The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means an activity carried on for profit, full-time or part-time,
within the city.
means an exhaust emission control device that reduces toxic
gases and pollutants from internal combustion; this includes any material
removed from a catalytic converter.
means any person who complies with this code, and is issued
a license to operate a business by the city manager or designee.
means coins made of precious metal.
means gold, silver, platinum, palladium, iridium, rhodium,
osmium, ruthenium or their alloys, excluding coins and commemorative
medallions.
means flatware, dishes, serving pieces or other items intended
to be used in connection with the serving or eating of food or beverages
when such items are made of any precious metal or wholly or partially
plated with a precious metal.
means any items, articles or goods which have been previously
owned by someone other than the manufacturer or dealer whose business
is to sell such items, articles or goods when new to the consumer.
(1973 Code, sec. 24-1/2-1; 1991
Code, sec. 24-1; 2007 Code, sec. 32-81; Ordinance 22-931, sec. 2, adopted 5/12/22; Ordinance adopting 2022 Code)
(a)
Every
person engaged in the business of buying, trading or otherwise receiving
money, coins, used jewelry, used tableware or other used items made
of precious stones or precious metals shall make a record of each
transaction. This record shall consist of an original ticket and two
copies. The bottom copy shall go to the seller, the middle copy shall
be kept at the place of business within the city, and the original
shall be given to the chief of police or his designated officer. The
ticket will be filled out at the time of the transaction and shall
be signed by the seller. The ticket shall contain the following information:
(1)
A detailed description of each item purchased or obtained.
(2)
The name, address and phone number of the seller.
(3)
The state driver’s license number or state personal identification
certificate number of the person from whom such items were acquired.
(4)
The date and hour of acquisition.
(5)
The motor vehicle license number of the vehicle in which such items
were delivered.
(b)
All
entries on the tickets shall be written in ink and made legibly. The
tickets shall be consecutively numbered. Such records shall be retained
for a period of not less than one year after the last transaction
entered therein.
(c)
Any
licensee who ceases to maintain a place of business within this city
shall notify the city manager or designee within 24 hours of the time
he ceases to maintain a place of business within the city.
(d)
A secondhand reseller shall be required to keep and upload or otherwise provide to the Humble Police Department in a manner as prescribed by the department, records of any catalytic converter purchased or otherwise received as detailed in sections 5.07.006(a) and (b) of this code.
(1973 Code, sec. 24-1/2-6; 1991
Code, sec. 24-2; 2007 Code, sec. 32-82; Ordinance 22-931, sec. 3, adopted 5/12/22; Ordinance adopting 2022 Code)
A licensee shall ensure that no item regulated by this article
which is received by him or by any agent or employee acting in the
scope of their employment is melted, altered or defaced unless the
licensee has retained the item for a period of not less than 14 days
after the initial acquisition. During such 14-day period such items
must be retained intact, and they shall be subject to inspection by
police officers of the city.
(1973 Code, sec. 24-1/2-7; 1991
Code, sec. 24-3; 2007 Code, sec. 32-83)
No licensee shall purchase or otherwise receive in the course
of his business any item, ownership of which is claimed by any minor,
or which may be in the possession of or under control of a minor,
unless the minor’s parent or guardian shall state, in writing,
that such transaction is taking place with such parent’s or
guardian’s full knowledge and consent.
(1973 Code, sec. 24-1/2-8; 1991
Code, sec. 24-4; 2007 Code, sec. 32-84)
It shall be the duty of the licensee, his agents or employees
to report immediately to the police department any offer to sell to
the licensee, his agents or employees, property which such licensee,
his agents or employees have actual knowledge is stolen or by reasonable
diligence should know is stolen, together with the identity, when
known, and description of the person making such offer. Such licensee,
his agents or employees shall also report any property acquired by
the licensee which the licensee, his agents or employees subsequently
determine or reasonably suspect to be stolen property and the licensee,
his agents or employees shall furnish such other information as might
be helpful to the police in investigating the matter.
