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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)
The chief of police may deny a license under this division on one or more of the following grounds:
(a) The applicant is under 18 years of age;
(b) The applicant has made a false statement or misrepresentation of a material fact on the sworn application submitted to the chief of police; and/or
(c) The applicant has been convicted of a felony or any theft offense and three years have not elapsed since the termination of any sentence, parole or probation.
(1964 Code, § 22-3) (Ord. 9175, § 3, passed 8-21-1984)
No secondhand dealer shall assign or transfer his or her license under this division to another or knowingly permit his or her license to be used by another, and no person shall exhibit or use the license of any secondhand dealer, except one issued to him or her, while engaging in the purchase, sale or trade of secondhand goods, wares and merchandise.
(1964 Code, § 22-5) (Ord. 9175, § 3, passed 8-21-1984)
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