The purpose of this division is to discourage an increasingly
prolific and socially deplorable business activity of dealing in stolen
property by requiring, among other regulations, the purchaser of certain
regulated property to maintain a record identifying the authorized
vendor or to record and maintain a reliable form of identification
of the seller, if the seller is other than a manufacturer or authorized
vendor. This division will provide law enforcement with additional
measures to prevent transactions in stolen property.
[Ord. No. 1377-18, § 1, 12-10-2018]
The following words, terms and phrases when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Authorized vendor
means a commercial supplier who deals in the wholesale distribution
of regulated property in the ordinary course of business.
Business day
means any calendar day during which the person who purchases
regulated property has the business open and is conducting business
with the public.
Business machine
means a machine, such as, but not limited to, a typewriter,
computer, printer, adding machine, checkwriting device, cash register,
calculator, addressing machine, letter sorting or folding device,
and any item of recording, copying or accounting equipment. The term
does not include office furniture or fixtures.
Crafted precious metals
means jewelry, silverware, art objects, or any other thing
or object crafted, in whole or in part, from gold, silver, platinum,
palladium, iridium, rhodium, osmium, ruthenium or their alloys, or
scrap or a broken item selling at five percent or more than the scrap
value of the item, but does not include coins, bullion or bars of
such metals.
Dealer
means any person who:
(1)
Purchases regulated property for resale or salvage use; and
(2)
Obtains more than 25 percent of the value of the person's total
inventory of regulated property from a source other than an authorized
vendor or manufacturer.
Electronic equipment
means any electrical device including, but not limited to,
a radio, television, video recorder, home computer, accessories for
home computer, video camera, stereo, video gaming console, video game
console accessory, or digital media player.
Electronic storage device
means any digital or non-digital media storage device, including
but not limited to, a compact disk containing music, a compact disk
containing a movie or movies, video game, tape, record or USB storage
device.
Household appliance
means any appliance commonly used for household functions,
including but not limited to, a refrigerator, freezer, washing machine,
dryer, stove, microwave oven, dishwasher, or trash compactor.
Jewelry
means gems, jewels, and objects made of precious metals that
are worn for adornment, including, but not limited to, stones removed
from a mounting.
Lawn maintenance equipment
means equipment that is generally used to maintain property,
including, but not limited to, a push lawn mower, self-propelled lawn
mower, leaf blower, leaf vacuum, or weed eater.
Person
means an individual, corporation, partnership, joint venture,
trust, association, and any other legal entity.
Power tool
means a tool powered by electrical or AC/DC current or by
liquid or gaseous fuel, including, but not limited to, pneumatic equipment
and welding equipment.
Purchase
means a transaction in which a person takes title to regulated
property in exchange for valuable consideration.
Regulated property
includes, but is not limited to, new or used:
(3)
Cameras, video and photographic equipment;
(6)
Firearms, as defined by state law;
(9)
Computers, radios, telecommunications equipment;
(10)
Electronic storage devices;
(11)
Lawn maintenance equipment; or
[Ord. No. 1377-18, § 1, 12-10-2018]
In addition to any other requirements found in this Code or
state law, a person who purchases regulated property for the purpose
of resale or salvage shall comply with the following requirements:
(1) Keep
an itemized sales record or report which identifies the manufacturer
or authorized vendor from which each item of regulated property was
purchased and a description of the regulated property purchased, including
the make, model, serial number, color and size; or
(2) If
the regulated property is purchased from other than a manufacturer
or authorized vendor, the person shall:
a. At
the time of purchase, record in a legible manner, the time and date
of purchase, the name, sex, race, date of birth, weight, height, address,
drivers license number or personal identification certificate number
of the seller, a description of the property purchased, including
the make, model, manufacturer, serial number, color and size, and
the price paid or other consideration exchanged for the property purchased;
b. At
the time of purchase determine that the photograph on the drivers
license or personal identification certificate is a photograph of
the seller;
c. Retain
possession of the regulated property purchased and withhold the regulated
property from resale or salvage for a period of 20 business days following
the date of purchase;
d. Make
the purchased regulated property available for inspection by any peace
officer during regular business hours while the regulated property
is in the person's possession;
e. Cause
each item of purchased regulated property and any container thereof
to be kept intact, and have written or stamped in a conspicuous place
either on the container thereof or, if no container, on a tag attached
thereon, the serial number of the sales record required in subsection
(1) above, and this subsection (2) which number shall at all times
be kept plain and legible;
f. Cause
each item of purchased regulated property not equipped with a visible
manufacturer serial number to be digitally photographed in its original
condition at the time of the transaction. The photograph must be of
such quality and detail to preserve a digital description of the regulated
property including any unique characteristics or markings. All purchased
crafted precious metals shall be digitally photographed in accordance
with this subsection.
