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Home My WebLink AboutOrdinance - 1578-1954 - Defining And Regulating Dealers In Secondhand Or Used Articles - 06/24/1954~OTJ Y s ent :.egal&. ~ity Tax ~ollector ?-12-54 I.. QlP-;;J 4--195 LY L>=+ -o~ -1954 ORDDfAM:E MO. 1578 AN ORDINANCE DEFINING AND REGULATING DEALERS IN SECONDHAND OR USED AH.TICLES; PROVIDING FOR OCCUPATION LICENSE; PROVIDING FOR DAILY RECORDS TO BE KEPT AND FURNISHED TO THE CHIEF OF POLICE; PROVIDING FOR VISITATION AND EJCAlv.IINATION OF THE PREMISES AND GOODS! PROVIDING A PENALTY· REPEALING ORDINANCES NUMBER 170, 510 AND 1563; AND AUTHORIZING PUBLICATION OF THE' CAP.TION ANDPENALTY CLAUSE. W H E R E A S, dealers in secondhand goods, wares and merchandise are in the habit of purchasing secondhand articles and assuming the seller thereof is the true owner; and, W HE R E AS, many stolen articles are sold to secondhand stores and adequate provisions are not provided for the location of such stolen property; and, W H E R E A S, the protection of the public peace and property creates a necessity for the enactment of this ordinance; T H E R E F 0 R E, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUB:OOCK: SECTION 1. That for the purpose of this ordinance the words "dealer" and/or "dealers in secondhand merchandise, goods or wares" shall mean any person, persons, firms, association, partne~hip or corporation who buys or sells used goods, wares or merchandise of whatever kind or character as his principal business at any location. It is not intended by this defi nition to include dealers in used books, automobiles, or any person Who sell~ new goods, wares or merchandise and occasionally buys or accepts used goods, wares or merchandise as trade or new goods, wares or merchandise. SECTION 2. That it shall be unlawful for any person, persons, firms, partnership, association or corporation to pursue the occupation of dealers of secondhand goods, wares or merchandise as defined in Section 1 (One) of this ordinance within the corporate limits of the City of Lubbock, without having first obtained a license therefor from the City of Lubbock and displaying such license as herein provided. SECTION 3. That every dealer of used goods, wares or merchandise, befo~ pursuing that occupation, shall make application to the Ci ty 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. That a separate license and application shall be required for each establishment or place of business regardless of the ownership of such business. -J..c.::-. Upon application and payment of the license fee of {;'v e ( H 1"71fe Dollars, 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 the name under which the business is to be conducted and such license shall be kept conspicuously posted in the place of business of the dealer where it may be readily available for inspection b,y the ~ublic. SECTION 5. That licenses shatl be due and payable on or before the first day of January each year and shall be valid for the calendar year for which c Page 2 issued. No licenses shall be transferable or assignable and shall be valid for the use of the dealer named therein only. SECTION 6. '!'hat licenses shall be valid only at the address stated in the license, provided, however, that should a dealer desire to changehis place of business to another location he shall notify the City Tax Collector previous to the change and uponproper notification the City Tax Collector shall issue, without charge, a new license authorizing the operation of such business at the new location. SECTION 7. That each and every dealer coming under the provisions of this ordinance shall keep a complete set of daily records, which shall be written at the time of every purchase of any article containing a description of the article, the name and address of the person offering such article for sale, the amount paid for such article and if such article should be sold by the dealer within a period of forty-eight (48) hours of the purchase time, then the dealer shall show in the daily record the name and address of the person purchasing the article. SECTION 8. That all articles purchased by a dealer 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 da~ records required to be kept by this ordinance shall be prepared in duplicate and the duplicate or carbon copy 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 times 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 which is entered upon such record. SECTION 11. That it shall be the duty of the Chief of Police to furnish each dealer coming under the provisions of this ordinance, with the daily records as described in Section 7 of this ordinance without cost to the dealer and if the Chief of Police fails or neglects to furnish such dealer with the daily records no penalty for failure to keep and maintain such daily records shall apply to such dealer, provided, hm·Tever, that nothing in this Section shall exempt the dealer 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 misdemeano for any person, persons, firm, partnership, association or corporation to violate aqy provisions of this ordinance and shall~ upon conviction, be punished by a fine or not more than Two Hundred Dollars ( $200) • SECTION 13. That all current licenses issued under the provisions of Ordinance No. 510 shall be continued into effect until January 1, 1955, and shall be considered as having been issued under the provisions of this ordinance. SECTION 14. That Ordinances No. 510, 170 and 1563 are hereb,y expressly repealed and aqy other ordi~nce except those expressly repealed hereby are to be ==--=·--=-r~~========--------===============------==========--------=====~--~ --J 0. Page 3 considered cumulative with the provisions of this ordinance and shall not be considered repealed by implication or otherwise. The City Secretary is authorized to show on the margin of the Minute Book of the City of Lubbock that the above ordinances are repealed by this ordinance. SECTION 15. 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~ffect the remaining portion of this ordinance but such remaining portion shall remain in full force and effect. SECTION 16. That the City Secretary is hereby authorized and directed to publish the descriptive caption of this ordinance togethe~ with the penalty provision as required by law. A N D I T I S S 0 0 R D E R E D. On motion of Commissioner ~-s_t~··------second~b b,y.Gommissioner . _c_ar_.p_e_n_t_er ______ , the foregoing ordinance was passed on first reading this, the 24 day ·of ~~::__, 1954, b.r the following vote: Commissioners voting "YEAn: Commissioners voting "NAYtt: Carpenter, Forrest and L~nrds Baker- Mayor Pro-tem None On motion of Commissioner ~~a&st.______ seconded by Commissioner ~C~a~r~p~en_t~e~r._ ____ , the foregoing ordinance was passed on second reading this, the 8th day of __ J .... ul;=;v: __ , 1954, by the follo'\oTing vote: Commissioners voting uYEAn: Carpenter, Forrest, Thomas & Mayor Pro-tem Baker Commissioners voting "NAY": ATTEST: '· ifsgt 6-14-54