erty in the conduct of their'business." 5. Amending"Sec. 37-1. Definitions" of Section 1 of the ordinance by redesignating the term "Precious metals dealer" on page 2 of the ordinance as "Gem and metal dealer" and to define said term as follows: "Gem and metal dealer." A gem and metal dealer is anyone engaged in the business of buy and selling secondhand items containing gold, silver, copper, platinum, brass or other precious or semi-precious metals, and/or coins traded for other than their face value, and/or second- hand items of jewelry, including cut and uncut precious and semi-precious gems and stones." 6. Amending "Sec. 37-1. Definitions." of Section 1 of the ordinance by deleting in the term "Purchase and sell" on page 2 of the ordinance the words,"and sell" and to define as follows: "Purchase." The term purchase, in its various forms shall include exchange, trade, barter and any other form of transaction by which property ownership is acquired for consideration." 7. Amending "Sec. 37-1. Definitions." of Section 1 of the ordinance to add the definition of "Sell" as follows: "Sell. The term sell, in its various forms, shall include exchange, trade, barter and any other form of transaction by which property ownership is granted for consideration." 8. Amending "Sec. .37-1. Definitions." of Section 1 of the ordinance to add the definition of "Secondhand" as follows: "Secondhand. The term secondhand applies to items which have been previously used or previously owned or sold by a retailer." 9. Amending "Sec. 37-2. Records." on page 2 of Section 1 of the ordinance to read as follows: "It shall be the duty of every pawnbroker or secondhand dealer in the city, whether such pawnbroker or secondhand dealer is a resident or itinerant business, to keep a book, in a form approved by the Chief of Police, in which shall be legibly written in ink at the time of each loan or purchase, an accurate account and description in the English language of all secondhand items pawned, pledged or purchased, the amount of money loaned thereon, or paid therefor, the date of pledging or purchasing of the same, the rate of interest to be paid on such loan, the name, residence address and telephone number of the person pawning, pledging or selling the items and an accurate description, in- cluding proof of identity, of the person pawning, pledging or selling the items. A numbered identification shall be required for proof of identity and such numbered identification shall have a photograph for verification except where the pawnbroker or secondhand dealer has personal knowledge of the identity of the person pawning, pledging or selling the items. No entry made in such book shall be erased, obliterated or defaced. All such records shall be kept on file by the pawnbroker or secondhand dealer for a period of two years." 10. Deleting "Sec. 37-4. Daily Reports" on page 3 of Section 1 of the ordinance in -its entirety and renumbering subsequent sections of Section 1 of the ordinance accordingly. 11. Amending Sec. 37-5 of Section 1 of the ordinance by deleting the word "sold" and substituting therefor the word "removed" in the first line of the title of said section. 12. Amending Sec. 37-5 of Section 1 of the ordinance by deleting the words "report delivered to chief of police" and substituting therefor the words "date of purchase" in the second and third lines of the title of said section. 13. Amending Sec. 37-5 of Section 1 of the ordinance by adding the words "by a pawnbroker or secondhand dealer" between the words "received on" in the first line; adding the word "by" between the words "or purchased" in the first line and striking the "d" in said word "purchased" in the first line; deleting the words "sold or" in the second line; deleting the word "a" and substituting therefor the word "such" in the third line; deleting the words_"without being reported on the required form and" in the fourth line; deleting the words "daily report required by this article" and substituting the words "close of business on the date such item" in the fifth line; deleting the words "delivered to the chief of police" and substituting the words "re- ceived by such pawnbroker or secondhand dealer" in the sixth Tine; deleting the phrase "of such notification" in the thirteenth line; and adding the phrase "of the required notice" after the word "representative" in the fourteenth line. 14. Amending Sec. 37-6 on page four of Section 1 of the ordinance by deleting the word "sufficient" and substituting the word "required" in the title of the section; adding the word "prohibited" at the end of the title of the section; deleting the words "or sell" in the second line of the first para- graph of the section; deleting the words "or to" in the third line; deleting the word "sufficient" and substituting the word "such" in the fourth line; adding the words "as is" between the words "identification required" in the fifth line; adding the words "shown and" between the words "be recorded" in the fifth line; deleting the phrase "and reported to the police department" in the fifth line; deleting the comma and substituting a period after the . word "article" in the sixth line and deleting everything thereafter in the section. 15. Amending Sec. 37-7 on page four of Section 1 of the ordinance by deleting the words "Registration by" at'the beginning of the title of the section; capitalizing the word "itinerant" in the title of the section; adding a hyphen and the word "registration" after the word "dealers" in the title of the section; deleting the words "pawnbroker or secondhand" in the first line of the section; deleting the word "such" and substituting the word "his" in the second line; capitalizing the words "police" and division" in the second line and in the third line; deleting the words "police division" and substituting the words "Chief of Police" in the fourth line; and adding the sentence "No registration shall be effective for more than thirty (30) days." at the end of the section. 16. Amending Sec. 37-8 on page four of Section 1 of the ordinance by deleting the words "pawnbroker and secondhand" in the second line of the section. 17. Amending Sec. 37-9 on pages four and five of Section1 of the ordinance by adding the word "Same" followed by a hyphen at the beginning of the title of the section and capitalizing subsequent words in the title accordingly; adding the words "Prior to receiving a certificate of registration" at the begin- ning of the first line of the section and capitalizing subsequent words accordingly; deleting the words "pawnbroker and secondhand" and substituting the word "itinerant" in the first line; deleting the words "itinerant and resident" and the commas which precede and follow such words in the first line; adding the words "a bond in the penal sum of five thousand dollars ($5,000.00)" between the words "file with" in the second line; adding a comma after the .word "Police" in the second line; deleting the word "a" and substituting the word "such" in the second line; deleting the comma after the word "Attorney" and substituting a period in the second line; deleting the phrase "in the amount of five thousand dollars ($5,000.00)" and substituting the words "No bond shall be approved unless it is" in the second line and third line; deleting the comma after the word "Texas" and substituting a period in the fourth line; deleting the word "which" and substituting the words "The required" in the fourth line; adding a period after the word "article" in the sixth line; deleting the word "and" and substituting the words "The bond" in the seventh line; deleting the word "article" and substituting the word "chapter" in the eighth line of the section on page five of Section 1 of the ordinance; and deleting the last sentence of the section which reads as follows: "Proof that a current satisfactory bond is on file with the Consumer Credit Commissioner pursuant to the provisions of the Texas Pawnshop Act, Art. 5069 51.01 et. seq., V.A.C.S., shall satisfy the requirements of this section." 18. Amending Sec. 37-11. "Violations - penalty." of Section 1 of the ordinance by deleting the word "article" and substituting the word "chapter" in the first line of the section; deleting the word "be" and substituting the words "constitute an offense" in the first line; and adding a sentence at the end of the section to read as follows; "Each and every failure to record, register or comply with any provision of this chapter and each and every item obtained by pawn, pledge or purchase in violation of this chapter shall constitute a separate offense PASSED