(3) Preserve and maintain at the person's place of business the records, reports and information required by subsections
(1) and
(2) above for a period of two years following the date of purchase or until the regulated property is sold, whichever occurs later.
(4) Regulated
property purchase records required by this section shall be electronically
reported in a digital format within 48 hours of the transaction date
to the Richland Hills Police Department in a manner as specified by
the chief of police.
[Ord. No. 1377-18, § 1, 12-10-2018]
A person who purchases regulated property for the purpose of resale or salvage shall allow any peace officer during regular business hours to inspect the person's records and reports that relate to the regulated property and shall provide the records or reports required by subsections
(1) or
(2) of section
18-253 of this division immediately upon request at a reasonable time by a peace officer.
[Ord. No. 1377-18, § 1, 12-10-2018]
This division shall not apply to:
(2) The
sale of aluminum cans;
(3) Charitable
or eleemosynary organizations;
(4) Used
or secondhand clothing businesses;
(6) Pawnbrokers,
pawnshops, or other businesses licensed under the Texas Pawnshop Act
(V.T.C.A., Finance Code § 371.001 et seq.); except that a pawnbroker,
pawnshop, or other business licensed under the Texas Pawnshop Act
shall electronically report all transactions in a digital format within
48 hours of the transaction date to the Richland Hills Police Department
in a manner as specified by the chief of police.
[Ord. No. 1377-18, § 1, 12-10-2018]
(a) A person
commits an offense if the person:
(1) Violates or fails to comply with any provision of this division;
(2) Fails to retain possession of regulated property and withhold the
regulated property from resale or salvage for a period of 20 business
days following the date of purchase;
(3) Offers for sale or sells regulated property previously purchased
for resale or salvage for which the person does not have:
a. A sales record identifying the manufacturer or authorized vendor
from which it was purchased and a description of the property purchased,
including the make, model, serial number, color and size;
b. A record of the name, sex, race, date of birth, weight, height, address
and drivers license or personal identification certificate number
of the seller from whom the person purchased the regulated property
and the price paid or other consideration, exchanged for the regulated
property purchased or paid;
c. A record of the name, sex, race, date of birth, weight, height, address
and drivers license or personal identification number of the purchaser
and the price paid or other consideration paid or exchanged for the
regulated property; and
d. A digital photograph depicting the original condition of the non-serialized
regulated property or crafted precious metal at the time of the transaction
of such quality and detail as to preserve a digital description of
the regulated property including any unique characteristics or markings.
(4) Fails or refuses to produce for examination and inspection by a peace
officer:
a. The records required by subsections
(1) or
(2) of section
18-253 of this division with respect to a particular item of regulated property, when requested to do so at a reasonable time by the peace officer; or
b. The regulated property to which the records required by subsections
(1) or
(2) of section
18-253 of this division relate, when requested to do so at a reasonable time by the peace officer.
(5) Purchases for resale, offers for sale, or sells regulated property
which has had the manufacturer's identification number or any other
identifying mark removed, defaced or altered.
(6) Purchases or receives an item of property sealed or with its original
packaging unopened unless the person conveying such item presents
a receipt or proof of purchase for the item.
(7) Purchases regulated property from a minor, meaning a person under
the age of 18 years, unless the minor's parent or guardian shall state
in writing that such transaction is taking place with the parent or
guardian's full knowledge and consent. This statement shall be maintained
on file for one year from the date of purchase.
(b) An
offense under this chapter is punishable by a fine of not less than
$100.00 or more than $500.00, and a violation constitutes a separate
offense for each item of regulated property involved.
[Ord. No. 1377-18, § 1, 12-10-2018]