Loading...
Each article purchased by a secondhand dealer shall be kept intact and separate from property purchased from other sellers. Each article shall have attached on the container or, if no container, on the article itself a tag on which is legibly printed the corresponding number of the report required in § 20-252.
(1964 Code, § 22-9) (Ord. 9175, § 3, passed 8-21-1984)
All secondhand articles purchased by secondhand dealers shall be retained by them in their original shape, form and condition for a period of 14 consecutive days after such purchase during which period no part of such purchase shall be sold or removed from the place of business of such dealer. Secondhand articles may be held for less than 14 days upon the written authorization of the police department. The aforementioned holding period is not required for secondhand articles purchased from other licensed secondhand dealers within the city.
(1964 Code, § 22-10) (Ord. 9175, § 3, passed 8-21-1984)
No secondhand dealer shall remove, alter or obliterate the manufacturer’s brand name, serial number or other identifying numbers or marks from any secondhand article purchased.
(1964 Code, § 22-11) (Ord. 9175, § 3, passed 8-21-1984)
No secondhand dealer shall purchase for any purpose any used or secondhand article from any person under the age of 18 years or which may be owned or claimed by or in the possession or control of such person unless the parent or guardian of such person shall state in writing that such transaction took place with such parent’s or guardian’s full knowledge and consent. The written statement shall be signed by a parent or guardian and have thereon the address and telephone number, if any, of such parent or guardian.
(1964 Code, § 22-13) (Ord. 9175, § 3, passed 8-21-1984)
This article shall not apply to:
(a) Charitable, philanthropic, religious, fraternal, civic, patriotic, social or school-sponsored organizations or associations or to any non-profit corporations or associations;
(b) Any person dealing solely in the purchase, sale or trade of used or secondhand motor vehicles;
(c) The occasional sale to the public of used or secondhand goods and wares that have been used primarily for personal, family or household purposes by the owner, if the seller, at the time of sale, is not engaged in the business for profit of selling goods of that or of a similar nature, which shall include garage sales conducted at a private residence and neighborhood garage sales;
(d) Public and private auctions;
(e) Sales made by any public officer in his or her official capacity as a trustee in bankruptcy, executor, administrator, receiver or public official acting under judicial process or authority, or sales on the execution of, or by virtue of, any process issued by a court;
(f) Sales and purchases made by the United States, the state or the city or any political subdivision, department or agency thereof;
(g) Used or secondhand articles which are deposited with or otherwise actually delivered into the possession of a pawn broker in the course of his or her business in connection with a pawn transaction under the provisions of the Texas Pawnshop Act, Tex. Revised Civil Statutes Article 5069-51.02;
(h) Any person dealing in secondhand or used merchandise whose dealing is limited to the acquiring of such merchandise through an exchange for new merchandise, and to the selling of such by sale only incidental to any part of the main business of dealing in new goods or merchandise;
(j) Recyclers and recycling facilities as defined in Chapter 20, Article XI, § 20-384 of the city code.
(1964 Code, § 22-14) (Ord. 9175, § 3, passed 8-21-1984)
(a) No secondhand dealer shall transact or engage in business within the city unless and until such secondhand dealer has obtained a license as follows.
(1) Any secondhand dealer desiring a license shall make written application to the chief of police upon forms provided by the police department.
(2) The application must be signed and sworn to by the applicant before an officer authorized by law to administer oaths.
(3) Secondhand dealers shall pay an annual license fee in the amount of $25 to the city tax assessor-collector.
(4) Upon approval of the application by the chief of police and the payment of the license fee, the city tax assessor-collector shall issue a license to the applicant.
(b) All secondhand dealers licenses shall expire one year from date of issuance. Upon expiration, licenses shall be renewed for another year by the payment of the annual license fee of $25 to the city tax assessor-collector.
(1964 Code, § 22-2) (Ord. 9175, § 3, passed 8-21-1984)
Loading...