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HomeMy WebLinkAbout020848 ORD - 12/12/1989AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 37, PAWNBROKERS, SECONDHAND DEALERS AND GEM AND METAL DEALERS, SO AS TO EXEMPT CLOTHING, FURNITURE, MOTOR VEHICLES OR DONATED GOODS SALES, BUT TO INCLUDE FLEA MARKETS, MERCADOS, MARKET PLACES OR OPEN AIR MARKETS; REQUIRE CERTAIN RECORDS AND IDENTIFICATION INCLUDING THUMBPRINTS FOR PAWNING GOODS; EXTEND HOLDING TIME OF GOODS; PROVIDE A PENALTY FOR PURCHASE OF ALTERED, OBLITERATED OR MISSING IDENTIFICATION NUMBERS; REGULATE HOURS OF OPERATION; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by amending Sections 37-1, Definitions, by amending the definition of secondhand dealer only to read as follows: Sec. 37-1. Definitions. Secondhand dealer. A secondhand dealer is anyone engaged in the business of purchasing and/or selling secondhand personal property (excluding the secondary metals recycling industry, items of clothing, furniture, motor vehicles, or donated goods), 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. The term secondhand dealer shall also include all flea markets, mercados, market places, or open air markets. SECTION 2. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by amending Section 37-2, Records, to read as follows Sec. 37-2. Records. (a) 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 and specified by the chief of police, in which shall be legibly printed in ink at the time of each loan or purchase an accurate account and description including serial numbers and owner applied identification numbers in the English language of all secondhand items pawned, pledged, or purchased, the following information including but not limited to the amount of money loaned thereon, or paid therefor, the date and time of pledging or purchasing \ORD-RES\89070 (j46 M!CROFPI !!F9 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, the complete name of the employee accepting such goods, 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 (2) years. B. A thumbprint of the person pawning, pledging, or selling items to a pawnbroker or pawnshop shall be required in a form approved by the chief of police. Access to the prints will be restricted and not disclosed to the general public. Such prints will only be used by the police department for law enforcement purposes. SECTION 3. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by amending Section 37-3, Inspection of records and stock, to read as follows 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 authorized employee of the police department, and be kept available on the business premises. SECTION 4. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by amending Section 37-4, Return of pledged goods; personal property not to be removed, etc., to read as follows: Sec. 37-4. Return of pledged goods; personal property not to be removed, etc., until fourteen (14) business days after date of purchase; exception. (a) Other provisions of this chapter notwithstanding, goods pledged to a pawnshop shall be returned to the pledgor or redeemer upon payment of the full amount due the pawnbroker on the pawn transaction, in accordance with state law and this Code. (b) Except as otherwise provided in this section, no personal property received by a pawnbroker or secondhand dealer on deposit or pledge or by purchase ORD-RES\89070 2 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 fourteen (14) business days 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 number, altered or obliterated during such time. (c) Where any pawnbroker or secondhand dealer finds that such period will work a hardship or constitutes 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 authorized employee of the police department or the lapse of twelve (12) hours from the receipt by the chief of police or his designated representative of the required notification, the fourteen (14) business day waiting period shall be deemed to have been satisfied. (d) The fourteen (14) business day waiting period provided for in this section shall not be applicable where pawned property is sought to be redeemed by the depositor or pledgor thereof, provided, however, that whenever such pawned property is redeemed by such pledgor prior to the lapse of the fourteen (14) business day holding period, the pawnbroker shall note such premature redemption in the record book required by section 37-2 of this chapter, such notation to include the required identifying description and information. SECTION 5. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by renumbering present Section 37-10, Violations; penalty, to Section 37-13. SECTION 6. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by adding a new Section 37-10, Possession of items that have altered, obliterated, or missing serial or identification numbers prohibited, to read as follows: 37-10. Possession of items that have altered, obliterated, or missing serial or identification numbers prohibited. It shall be unlawful for any pawnbroker or secondhand dealer to knowingly possess or accept for pawn, pledge, sale, or purchase any items that have an altered, obliterated, or missing serial or identification number. Such an offense shall be punishable by a fine not to exceed two hundred dollars ($200). \ORD-RES\89070 3 SECTION 7. