The following words or phrases, whenever used in this article,
shall be construed as defined in this section:
The chief of police of the City of Lubbock, Texas, or his
designated representative.
Any person who engages in the business of purchasing and
selling crafted precious metal as defined in V.A.T.C. Occupations
Code section 1956.051, excluding those exceptions found in sections
1956.052 et seq., of such Code, as amended.
Anyone, who from a fixed location engages in the business
of utilizing machinery or equipment for the processing of or manufacturing
of iron, steel, or nonferrous metallic scrap and whose principal product
is scrap iron, scrap steel or nonferrous metallic scrap for remelting
purposes.
Any person as defined in the Texas Pawnshop Act, V.A.T.C.
Finance Code sections 371.001 et seq., as amended.
An individual, corporation, partnership, or other legal entity,
or any of their employees or agents.
Any person engaged in the business of buying and selling
used or secondhand personal property, or lending money on the security
of personal property deposited with the person.
A person who operates or maintains a scrap metal yard or
other place in which used or previously purchased metal items or scrap
metal is collected or kept for shipment, sale, or transfer.
(1983 Code, sec. 14-327; Ordinance 2009-O0015, sec. 1, adopted 3/23/2009)
(a)
Except
as otherwise herein provided, every person licensed or transacting
any business as a crafted precious metal dealer, metal recycling entity,
pawnbroker, secondhand dealer or second hand metal dealer within the
city limits shall, beginning sixty (60) days following the effective
date of this article, maintain an electronic inventory-tracking system
and transmit all information required by this article via computer
to the entity designated by the chief of police.
(b)
The
information required to be transmitted by this section for crafted
precious metals dealers, pawnbrokers, and secondhand dealers must
include:
(1)
The date and time of each transaction in which personal property
is purchased, pledged, or received for the sum of $25.00 or more (or
other consideration equivalent to that amount).
(2)
An accurate and detailed description of any and all property purchased
or acquired during the regular course of business for the sum of $25.00
or more (or other consideration equivalent to that amount), including
any and all trademarks, identification numbers, serial numbers, model
numbers, brand names, and other identifying marks.
(3)
The actual price paid or the amount of money involved in each such
transaction.
(4)
The full name, address, telephone number, date of birth, driver’s
license number or state-issued identification card, and physical description
of the person with whom each such purchase or transaction is consummated.
(5)
A digital photograph of any item not bearing a unique serial number
purchased or acquired for a sum of money more than $50.00.
(6)
Such other information as the chief of police may reasonably deem
necessary to ensure compliance with the laws of the State of Texas
and ordinances of the City of Lubbock.
(c)
The information required to be transmitted by subsection (b) of this section shall be transmitted within forty-eight (48) hours of the date and time a purchase or transaction is consummated.
(d)
The
information required to be transmitted for metal recycling entities
and secondhand metal dealers shall be the information that is required
of such businesses by chapter 1956 of V.A.T.C. Occupations Code, as
amended.
(1983 Code, sec. 14-328; Ordinance 2009-O0015, sec. 1, adopted 3/23/2009)
This article shall not be applicable to:
(1)
Automobile
dealerships.
(2)
The
sale of aluminum cans.
(3)
Charitable
or eleemosynary organizations.
(4)
Used
or secondhand clothing businesses.
(5)
Used
or secondhand furniture businesses.
(6)
Antique
dealers.
(1983 Code, sec. 14-329; Ordinance 2009-O0015, sec. 1, adopted 3/23/2009)
(a)
It
shall be unlawful for any person licensed or transacting any business
as a crafted precious metal dealer, pawnbroker, or secondhand dealer
within the city limits to purchase or receive any item of property
on which words or markings appear indicating ownership of such item
by the United States, the State of Texas, or any of its political
subdivisions or agencies, or any public utility company, except where
the person offering such item for sale or transfer provides:
(1)
Written authorization from the governmental entity, agency, or utility
to convey the item on behalf of the entity, agency, or utility; or
(2)
A valid receipt from the governmental entity, agency, or utility
evidencing such entity, agency, or utility has conveyed or relinquished
ownership of the item.
(b)
It shall not be a defense to prosecution under subsection (a) of this section that an item of property contains no words or markings indicating ownership if the person who purchased or received the item knows or should reasonably be expected to know such item is owned by the United States, the State of Texas, or any of its political subdivisions or agencies, or any public utility company.
(1983 Code, sec. 14-330; Ordinance 2009-O0015, sec. 1, adopted 3/23/2009)
It shall be unlawful for any person licensed or transacting
any business as a crafted precious metal dealer, pawnbroker, or secondhand
dealer within the city limits to purchase or receive an item of property
sealed or unopened in its original packaging unless the person conveying
such item presents a receipt or proof of purchase for the item.
(1983 Code, sec. 14-331; Ordinance 2009-O0015, sec. 1, adopted 3/23/2009)
It shall be unlawful for any person licensed or transacting
any business as a crafted precious metal dealer, pawnbroker, or secondhand
dealer within the city limits to purchase or receive an item of property
bearing the name, initials, or logo of a business entity unless the
person conveying such item provides at the time of conveyance a valid
receipt indicating lawful ownership, a signed statement attesting
to lawful ownership, or written authorization from the owner to convey
the item on such owner’s behalf.
(1983 Code, sec. 14-332; Ordinance 2009-O0015, sec. 1, adopted 3/23/2009)
A violation of this article shall constitute a misdemeanor and,
upon conviction thereof, shall be punishable by a fine not to exceed
two hundred dollars ($200.00).
(1983 Code, sec. 14-333; Ordinance 2009-O0015, sec. 1, adopted 3/23/2009)
