For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Authorized vendor.
A commercial supplier who deals in the wholesale distribution of regulated property in the ordinary course of business.
Crafted precious metal dealer.
Any person who engages in the business of purchasing and selling crafted precious metal as defined in Texas Occupations Code § 1956.051(1).
Crafted precious metals.
Includes jewelry, silverware, art objects or any other thing or object made, in whole or in part, from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium or their alloys.
Jewelry.
Includes stones removed from a mounting.
Metal recycling entity.
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 re-melting purposes.
Personal identification certificate.
A certificate issued by the Texas Department of Public Safety under Tex. Rev. Civ. Stat. Ann. Article 6687b.
Power tools.
Includes pneumatic equipment and welding equipment.
Purchase.
A transaction in which a person takes title to regulated property in exchange for valuable consideration.
Regulated property.
New or used:
(1) 
Electronic equipment;
(2) 
Business machines;
(3) 
Photographic equipment;
(4) 
Power tools;
(5) 
Musical instruments;
(6) 
Firearms;
(7) 
Jewelry; or
(8) 
Crafted precious metals.
Secondhand dealer.
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.
Secondhand metal dealer.
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.
('65 Code, § 10-19) (Ordinance 937, adopted 4/7/1981; Am. Ordinance 3389, adopted 7/20/2010)
A person who purchases regulated property for the purpose of resale shall:
(A) 
Keep a sales record which indicates the manufacturer or authorized vendor from which the regulated property was purchased; or
(B) 
If the regulated property was purchased from other than a manufacturer or authorized vendor, the person shall:
(1) 
At the time of purchase, record in a legible manner, the name, address, driver's license number or personal identification certificate number of the seller, a precise and accurate description of the property purchased, and the price paid or other consideration exchanged for the property purchased;
(2) 
At the time of purchase determine that the photograph on the driver's license or personal identification certificate is a photograph of the seller;
(3) 
Retain possession of the properly purchased and withhold the property from resale for seven business days;
(4) 
Make the purchased property available for inspection by any Police Officer during regular business hours while the property is in the person's possession; and
(C) 
Maintain on file the information required by divisions (A) and (B) of this section, for one year from the date of purchase or until the item is sold, whichever occurs later.
('65 Code, § 10-20) (Ordinance 937, adopted 4/7/1981)
(A) 
Except as otherwise herein provided, every person licensed or transacting any business as a crafted precious metal dealer, metal recycling entity, secondhand dealer or secondhand metal dealer within the city limits shall, beginning 60 days following the effective date of this ordinance, shall utilize the website "l.e.a.d.s.online.com," designated by the police department for the sole purpose of collecting reporting such records.
(B) 
The information required to be transmitted by this section must include:
(1) 
The date and time of each transaction in which personal property is purchased, pledged, or received;
(2) 
An accurate and detailed description of any and all property purchased or acquired during the regular course of business 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 transaction;
(4) 
The full name, address, telephone number, date of birth, driver's license or state-issued identification card number, 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;
(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 Carrollton, Texas.
(C) 
The information required to be transmitted by this section 115.03 shall be transmitted within 48 hours of the date and time a purchase or transaction is consummated.
(D) 
Such person shall maintain on file the information required by this section for one year from the date of purchase, pledge or receipt or until the item is sold, whichever occurs later.
(E) 
Pawnbrokers, as defined in Chapter 371 of the Texas Finance Code (the "Texas Pawnshop Act"), shall not be regulated by this ordinance, nor will they be prohibited from voluntarily complying with the provisions herein.
(F) 
The reporting requirements contained in this section 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; or
(6) 
Antique dealers.
(7) 
Garage sales as defined by Chapter 92 of the Carrollton Code of Ordinances.
(Ordinance 3389, adopted 7/20/2010)
(A) 
It shall be unlawful for any person licensed or transacting any business as a crafted precious metal dealer or secondhand dealer within the city limits to violate section 115.03.
(B) 
It shall be unlawful for any person licensed or transacting any business as a crafted precious metal dealer or secondhand dealer within the city limits to take possession of regulated property purchased for resale or salvage use for which he does not have records meeting the requirements of section 115.03.
(C) 
It shall be unlawful for any person licensed or transacting any business as a crafted precious metal dealer 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 that such entity, agency or utility has conveyed or relinquished ownership of the item.
(D) 
It shall be unlawful for any person licensed or transacting any business as a crafted precious metal dealer or secondhand dealer within the city limits to purchase or receive 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.
(E) 
It shall be unlawful for any person licensed or transacting any business as a crafted precious metal dealer 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.
(F) 
It shall be unlawful for any person licensed or transacting any business as a crafted precious metal dealer or secondhand dealer within the city limits to purchase 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's or guardian's full knowledge and consent. This statement shall be maintained on file for one year from the date of purchase.
(G) 
It shall be unlawful for any person licensed or transacting any business as a crafted precious metal dealer or secondhand dealer within the city limits to fail or refuse to produce for inspection a particular item of regulated property or the records required by section 115.03, with respect to a particular item of regulated property, by a police officer, when requested to do so at a reasonable time by the police officer.
(H) 
An investigating police officer may inspect and copy any records required to be kept under section 115.03 without obtaining a court order. In the case of records required under section 115.03, the officer may take possession and permanently retain the original copy of each ticket on which the required information was recorded.
(I) 
Allegation and evidence of a culpable mental state is not required for proof of an offense defined by this chapter.
(Ordinance 3389, adopted 7/20/2010)
Penalties for violation of this ordinance shall be punished by a penalty of fines as set forth in section 10.99 of this Code of Ordinances for each offense.
(Ordinance 3389, adopted 7/20/2010)