HomeMy WebLinkAboutOrdinance - 1577-1954 - Regulating Pawnbrokers Providing For Occupational License. - 06/24/1954Copy sent
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ORDiliANCE 50. 1571
AN ORDINANCE REGULATING PAWNBROKERS; PROVIDING FOR OCCUPATION LICENSE
FOR ALL PAWNBROKERS; PROVIDING FOR APPLICATION AND PAYMeNT OF LICENSE FEE; PRO-
VIDING FOR DAILY RECORDS TO BE KEPT AND FURNISHED '!0 THE CHIEF OF POLICE; P:OOVIDING
FOR VISITATION AND EXANINATION OF TH"E PRl!:MISES AND GOODS; PROVIDING A PENALTY;
AUTHORIZING PUBLICATION OF TIIE CAPTION AND PENALTY CLAUSE.
W H E R E A S, Pawnbrokers are in the habit of taking in pawn articles
and assuming the possessor-thereof to be the true owner; and,
li H E R E A S, nany stolen articles find their way into pawn shops and
inadequate provisions are now provided for the location of such stolen articles;
and,
W H E R E A S, the protection of the public peace and property creates
a necessity for the enactment of thi s ordinance; N 0 W, T H E R E F 0 R E,
BE IT ORDAINED BY THE CITY CO:t>lMISSION OF THE CITY OF LUB:OOCK:
SECTION 1. In addition to the provisions of the State Law all pawn-
brokers s~all be regulated qy ti1e provisions of this ordinance.
SECTION 2. It shall be unlawful for any person, firm, corporatio~,
partnership or association to pursue the occupation of pawnbroker or to engage in
the business of loaning of money and holding as security goods, wares or merchandis
of any kind 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 association
before opening, maintaining or operating a business of pawnbroker shall make an
application to the City Tax Collector for a license for each business place or
establishment maintained or operated upon a form to be furnished by the City Tax
Collector which shall contain such information as the Tax Collector 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 the license fee in the amount of one-ha
of the amount of occupation tax charged ~ the State of Texas, the Tax Collector
shall issue a license to the applicant which license shall state upon its face the
address and business to be conducted and name under which the business is to be
conducted and such license shall be kept conspicuously posted in the place of
business of the licensee where it may be readily available for inspection by the
public.
SECTION 5. That licenses shall be due and payable on or before the
first day of January each year and shall be valid for the calendar year for which
issued. No licenses shall be transferable or assignable and shall be vali4 for
the use of thelicens~enamed therein only.
SECTION 6. That licenses shall be valid only at the address stated in
the license, provided, hovTever, that should aliceiisa>edesire to change his place of
Fage 2
business to another location he shall notify the City Tax Collector previous to
the change and upon proper notification the City Tax Collector shall issue, without
charge, a new license authorizing the operation of such business at the new locatioi.
SECTION 7. That each and every person, firm or corporation engaging
in the business of pawnbroker shall keep a complete set of daily records which
shall be written at the time of the taking in pawn of every article and shall
contain a description of the article, the name and address of the person offering
such article for pawn and the amount loaned upon such article.
SECTION 8. That all articles taken in paw 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.
SECTION 9. That the daily records required to be kept by this ordinance
shall be prepared in duplicate and the duplicate or carbon cop,y of such record
shall be furnished to the Chief of Police.
SECTION 10. That the daily record required to be kept by this ordinance
shall be open at all tLmes to the examination and inspection of any police officer
of the City of Lubbock under the direction of the Chief of Police and, upon demand,
the owner, manager or employees of such business shall point out any article
~hich is entered upon such record.
SECTION 11. That it shall be the duty of the Chief of Police to furnish
each licensee coming under the provisions of this ordinance, with the daily records
as described in Section 7 of this ordinance without cost to the licensee and if
the Chief of Police fails or neglects to furnish such licensee with the daily
records no penalty for failure to keep and ~Aintain such daily records shall
apply to such licensee, provided, however, that nothing in this Section shall
exempt the licensee from purchasing the license as required in this ordinance or
the penalty provided for the failure to do so.
SECTION 12. That it shall be unlawful and shall constitute a misdemeanOl
for any person, persons, firm, partnership, association or corporation to violate
any provisions of this ordinance and shall~ upon conviction, be punished by a fine
of not more than Two Hundred Dollars ($200).
SECTION 13. All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
SECTION 14. That if any section, sub-section, word or phrase of this
ordinance is for any reason held to be unconstitutional or invalid such decision
shall not a:ffect the remaining portions of this ordinance but such remaining por-
tions shall remain in full force and effect.
SECTION 15. That the City Secretary is hereby authorized and directed
to publish the descriptive caption of this ordinance together with the penalty
clause as required by law.
A N D I T I S S 0 0 R D E R E D.
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On motion of Co~ssioner r __ or_r_e_s_~--------seconded by Commissioner
Carpent.n' __ , the foregoing ordinance was passed on first reading this, the
~ day of _Ju_n_e __ , __ , 1954, by the following vote:
Ccunnniasioners voting "YEA": Carpenter, Forrest and Lennis Baker-Mq-or
Pro-tem
Commissioners voting "NAY•:None
On motion of Commissioner Forre~~----seconded by Commissioner
Carpenter ____ , the foregoing ordinance was passed on second reading this, the
Sth day of July~---' 1954P by the following vote:
'
ATTEST:
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6-14-54
Commissioners voting "YEA": Carpenter, Forrest Thomas & Mayor Pro-tem
Baker
Commissioner.s voting "NAY":