HomeMy WebLinkAbout13801ORDINANCE NO. 13,801
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
BY ADDING A SUBSECTION TO SECTION 21 -13.1
WHICH PROVIDES FOR A LICENSE TAX FOR PRECIOUS
METAL DEALERS; AMENDING THE CODE OF ORDINANCES
BY ADDING AN ARTICLE TO CHAPTER 21 ENTITLED
ARTICLE III. DEALERS IN PRECIOUS METALS
REGULATING DEALERS IN PRECIOUS METALS; PRO-
VIDING A PENALTY; DECLARING AN EMERGENCY;
AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. That the Code of Ordinances of the City of
Little Rock, Arkansas is hereby amended by adding a subsection
to the schedule of license taxes contained in Section 21 -13.1
which shall read as follows:
Annual Charge
Base
Precious Metal Dealers $100.00 per day
This subsection shall not apply if the person, firm or
corporation pays a privilege license tax under another classifi-
cation set out in Section 21 -13.1 of the Code of Ordinances,
provided the tax is paid for the privilege of conducting a business,
occupation or profession which routinely and customarily includes
the buying of precious metals.
SECTION 2. That the Code of Ordinances of the City of
Little Rock, Arkansas is hereby amended by adding Article III to
Chapter 21 which shall read as follows:
Article III. Dealers in Precious Metals
Section 21 -21. Definitions.
The following definitions shall apply to the
use of certain terms in this article:
(a) Precious Metal Dealer: A person, firm or
corporation engage in the business of
buying precious metals, whether for cash
or trade, and whether or not a fixed
place of business is maintained for such
purposes.
(b) Precious Metals: Any form of gold, silver
or platinum.
Section 21 -22. Records.
Every person, firm or corporation engaged in the
business of buying, whether for cash or trade,
precious metals shall keep a well -bound record
book or register which shall contain a copy of
every bill of sale issued by said dealer. The
Chief of Police or his duly authorized agent
shall be entitled to inspect said book or
register at any reasonable time.
Section 21 -23. Reports for Police Department.
Every person, firm or corporation engaged in the
business of buying, whether for cash or trade,
precious metals shall daily enter on forms
supplied by the Chief of Police, in chronological
order, all transactions :wherein and whereby it
receives precious metals and shall provide all
pertinent information pertaining to each trans-
action to the Chief of Police. Each page or
sheet aforementioned shall contain columns
appropriately entitled for the recording of such
information as shall be required herein, and,
specifically shall contain columns entitled
"Amount Paid ", "Article ", "Description of Article"
"Marks ", "Name of Party Selling ", "Method of
Identification ", "Address ", "Description of
Person" and "Thumbprint of Person Selling the
Goods ", though other columns for pertinent
information may be added or deleted from time
to time.
Section 21 -24. Contents of Reports.
The information to be entered under the column titles
shall be as follows:
A) "Amount Paid ". In this column shall be entered
the amount paid for the article or articles by
a dealer in precious metals.
B) "Article ". The entry in this column shall be a
description of the class of goods within which
the purchased items belong. Examples are: coins,
rings, silverware, etc.
C) "Description of Article ". Here a concise descrip-
tion of the goods shall be given.
D) "Marks ". In this column any identifying marks,
initials, monograms, brand name, or personalized
features shall be entered to further describe
the goods.
E) "Name of Party Selling ". Here shall be entered
the name of the person presenting the goods for
sale. The name shall be substantiated and veri-
fied by the Dealer by examination of the driver's
license or social security card of the seller.
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F) "Method of Identification ". The entry here shall
be the number appearing on the driver's license,
social security card or other identification source
of the person selling the articles.
G) "Address ". The address of the person selling the
goods shall be placed in this column.
H) "Description of Person ". A description of the
person selling the goods shall be made in this
column indicating sex, race, height and weight.
I) "Thumbprint of Person Selling the Goods ". In
this space, the Dealer shall require the seller
to place a legible print of his /her right thumb.
J) "Photograph ". In this space the dealer shall attach a
photograph of the goods received.
Section 21 -25. Duty to Retain Goods.
No precious metals of any kind whatsoever received by
the Dealer shall be sold or permitted to be removed
from the place of business of the Dealer for a period
of thirty -six (36) hours from the time of receiving
same and all such goods shall be retained in the original
condition in which they were received during said thirty -
six (36) hour period.
Section 21 -26. Notification to Police of Altered
Goods.
In the event any articles sold to any person regulated
by this Ordinance, which normally carry or have a
serial number or other means of identification, which
shall have said serial number or other means of
identification removed, muti.la.ted, defaced or des-
troyed, or melted down, such fact shall be immediately
reported by the Dealer to the Chief of Police or his
duly authorized agent.
Section 21 -27. Penalties.
Any person, firm or corporation who shall wilfully
violate any provision hereof shall upon conviction
thereof be deemed guilty of a misdemeanor and shall
be punished by a fine of not less than one hundred
dollars ($100.00) nor more than five hundred dollars
($500.00) for each offense or by imprisonment for not
more than one year. Each and every item of goods
acquired in violation hereof shall be deemed a separate
transaction and each failure of any person, firm or
corporation to keep a record of each transaction as
required by this Article, or to make a report as
required by this Article, or to comply with any other
provision hereof shall constitute a separate offense.
Section 21 -28. This Ordinance shall have no appli-
cation to financial institutions chartered under state
or federal banking laws; nor to security firms duly
licensed under federal or state laws; nor to trans-
actions between such institutions or firms and their
customers.
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SECTION 3. Severability. The subsections, paragraphs,
sentences, clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or subsection of
this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, that
unconstitutionality shall not effect any of the remaining phrases,
clauses, sentences, paragraphs or subsections of this Ordinance
since they would have been enacted without the incorporation in
this Ordinance of the unconstitutional phrase, clause, sentence,
paragraph or subsection.
SECTION 4. It is hereby found and determined that the lack
of licensing and regulating of dealers in precious metals encourages
an open market for certain stolen property. Therefore, an emergency
is hereby declared to exist and this Ordinance, being necessary
for the preservation of the public peace, health, safety and welfare,
shall be in full force and effect from and after its passage and
approval and all Ordinances and parts of Ordinances in conflict
herewith are hereby repealed.
PASSED: March 12, 1980
ATTEST:
VW6 ek A0140,
APPROVED:
City Clerk Mayor