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by adding a new Section 37-11 to read as follows: Sec. 37-11. Registered pawnbrokers and secondhand dealers. All pawnshops or secondhand stores operating within the limits of the City of Corpus Christi shall be registered by the Corpus Christi police department. Regulations shall be established by the chief of police concerning registration application, suspension, or revocation. SECTION 8. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by adding a new Section 37-12 to read as follows: Sec. 37-12. Registered pawnbrokers and secondhand dealers; hours of operation. All holders of permits issued pursuant to this chapter shall not exceed the following hours of operation during which they are open to the public: Monday through Sunday, 7:00 a.m. to 9:00 p.m. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held 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 hereof be given full force and effect for its purpose. SECTION 10. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance. SECTION 11. This ordinance shall become effective 180 days after publication of the caption. ORD-RES\89070 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 19 , by the following vote: Betty N. Turner Edward A. Martin David Berlanga, Sr-. Joe McComb Leo GLerrerc Clif Moss Tom Hunt Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read for the second time and passed to its third reading on this the :2\ (t, day of,///g& J ;),_(,y r-- , 19 _l , bythe following vote: Betty N. Turner Edward A. Martin David Berlanga, Sr. Joe McComb Leo Guerrero Clif Moss Tom Hunt Mary Rhodes Frank Schwing, Jr. That the foregoing ordin4nce was read for the third time and passed finally on this the day of , 19> I , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt PASSED AND APPROVED, this the ATJfST: ) 1i City Secretary APPROVED: 12/ DAY OF � ce-n.f,�, , 194:1: CF(y Attorney 99.046.01 fria Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. day of , 19 MA‘OR THE CITY OF CORPUS CHRISTI, TEXAS TEXAS: AN URDINANCL AMENDING CHAPTER 37, PAWNBROKERS, SECONDHAND DEALERS AND GEM AND METAL DEALERS, EY AMENDING SECTIONS 37-1, DEFINITIONS, 37-2, RECORDS, 37-3, INSPECTION OF RECORDS AND STOCK, 37-4, RETURN OF PLEDGED GOODS; PERSONAL PROPERTY NOT TO BE REMOVED, ETC., UNTIL FOURTEEN BUSINESS DAYS AFTER DATE OF PURCHASE; EXCEPTION; ADDING A NEW SECTION 37-10, POSSESSION OF ITEMS THAT HAVE ALTERED, OBLITERATED, OR MISSING SERIAL OR IDENTIFICATION NUMBERS PROHIBITED; ADDING A NEW SECTION 37-11, REGISTERED PAWNSHOPS AND SECONDHAND STORES; AND RENUMBERING PRESENT SECTION 37-10 TO SECTION 37-13; ADDING A NEW SECTION 37-12, HOURS OF OPERATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That Chapter 31, Pawnbrokers, Secondhand ano Metal Dealers, is amended by amending Sections 37-1, amending the definition of secondhand dealer only; 37-2, Inspection of records and stock; 37-4, Return of pledged property not to be removed, etc., until seventy-two hours purchase; exception; adding a new Section 37-10, Possession of altered, obliterated, or missing serial that those sections read as follows: Sec. 37-1. Definitions. Dealers and Gem Definitions, by Records; 37-3, goods; personal after date of items that have or identification numbers prohibited, so Secondhand dealer. A secondhand dealer is anyone engaged in the business of purchasing and/or selling secondhand personal property (excluding items of clothing, furniture, motor vehicles, or donated goods), 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. The term secondhand dealer shall also include all flea markets, niercados, market places, or open air markets 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 records, in a form approved and specified by the chief of police, in which shall be legibly printed in ink at the time of each loan an accurate account and description including serial numbers and owner applied identification numbers it the English language of all secondhand items pawned or pledged the following information including but not limited to the amount of money 208PW091. o rd loaned thereon, or paid therefor, the date and time of pledging of the same, the rate of interest to be paid on such loan, the name, and residence address 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 d 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. A thumbprint of the person pawning, pledging, or selling an item shall be applied or affixed to each pawn ticket. No entry made in such records 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 (2) years. Sec. 31-3. Inspection of records and stock. The records 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 authorized employee of the police department, and be kept available on the business premises. Sec. 37-4. Return of