(1973 Code, sec. 24-1/2-9; 1991
Code, sec. 24-5; 2007 Code, sec. 32-85)
(a)
It shall be unlawful for any metal recycler or his agents or employees acting on his behalf to purchase or receive catalytic converters from any person offering such property for sale unless, in addition to the requirements set forth in section 5.07.002 of this code:
(1)
For automotive repair facilities:
(A)
The person selling the catalytic converter presents a verifiable
receipt from the repair facility with:
(B)
The metal recycler verifies that the repair facility is an actual
business and that the automotive repair facility or muffler repair
facility is open to the general public for business.
(C)
A seller with a valid used automotive parts recycler license issued by the Texas Department of License and Regulation (TDLR) under the Texas Occupations Code chapter 2309 may offer for sale catalytic converters to a metal recycler without a verifiable receipt from a repair facility. The metal recycler must obtain a copy of the valid license issued by TDLR and provide it to the Humble Police Department pursuant to subsection (b)(2) of this section.
(2)
For individual sellers: The person attempting to sell a catalytic
converter provides to the metal recycler:
(A)
The year, make, model, and vehicle identification number for the
vehicle from which the catalytic converter was removed;
(B)
A copy of the certificate of title or other documentation indicating
that the person has an ownership interest in the vehicle from which
the catalytic converter was removed; and
(C)
Any other information required by chapter 1956 of the Texas Occupations
Code.
(Ordinance 22-931, sec. 4, adopted 5/12/22)
(a)
It
shall be unlawful for any person to possess a catalytic converter
that is detached by any method other than having been un-bolted from
a motor vehicle or otherwise removed while intact within a complete
automotive exhaust system.
(b)
It
shall be unlawful for any person to possess a catalytic converter
that is detached from a motor vehicle with intent to sell the catalytic
converter unless:
(1)
The person possessing the catalytic converter presents proof of the
person’s ownership of the vehicle from which the converter was
removed, and can reasonably link the catalytic converter to the vehicle;
or
(2)
The person presents proof that the possession of the catalytic converter
lawfully passed from the owner of the vehicle from which the converter
was removed to the person.
(c)
For purposes of this section, possession of the detached catalytic converter, whether removed by cutting, un-bolting, or any other method of detachment, in violation of subsection (a) or (b) of this section, shall be prima facie evidence of intent to sell unless the catalytic converter is intact within a complete automotive exhaust system.
(Ordinance 22-931, sec. 5, adopted 5/12/22)
No person shall engage in the business of buying, trading or
otherwise receiving money, coins, used jewelry, used tableware or
other used items containing precious stones or made of or plated with
precious metals unless he is licensed under this division or is acting
in the employment of such licensee.
(1973 Code, sec. 24-1/2-2; 1991
Code, sec. 24-21; 2007 Code, sec. 32-114)
(a)
To
obtain a license under this division to engage in the business of
buying, trading or otherwise receiving money, coins, used jewelry,
used tableware or other used items made of precious stones or precious
metals, the applicant shall file an application therefor in writing
to the city manager or designee on a form provided for that purpose.
On application, the applicant shall provide the following information:
(1)
The full name and mailing address of each owner and operator of the
business.
(2)
Whether any owner or operator is an individual.
(3)
If any owner or operator is a corporation, all officers of the corporation,
and if there are fewer than five shareholders, the names of all shareholders.
(4)
If any owner or operator is a partnership, the names and addresses
of all partners.
(5)
If any owner or operator is an association, the names and addresses
of all officers of such association.
(6)
The location where the business will be conducted.
(7)
The time period during which the business will be conducted.
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Such application form shall be accompanied by an affidavit,
sworn to by the applicant, that discloses whether or not he or any
business partner, or in the case of a corporation, any corporate officer,
has been convicted of a crime involving theft or fraud within the
past ten years and whether or not he or any parties mentioned above
had a license revoked under any provision of this code or ordinance
of the city.
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(b)
Upon
receipt of such application, the city manager or his designated agent
shall investigate the items sworn to by affidavit. If consistent with
V.T.C.A., Occupations Code chapter 53, the city manager or designee
shall issue a license to the applicant upon payment of the license
fee.
(c)
If
the city manager or designee rejects the application, he shall give
written notice by certified mail to the applicant at the address stated
in the application. The written notice shall specifically set forth
the reasons for the rejection.
