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Ord 3755 1/20/1981 ORDINANCE NO. S/5:1g( ORDINANCE REGULATING PURCHASERS OF GOLD, SILVER, JEWELRY AND COINS AND THE SCALES OR WEIGHT DEVICES USED, AND DECLARING AN EMERGENCY. WHEREAS, because of the fact that the City of Wichita Falls has been plagued with a series of burglaries and robberies involv- ing gold, silver, jewelry and coins, together with the fact that unregulated purchasers of such items may encourage such burglaries and robberies, the Board of Aldermen have determined that it is in the public interest to regulate such purchasers. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. It shall be unlawful for a person, the majority of whose business in Wichita Falls is the purchasing of gold, silver, jewelry or coins , to purchase any gold, silver, jewelry or coins within the City of Wichita Fallswithout complying with the provisions of this ordinance. SECTION 2 . It shall be unlawful for such purchaser of gold, silver, jewelry or coins to purchase or to advertise that he is a purchaser or that he will purchase gold, silver, jewelry or coins without first securing a permit from the City Clerk. SECTION 3. There is hereby established a permit board for the City, which shall be composed of the City Manager, who shall be chairman of the board, the City Attorney, the Chief of Police and the City Clerk. The permit board shall perform all duties incumbent upon it under the terms of this article. SECTION 4. Any individual , firm, association or corporation ' desiring a permit required by this article shall make written appli- cation therefor to the City Clerk, on a form to be furnished by the City Clerk , which application shall show the following: (a) The full name and post office address of the applicant, and his social se,:urity number if an individual. (b) The city, county and state in which the applicant perma- nently resides, or, if the applicant is other than an individual, in which the applicant has its principal place of business. (c) If applicant is an individual, the date of birth, height, weight, complexion, color of hair and color of eyes of applicant. (d) Whether the applicant or his employees have ever been convicted of a felony or a Class A or Class B misdemeanor. (e) The application shall be signed by the applicant if an individual, by a partner if a partnership, by the presi- dent or vice-president if a corporation, and by an au- thorized officer if an association. SECTION 5. There shall be attached to each application for a permit the following: (a) If the applicant is an individual working for a company a certificate or letter from the president, vice-president, general manager, sales manager, assistant sales manager or district or area manager of the company, stating that the applicant is an employee and/or agent of such company. (b) If applicant is other than an individual, a list of all their employees who will be working under this permit, giving their full names and addresses, their social security numbers, the city, county and state in which each resides permanently, and the date of birth, height, weight, complexion, color of hair and color of eyes of each of them. (c) If, while a permit is in effect, the applicant desires to hire more employees the applicant shall furnish to the City Clerk an additional list, containing the information described in subection (c) above; such new employees may not work under this permit until they are approved by the permit board. (d) If the applicant is other than an individual, or if the PP applicant is an individual working for a company, a re- ference letter or report on the company from the Better Business Bureau of Chamber of Commerce, and a bank, of -2- the city in which the principal office or headquarters of the company is located. SECTION 6. Upon the filing of an application for a permit, it shall be the duty of the City Clerk to circulate the application to the other members of the permit board for their consideration. The members of the board may consider the application either in a meeting or individually. SECTION 7. If, upon consideration, it shall appear to the permit board or a majority thereof that the statements contained in the application are true, that the applicant has the right, under the Constitution and laws of this state and under this article, to engage in business, and that the applicant has not been convicted of a felony or a Class A or Class B misdemeanor, the permit board shall authorize the issuance of the permit by the City Clerk. SECTION 8. Each applicant for a permit shall be charged a fee of fifteen dollars ($15. 00) , regardless of the term of the permit. All permits shall expire on December 31st of the calendar year in which it is issued. No permit may be sold, transferred or assigned. SECTION 9. Each permit issued shall contain the following: (a) The name and address of applicant. (b) If an individual, a physical description of the applicant. (c) The date of issuance and date of expiration of the permit. SECTION 10. The permit from the City shall be prominently dis- played at the location where regulated items are purchased. All advertisements soliciting gold, silver, jewelry or coins shall prominently state that the purchaser is licensed by the City. SECTION 11. If, after the permit has been issued, the permit board or other official of the city finds that the permit was obtained by false representation in the application, such permit may be revoked by the permit board. Such permit may also be revoked, if it shall -3- appear to the permit board that the holder of such permit has violated any ordinance of the city or any law of the state in connection with any purchase or sale by such holder or in connection with the collection, or attempted collection, of any account due to such permit holder or his employee, or in connection with the repossession or attempted repossession of goods sold by such permit holder or any other person employed by the employer of such permit holder. Such permit may also be revoked if it is determined that the permit holder is guilty of fraud, misrepresentation or false statement made in the course of carry- ing on his business under the permit, or that his employees carry on a pattern of fraud, misrepresentation or false statement made in the course of carrying on business under the permit. SECTION 12. If the applicant for a permit under this article or the holder of such a permit is dissatisfied with any holding or find- ing of the permit board, he shall have the right to appeal to the Board of Aldermen by filing a written notice of such appeal with the permit board within ten (10) days from the making and filing of such decision of the permit board. Upon the filing of such notice of appeal, the application for the permit and all papers possessed by the permit board in connection with such application and such permit shall be delivered to the Board of Aldermen, and such matters as may be in controversy shall be heard by the Board of Aldermen at its next reg- ular meeting after the filing of the notice of appeal. The Board of Aldermen shall have the same powers and authority at such hearing on such appeal as is vested in the permit board of this article. SECTION 13. Every holder of a permit under this ordinance shall , before engaging in business under such permit, file with the City Clerk a surety bond in the sum of five thousand ($5 , 000. 