pledged goods; personal property not to be removed, etc., until fourteen (14) business days after date of purchase; exception. (a) Other provisions of this chapter notwithstanding, goods pledged to a pawnshop shall be returned to the pledgor or redeemer upon payment of the full amount due the pawnbroker on the pawn transaction, in accordance with state law and this Code. (b) Except as otherwise provided in this section, 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 fourteen (14) business days 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 he altered in any' way or have any identifying markings, names or number, altered or obliterated during such time. (c) Where any pawnbroker or secondhand dealer finds that such period will wcrk a hardship or constitutes 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 authorized employee of the police department or the lapse of twelve (12) hours from the receipt by the chief of police or his designated representative of the required notification, the fourteen (14) business day waiting period shall be deemed to have been satisfied. 208PWO91.ord (u) The fourteen (14) business clay waiting period provided for in this section shall not be applicable where pawned property is sought to be redeemed by the depositor or pledgor thereof, provided, however, that whenever such pawned property is redeemed by such pledgor prior to the lapse of the fourteen (14) business day holding period, the pawnbroker shall note such premature redemption in the records required by section 37-1 of this chapter, such notation to include the required identifying description arra information. Sec. 37-10. Possession of items that have altered, obliterated, or missing serial or identification numbers prohibited. It shall be unlawful for any pawnbroker or secondhand dealer to knowingly possess or accept for pawn, pledge, sale, or purchase any items that have an altered, obliterated, or missing serial or identification number. Such an offense shall be punishable by a fine not to exceed two hundred dollars ($200). SECTION 2. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by renumbering present Section 37-10, Violations; p nalty, to Section 37-13. SECTION 3. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem ana Metal Dealers, is amended by adding a new Section 37-11 to read as follows: Sec. 37-11. Registered pawnbrokers and secondhand dealers. A'fl pawnshops or secondhand stores operating within the limits of the City of Corpus Christi shall be registered by the Corpus Christi Police Department. Regulations shall be established by the Chief of Police concerniny registration application, suspension, or revocation and the annual permit fee to be charged each registered pawnbroker or secondhand dealer. SECTION 4. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by addiny a new Section 37-12 to read as follows: Sec. 37-12. Registered pawnbrokers and secondhand dealers; hours of operation. All holders of permits issued pursuant to this chapter shall not exceed the following hours of operation during which they are open to the public: Monday through Sunday, 7:00 a.m. to 9:00 p.m. SECTION 4. if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall nct affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City 2O8PW091. ord Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. 2O8PW091.orc TEXAS: AN ORDINANCE AMENDING CHAPTER 37, PAWNBROKERS, SECONDHAND DEALERS AND GEM AND METAL DEALERS, BY AMENDING SECTIONS 37-1, DEFINITIONS, 37-2, RECORDS, 37-3, INSPECTION OF RECORDS AND STOCK, 37-4, RETURN OF PLEDGED GOODS; PERSONAL PROPERTY NOT TO BE REMOVED, ETC., UNTIL FOURTEEN BUSINESS DAYS AFTER DATE OF PURCHASE; EXCEPTION; ADDING A NEW SECTION 37-10, POSSESSION OF ITEMS THAI HAVE ALTERED, OBLITERATED, OR MISSING SERIAL OR IDENTIFICATION NUMBERS PROHIBITED; ADDING A NEW SECTION 37-11, REGISTERED PAWNSHOPS AND SECONDHAND STORES; AND RENUMBERING PRESENT SECTION 37-10 TO SECTION 37-12; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That Chapter 37, Pawnbrokers, Secondhand Dealers and Geni and Metal Dealers, is amended by amending Sections 37-1, Definitions, by amending the definition of secondhand dealer only; 37-2, Records; 37-3, Inspection of records and stock; 37-4, Return of pledged goods; personal property not to be removed, etc., until seventy-two hours after date of purchase; exception; adding a new Section 37-10, Possession of items that have altered, obliterated, or missing serial or identification numbers prohibited, so that those sections read as follows: Sec. 37-1. Definitions. Secondhand dealer. A secondhand dealer is anyone engaged in the business of purchasing and/or selling secondhand personal property (excluding items of clothing, furniture, motor vehicles, or donated goods), and shall include gem and metal dealers. The terns 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. The terra secondhand dealer shall also include all flea markets, mercados, market places, or open air markets. 