HomeMy WebLinkAboutOrdinance - 1563-1954 - Regulating Pawnbrokers And Dealers In Second Hand Stores - 05/13/1954)~ -
~ IDff 05-J3-,.9Sl.j-~ ORDINANCE NO. 1563
05 -;;)7f -l .9SU
AN ORDINANCE REGUl.ATING PAWNBROKERS AND DEALERS IN
SECOND-HAND OR USED ARTICLES; PROVIDING FOR OCCUPATION
LICENSE FOR PAWNBROKERS AND DEALERS IN SECOND-HAND OR USED
ARTICLES; PROVIDING FOR APPLICATION AND PAYM'.E:NT OF LICENSE
FEE; PROVIDING FOR INFORMATION REQUIRED FOR LICENSE; PROVID-
ING FOR DAILY RECORDS TO BE KEPT AND FURNISHED TO THE CHIEF
OF POLICE: PROVIDING FOR VISITATION AND EXAMINATION OF PREM-
ISES AND GOODS; PROVIDING A PENALTY; PROVIDING FOR EXCEPTIONS
TO THE ORDINANCE; REPEALING ORDINANCES NOS. 170 AND 510; PRO-
VIDING FOR PARTIAL INVALIDITY; AUTHORIZING PUBLICAT.ION OF
CAPTION AND PENALTY CLAUSE.
WHEREAS, pawnshops and dealers in second•hand goods are in the
habit of taking in pawn or purchasing second-hand articles without ascertaining
the true owners thereof; and,
WHEREAS, many stolen articles find their way into pawnshops and
second-hand stores and inadequate provisions are now provided for the loca-
tion of such stolen property; and,
WHEREAS, to protect the public peace and property creates the
necessity for the enactment of this ordinance; T HERE F 0 R E,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBO(;K: J.,v..-t~../);,(~~~h,,~, • I
SECTION 1. All pawnbrokers shall be .regulated by the provisions of
State law and in addition shall comply with th~ p~ovisions of this ordinance.
• I '
SECTION 2. It shall be tmlawful for any person, firm, corporation,
partnership or association to pursue the occupation of pawnbroker,. or to
engage in the business of bartering for, or the purchasing of, any second-
hand or used goods, wares or merchandise of any kind for the purpose of
resale in the corporate lim:.ts of the City of Lubbock, without first having
obtained a license therefor from the City of Lubbock and displaying such
license as herein provided.
SECTION 3. Every person, firm, partnership, -corporation or associa•
tion, before opening, maintaining or operating a business of pawnbroker, or
of bartering for, or the purchasing of any second-hand or used goods, wares
or merchandise of any kind for the purpo$e of resale, shall make application
to the City Tax Assessor for a license for each business place or establish·
ment maintained or opera~ed. upon a form to be furnished by the City Tax
Assessor which shall contain such information as the Tax Assessor shall
require.
SECTION 4. A separate license and application shall be required for
each establishment or place of business. regardless of the ownership of such
business.
Upon application and payment. of a license fee of -~-':""':"-=-'"="f"-
Dollars, the Tax Assessor shall issue a license to the applicant, which license
shall state upon its face the address and business to be conducted and the name
under which the business is to be conducted. And such license shall be kept
u
P. 2.
conspicuously posted in the place of business of the licensee where it may be
readily available for inspection by the public.
SECTION 5. Licenses shall be due and payable on or before the 1st day
of January of each year and shall be valid for the calendar year for which
issued. No licenses shall be transferable or assignable and shall be valid for
the use of the licensee named therein only.
SECTION 6. Licenses shall be valid only at the address stated in said
license; provided6. however, that should a licensee desire to change his place
of business. to another l0cation, he shall give notice to the City Tax Collector
who shall issue, without charge, a new license certificate authorizing the
operation of sach business under such license at such new location.
SECTION 7. Eacll and every liGensee coming under the provisions of
this ordinance shall keep a complete set of daily records which shall be fur-
nished by the Chief of Police without cost, which shall be written at the time
. of every purchase or pawn of any article, containing a description of the
article, the name and address of the pe~son offering such article for sale or
for pawn, the amount paid or .loaned byLthe licensee for such article, and
such other information as may be required by the Chief of Police.
SECTION 8. .A:ll articles purchased or taken in as a pledge or p-awn by
such licensee shall be numbered or marked in such a manner and in such
detail as will make identification of such article clear and positive.
/
1 SECTION 9. Th.e daily records required to be kept by this ordinance
I shall be prepared in duplicate and the duplicate, or carbon copy, of such
record shall be furnished to the Chief of Police by 11:00 A.M •. the day follow ...
ing the close of the business day such record covers by placing same in the
\
U. S. Mail properly addressed or by direct delivery.
\_:__ SECTION 10. The daily record required to be kept by this ordinance
shall be open at all times to examinations and inspection by any Polic·e Officer
of the City of Lubbock under the direction of the Chief of Palice,and, upon
demand, the owner, manager or employees of such basiness shall point out
any article which is entered upon such record, and such police officers shall
have authority to inspect any and all articles then in possession of such dealers.
SECTION 11. It shall be unlawful and shall constitute a misdemeanor
for any person, firm or corporation to violate any provision of this ordinance
and shall, upon conviction, be punished by a fine of not mor.e than Two Hun""
dred Dollars ($2.00) •
. SECT.IoN· 12.. All current licenses issued under the provisions of
Ordinance No. 510 shall continue to be effective until January 1, 1955, and
shall be considered as having been issued under the provisions of this ordinanc-e.
SECTION 13. The provisions of this ordinance shall not apply to persons
who buy and sell no second..-band articles except books, household furniture.
automobiles, and articles consisting wholly of scrap iron.
SECTION 14. Ordinances Nos. 510 and 170 are hereby expressly
repealed. Any other ordinance except those expressly repealed hereby are
to be considered as cumulative with the provisions of this ordinance and shall
not be considered repealed by im_pllcation or otherwise.
P. 3
-.. ,~
SECTION 15. If any section, subsection, word or phrase is for any
reason held to be unconstitutional or invalid, such decision shall not affect
the remaining portion of this ordinance.
SECTION 16. The City Secretary is hereby authorized and directed to
publish the descriptive caption of this ordin~nce together with the penalty
provisions, as required by law.
AND IT IS SO ORDERED.
On motion of Commissioner Thomas , seconded by Co:mmis ... --------------------
sioner ___ c_a_£E_e_n_t_e_r _____ ~ this Ordinance was passed on first reading
. \ on th1s the _J.J_ day··of ___ I-!a.....;..y _____ , 1954, by the following vote:
Commissioners voting 11 YEA11: Carpenter, 'l'homas am Mayor Pro•tem
Baker
Commissioners voting "NAY.": 1~one
On motion of Comtnissioner ThCIII&s , seconded by Commis--------------------sioner Porres~ , this Ordinance was passed on second reading
on this the t7 ' day of Ma7 , 1954, by the following vote: ----------------------
Commissioners voting uyEA": Balcer, Carpenter, Forrest, Thomas, and
Mayor Tripp
Commissio.ners voting "NAY": None
SG:sv
5-11-54
f