00) dollars, payable to the City. Such bonds shall be approved by the City Attorney. -4- Such bonds shall inure to the benefit of any and all persons who sustain any loss on account of any breach of the conditions of the bond. Such bond shall be conditioned as follows : That the holder shall comply fully with all provisions of the ordinances of the city and statutes of the state regulating and concerning the purchase or sale of gold, silver, jewelry or coins, and will pay all judgments rendered against holder for any violation of said ordinances or statutes , together with all judgments and costs that may be recovered against him by any person for damages growing out of any misrepresentation or deception practiced on any person transacting business with such holder, whether said misrepresentations or deceptions were made or practiced by the holder or by his employees or agents, either at the time of making the sale or through any advertise- ment of any character whatsoever, printed or circulated with reference to the goods purchased or sold or any part thereof. SECTION 14. Each permit holder that uses a scale or weight device to weigh gold, silver, jewelry or coins prior to purchase shall obtain a permit from the city for each scale used. The permit shall be good only during the calendar year issued. The permit for each scale shall be affixed thereto and shall not be transferred to any other scale. SECTION 15. The permit fee for each scale or weight device shall be five ($5. 00) dollars per calendar year. The City Manager or his designee shall be charged with certifying the scales or weight device as being accurate within such tolerances as the City Manager shall determine. SECTION 16. There is exempted from this ordinance the purchase of such items by a jeweler or other dealer from a supplier in the regular course of business; there is also exempted from this ordinance the purchase by a person from a regular dealer of such items for his use, and not for the purpose of resale. SECTION 17. A permit holder who purchases gold, silver, jewelry or coins shall make a record of such purchase which shall include the date and time of the purchase, an accurate description of the property so purchased, and the name, address and driver' s license number or social security number of the seller. -5- SECTION 18. If such purchaser sells the item so purchased, he shall make a record showing the date of such sale, and the name and address of the person to whom such sale was made. SECTION 19. All such records required herein shall be maintained by the purchaser for at least one year from the date of purchase. SECTION 20. All such records required by this ordinance shall be kept available for inspection by the Chief of Police or any member of the Police Department designated by the Chief of Police to make such inspection, at all reasonable times, and such records shall be produced upon request and any entries made therein shall be explained to the Chief of Police or any member of the Police Department upon their request. SECTION 21. Such purchaser shall not purchase nor have in his possession any item of gold, silver, jewelry or coins from which a manufacturer' s identification number or brand has been removed or obliterated. SECTION 22 . If a Police Officer finds any gold, silver, jewelry or coins in the possession of any regulated purchaser, from which the manufacturer' s identification number or brand has been removed or obliterated, he may seize such property and hold it at the Police Department for 30 days. At the time of the seizure of such property, the Police Officer shall issue the owner a receipt for the property notifying him that the property may be redeemed in 30 days at the Police Department unless it is otherwise required by law to be held. SECTION 23. No pemit holder shall purchase any gold, silver, jewelry or coins from a minor, unless the parents or guardian of such minor shall state in writing that such transaction took place with such parents ' or guardian' s full knowledge and consent, which written statement shall be signed by such parents or guardian and have thereon -6- the address and telephone number, if any, of such parents or guardian. Such written statements shall be kept with the record of such purchase, and shall be delivered to the Chief of Police or other Police Officer upon his request. SECTION 24. No gold, silver, jewelry or coins purchased in Wichita Falls shall be sold, but shall be retained in possession of the purchaser within the city limits of Wichita Falls, for 48 hours after the same has been purchased, and all such items shall be kept separate and apart from all other articles so that the same may be identified for a full 48 hours after it is purchased. Upon approval by the Chief of Police or his designee, should the purchaser desire to sell or dispose of such items that have not been in his possession for a full 48 hour period, he shall secure from the person acquiring such item from him the same information and identification that is required from the person from whom he purchased the item. SECTION 25. Any person who is convicted of a violation of this ordinance shall be punished by a fine not exceeding $200; a violation constitutes a separate offense for each item of gold, silver, jewelry or coins involved. SECTION 26. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. SECTION 27. The fact that there have been many burglaries and robberies involving gold, silver, jewelry and coins, and there is presently no regulation of the purchase of such items, creates an emergency, and this ordinance is declared to be an emergency measure on the ground of urgent public need for the preservation of the peace, -7- Page 9 of 10 Pages Agenda Item No. 12a health and safety of property of the City, and it shall become effec- tive upon its passage. PASSED AND APPROVED this the yIXday of 42,ec_ , 1981. M A Y O R ATTEST: City Clerk -8- • Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (PC • ORDINANCE NO. 3755 ORDINANCE REGULATING PURCHASERS OF GOLD, On this 23rd January SILVER, JEWELRY AND day of COINS AND THE SCALES OR WEIGHT DEVICES USED, 1981 A N D D E C L A R I N G A N A.D. ..•..•° personally appeared before me, the undersigned authority EMERCENCY. Anyone violating this ordinance Myra Cho I son will be subject to a fine not to ' , bookkeeper exceed 5200.00 per violation. for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Record News, a newspaper published at Wichita Falls in Wichita County. Texas, and upon being duly sworn by me, on oath states that the attached,advertisement is a true and correct copy of advertising published in Ot- I 1 issues thereof or. the following dates: January 23, 1981 1238k, --r4N••,,.. t �+ Bookkeeper for Times Publishing Company o �?o° '�°p , of Wichita Falls r 81 ro° . Subscribed and sworn to before me this the day and year first above 51.11 s ;-ISEAL written. VI/ C `�®�� ‘� PAT CHAMBERLAIN, Notary Public in and for Wichita County, Texas