(1973 Code, sec. 24-1/2-3; 1991
Code, sec. 24-22; 2007 Code, sec. 32-115; Ordinance adopting 2022 Code)
The fee for a license issued pursuant to this division shall
be as currently established or as hereafter adopted by resolution
of the city council from time to time. The license shall be valid
for one year from the date of issuance.
(1973 Code, sec. 24-1/2-4; 1991
Code, sec. 24-23; 2007 Code, sec. 32-116)
(a)
A
license issued pursuant to this division shall be valid only for the
location set out in the application. However, a license issued pursuant
to this division is valid for the purchase, trade or other receipt
of any of the items regulated by this division.
(b)
Should
any person licensed under this division move his place of business
from the place designated in such license to a new address, he shall
give ten days’ prior written notice to the city manager or designee
and have the change noted on his license. A fee as currently established
or as hereafter adopted by resolution of the city council from time
to time shall be paid to the city manager or designee for such a change.
(1973 Code, sec. 24-1/2-5; 1991
Code, sec. 24-24; 2007 Code, sec. 32-117; Ordinance adopting 2022 Code)
(a)
Grounds for revocation.
A license issued pursuant to
this division may be revoked if:
(1)
The licensee is convicted of any crime involving theft or fraud within
the preceding ten years.
(2)
The licensee, his agent or employee is convicted of any violation
of this division.
(3)
The licensee, his agent or employee has committed any act which is
in violation of this division.
(4)
The licensee is convicted of any crime involving theft or fraud while
the license is in effect.
(5)
Any material statement on the license was false or incomplete.
(b)
Notice of hearing.
Prior to revocation, written notice
shall be given to the licensee or person in charge. Such notice shall
set forth:
(1)
The grounds upon which the city will seek revocation of the license.
(2)
The specific acts upon which the city will rely in seeking revocation
of the license.
(3)
That a hearing will be held before the city manager or his designated
agent.
(4)
The date, time and place of such hearing.
(5)
That the licensee may appear in person and/or be represented by counsel,
may present testimony and may cross-examine all witnesses.
(c)
Hearing officer.
All hearings shall be held by the city
manager or designee or his designated representative. Such official
shall be referred to as the hearing officer. However, the city manager
or designee shall not designate any person to perform the duties of
hearing officer who has participated in or supervised any investigation
of the licensee’s place of business or investigation of the
charges under which the city is seeking revocation of the license.
Nevertheless, the person designated as hearing officer may, prior
to the hearing, receive a copy of the notice given to the licensee
or person in charge.
(d)
Conduct of hearing.
All hearings shall be conducted
under rules consistent with the nature of the proceedings; provided,
however, that the following rules shall apply to such hearing:
(1)
All parties shall have the right to representation by a licensed
attorney though an attorney is not required.
(2)
Each party may present witnesses on his own behalf.
(3)
Each party has the right to cross-examine all witnesses.
(4)
Only evidence presented before the hearing officer at such hearing
may be considered in rendering the order.
(e)
Failure to appear at hearing.
If the licensee fails
to appear at the hearing at the time, place and date specified, the
city shall present sufficient evidence to establish a prima facie
case showing that there are grounds for revocation of the license.
(f)
Findings by hearing officer.
After completion of the
hearing, the hearing officer shall make written findings as to whether
or not grounds exist for revocation of the license. If the hearing
officer finds that grounds do exist for revocation of the license,
he shall revoke it.
(g)
Notice of findings.
A copy of the written findings shall
be served on the licensee. If the address of the licensee is unknown
or if such findings have been sent by certified mail, return receipt
requested, and returned undelivered, such findings shall be served
on the person in charge of the business or on an agent or employee
of the licensee.
(h)
Service of notices.
Any notice provided for in this
section may be served by personal delivery or by certified mail, return
receipt requested.
(i)
No refund of license fee.
In the event a license is
revoked, the city shall not be liable to the licensee for any refund
of any part of the license fee.
(1973 Code, sec. 24-1/2-10; 1991
Code, sec. 24-25; 2007 Code, sec. 32-118; Ordinance adopting 2022 Code)