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, pledged or purchased, the amount of money loaned thereon, or paid therefor, the date and time of pledging or purchasing of the sane, the rate of interest to be paid on such loan, the name, residence address and telephone number of the person pawning, pledging, selling or purchasing the items and an 208PW091.ord 1' < / ,� t accurate description, including proof of identify, of the person pawning, pledging, selling, or purchasing the items, A numbered identification shall be required tor 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, selling, or purchasing the items. A thumbprint of the person pawning, pledging, selling, or purchasing the items shall be imprinted on each pledge or purchase record. 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 (2) 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 authorized employee of the police department, and be kept available on the sales floor. Sec. 37-4. Return of pledged goods; personal property not to be removed, etc., until fourteen (14) business days after date of purchase; exception. (a) Other provisions of this chapter notwithstanding, goods pledged to a pawnshop shall be returned to the pledgor or redeemer upon payment of the full amount due the pawnbroker on the pawn transaction, in accordance with state law and this Code. (b) Except as otherwise provided in this section, 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 fourteen (14) business days 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 number, altered or obliterated during such time. (c) Where any pawnbroker or secondhand dealer finds that such period will work a hardship or constitutes 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 authorized employee of the police department or the lapse of twelve (12) hours from the receipt by the chief of police or his designated representative of the required notification, the fourteen (14) business day waiting period shall be deemed to have been satisfied. (d) The fourteen (14) business day waiting period provided for in this section shall not be applicable where pawned property is 208PW091.ord sought to be redeemed by the depositor or pledgor thereof, provided, however, that wherever such pawned property is redeemed by such pledgor prior to the lapse of the fourteen (14) business day holding period, the pawnbroker shall note such premature redemption in the record book required by section 37-1 of this chapter, such notation to include the required identifying description and information, and shall notify the police division thereof not later than the close of business of the day of such redemption. Sec. 37-10. Possession of items that have altered, obliterated, or missing serial or identification numbers prohibited. It shall be unlawful for any pawnbroker or secondhand dealer to knowingly possess or accept for pawn, pledge, sale, or purchase any items that have an altered, obliterated, or missing serial or identification number. Such an oftense shall be punishable by a fine not to exceed two hundred dollars (5200). SECTION 2. That Chapter 37, Pawnbrokers, Secondhand Dealers and Gem and Metal Dealers, is amended by renumbering present Section 37-10, Violations; penalty, to Section 37-12. SECTION 3. That Chapter 37, Pawnbrokers, Secondhand Dealers and Geni ano Metal Dealers, is amended by adding a new Section 37-11 to read as follows: Sec. 37-11. Registered pawnbrokers and secondhand dealers. Ail pawnshops or secondhand stores operating within the limits of the City of Corpus Christi shall be registered by the Corpus Christi Police Department. A fee in the amount of 25c per pawnshop or secondhand dealer registration ticket shall be charged each registered pawnbroker or secondhano dealer to cover the costs of administering the provisions contained in this chapter. Regulations shall be established by the Chief of Police concerning registration application, suspension, or revocation. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held 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 hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose or the ordinance, this ordinance to become effective upon such publication. 208PW091.ord That the foregoing ordinance was read for t'first time and p led to its second reading on this the /(, day of it �;��Y. j , 19 �� , by the following vote: ., 7 Betty N. Turner ,.la k' • Edward A. Martin Ai - David Berlanga, Sr. ,LC T Joe McComb Leo Guerrero ,.�Lt7-t:;� Clif Moss 1/-1_ Tom Hunt L L Mary Rhodes LIZ i' Frank Schwing, Jr. Lt,bL',2i,L-'(, That the foregoingq ordinance was third reading on 'k,J;iis the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt r read for day of the second time and pa,s,sed to its ' , 19 /, by the Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 1 That the foregoing ordinance was read for the third time and passed finally on this the day of , 19 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt PASSED AND APPROVED, this the ATT T: City Secretary lPRO/ DV OF �Yti, HAL GEORGE, CITY ATTORNEY 99.044.01 Edward A. 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