The purpose of this chapter 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. Further, the chapter should provide the police department with more adequate tools for investigations concerning stolen property. Items of property to be included in the regulations are limited to those items most frequently stolen and for which there is a ready market. (Ord. Nos. 15064; 20241; 21310)
In this chapter:
(1) AUTOMOBILE ACCESSORIES means hubcaps, wheel covers, radar detectors, tape decks and tape players, removable automobile tops, and like items that are crafted or designed for use in or on automobiles as accessory items. The term does not include completely assembled automobiles.
(2) AUTHORIZED VENDOR means a commercial supplier who deals in the wholesale distribution of regulated property in the ordinary course of business.
(3) 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.
(4) CHIEF means the chief of police of the city of Dallas or a designated representative.
(5) 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, irridium, rhodium, osmium, ruthenium, or their alloys, but does not include coins, bullion, or bars of such metals.
(6) DEALER means any person, other than a pawnbroker, pawnshop, or other business licensed under the Texas Pawnshop Act (Article 5069-51.01 et seq., Vernon’s Texas Civil Statutes), who:
(A) purchases regulated property for resale or salvage use; and
(B) 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.
(7) ELECTRONIC EQUIPMENT means any electrical device including, but not limited to, a radio, television, video recorder, home computer, video camera, stereo, tape, or record.
(8) HOLD NOTICE means notification by the chief that a person may not sell, redeem, or dispose of regulated property that:
(A) has been identified as potentially stolen; or
(B) has a defaced identification number.
(9) 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.
(10) LICENSEE means a person in whose name a license has been issued under this chapter or a person listed as an applicant on the application for a license.
(11) PASSPORT means a passport issued by the United States government or issued by another country and recognized by the United States government.
(12) PERSON means an individual, partnership, corporation, joint venture, trust, association, and any other legal entity.
(13) PERSONAL IDENTIFICATION CERTIFICATE means a certificate issued by the Texas Department of Public Safety under Article 6687b, Vernon’s Texas Civil Statutes or a similar certificate issued by another state.
(14) POWER TOOL means a tool powered by electrical or AC/DC current or by liquid or gaseous fuel, including, but not limited to, pneumatic and welding equipment.
(15) PURCHASE means a transaction in which a person takes title to regulated property in exchange for valuable consideration.
(16) REGULATED PROPERTY means new or used:
(A) automobile accessories;
(B) business machines;
(C) crafted precious metals;
(D) electronic equipment;
(E) firearms as defined by state law;
(F) household appliances;
(G) jewelry;
(H) motorcycle accessories;
(I) musical instruments;
(J) photographic equipment;
(K) power tools; or
(L) sporting goods.
(17) SALVAGE USE means the extracting or isolating of one or more of the component parts of regulated property for later use. The term specifically includes the melting, pulverizing, compacting, or similar alteration of an item of crafted precious metals.
(18) SELLER means the person in a purchase transaction who is affirming the legal right of ownership and the right to sign over title to the property offered for sale. (Ord. Nos. 15064; 16882; 17398; 18892; 20241; 21310)
(a) A dealer in regulated property shall keep a sales record that indicates the business name and address of the manufacturer or authorized vendor from which the regulated property was purchased.
(b) If the regulated property was purchased from other than a manufacturer or authorized vendor, a dealer shall:
(1) at the time of purchase, record in a legible manner on a sequentially-numbered detachable ticket, approximately four inches by six inches in dimension, which is kept in sequential order at the person’s local place of business, the following information:
(A) the name and address of the dealer’s business;
(B) the name, address, sex, date of birth, and driver’s license number, military identification number, passport number, or personal identification certificate number of the seller of the regulated property;
(C) the date and time of purchase;
(D) a complete description of the property purchased, including, but not limited to, the type of property, the brand name or manufacturer’s name, any serial number, identifying number, or initials inscribed in or attached to the property, and any other identifying marks or features of the property;
(E) the price paid or other consideration exchanged for the property purchased; and
(F) the signature of the seller affirming ownership of the property offered for sale;
(2) at the time of purchase, determine that the photograph on the driver’s license, military identification card, passport, or personal identification certificate is a photograph of the seller and make a photocopy of the identification card or license;
(3) segregate the property purchased from the seller from property purchased from other sellers and attach to the property, or to the container in which the property is held, a tag indicating the name of the seller and the date on which the property was purchased;
(4) retain possession of the purchased property at the dealer’s local place of business and withhold the property from resale or salvage use for 21 calendar days;
(5) make the purchased property available for inspection at the dealer’s local place of business by any police officer during regular business hours while the property is in the dealer’s possession; and
(6) make a photograph of the seller in each purchase transaction in a manner such that the seller’s facial features are clearly visible.
(c) A dealer shall maintain on file the information required by Subsections (a) and (b) for one year from the date of purchase or until the item is sold, whichever occurs later. (Ord. Nos. 15064; 16882; 17398; 18892; 20241; 21310)
(a) When a police officer has reasonable cause to believe that regulated property offered for sale is stolen or has had the manufacturer’s identification number or any other identifying mark removed, defaced, or altered, the chief may place a hold notice upon the property.
(b) All regulated property upon which a hold notice has been placed must be held by the dealer at the dealer’s local place of business for 60 calendar days, unless released sooner by the chief. After 60 calendar days with no disposition of the property by the chief, the hold is automatically released, and the dealer may dispose of the property. (Ord. Nos. 15064; 18892; 20241; 21310)
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