HomeMy WebLinkAbout16140 1/2 ORD - 04/01/1981CO.
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AN ORDINANCE
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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,
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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.
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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.
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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.
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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