Ord. No. 03-81-1097ORDINANCENO.3-81-1097
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA,AMENDING ARTICLE VII OF CHAPTER
13 OF THE CODE OF ORDINANCES OF THE CITY
OF SOUTH MIAMI,FLORIDA,BY ADDING,
IMMEDIATELY AFTER SECTION 13-57,A NEW
SECTION 13-58 ENTITLED:"SECONDHAND DEALERS -
JEWELRY,METALS AND COINS",FOR THE PURPOSE
OF REGULATING SECONDHAND BUSINESSES DEALING
IN JEWELRY,METALS AND COINS;PROVIDING THAT
THESE REQUIREMENTS ARE IN ADDITION TO OTHER
CODE REQUIREMENTS;PROVIDING FOR A PENALTY;
FOR SEVERABILITY;REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH;
AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE
EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Article VII of Chapter 13 of the
Code of Ordinances of the City of South Miami,Florida,be,and
the same is hereby amended by adding immediately after Section
13-57,the following new Section,to-wit:
"Sec.13-58.Secondhand Dealers -Jewelry,Metals and Coins.
(a)'Secondhand Dealer -Jewelry,Metals and Coins1,means
anyperson,firm or corporation engaging in,conducting,
managing,or carrying on the business of buying,
selling,or otherwise dealing in secondhand jewelry,
precious and semi-precious stones,metals containing
gold or silver,and imitations thereof,watches,rings,
bracelets,coins,and other similar goods,wares,and
merchandise.This definition includes pawn shops
conducting,managing,or carrying on the above
described business.
(b)Permit Required.No person,firm or corporation shall
engage in,manage,conduct or carry on the business of
a 'Secondhand Dealer -Jewelry,Metals and Coins'
without first submitting a written application to the
Chief of Police and the payment ofafee of $25.00,
which application will include the name,home address
and birthdate ofthe person making the application,
the names,addresses and birthdates of all persons having
an interest in such business,whether it isa sole
proprietorship,partnership or corporation,including
stockholders and directors,a copy of the last corporate
or partnership report furnished the State of Florida,and
the names,addresses and birthdates of all employees.
That upon receipt ofthe said application,the Police
Chief or his designee may examine and investigate same,
and within ten (10)days thereof,shall forward the
application,along with his recommendations,to the City
Manager for approval or disapproval.
(c)Change of Location.A change of location may be
endorsed ona permit by the Police Department upon
written application by the permittee,accompanied by
a change of location fee of $10.00.
(d)Record of Purchases.Every 'Secondhand Dealer -
Jewelry,Metals and Coins'shall keep a record of
purchases,which record shall contain:
(1)The name and address of each person from whom
an item,as described in Subsection (a)
hereinabove,is purchased,including the signature
of the person selling the same,together with
said person's driver's license number or other
identifying number,and the person's right thumb
print.
(2)A general description of the item purchased.
(3)The estimated quantity of the item purchased.
(4)The date ofthe purchase and the purchase price.
(5)The records shall,at all times,be subject to
inspection by all law enforcement officers,and
shall be preserved for a period of three (3)
years after purchase.
(6)A copy of the record of each item purchased shall
be submitted to the Police Department within
twenty-four (24)hours after the purchase.
(e)Holding Period.Property acquired in the course ofa
permittee's business shall be held for a fifteen (15)
day period.This holding period and the thumb print
requirement found in Subsection (d)(1)shall apply
in all instances,except only to the purchase and
sale of gold and silver coins and gold and silver
bullion,when the purchase and sale is conducted by
a person whose primary business is dealing in gold
or silver coins and gold and silver bullion.
(f)Hold-Order.Ifa police officer has reasonable
grounds to believe that an item acquired by a
permittee under this section in the course of his
business is the subject of a criminal investigation,
such police officer may place a hold-order upon
such property for a period of ninety (90)days,and
upon release of such property,may require the
permittee to keep a record of the disposition of
such property.It shall be unlawful for any person
to dispose of any property contrary to any hold-order
issued by a police officer.
(g)Violation.No permittee shall clean,alter,repair,
or otherwise change the appearance,melt,destroy,
sell,export,or otherwise dispose of any item
described in Subsection (a)hereinabove,obtained in
the course of this business until the fifteen (15)
day period described in Subsection (e)hereinabove,
or the ninety (90)day period described in Subsection
(f)hereinabove,have expired.
(h)Exception.The provisions of Subsections (e)and
(g)hereinabove shall not apply to transactions by
and between 'Secondhand Dealers -Jewelry,Metals
and Coins',where the seller before the sale to
another dealer,has complied with all of the provisions
of Section 13-58.
Requirements are in Addition to Other Code Requirements.
The requirements of this Chapter arein addition to any
other requirements of the Code of Ordinances of the City
of South Miami,such as,but not limited to zoning and
occupational license requirements.
Penalty.Any person who violates any of the provisions
of this Chapter shall be subject to punishment,as
provided in Section 1-8 of the 'Code of Ordinances of
the City of South Miami1.11
Section 2.If any portion of this Ordinance is
declared by a court of competent jurisdiction to be invalid or
unenforceable,such declaration shall not be deemed to affect
the remaining portions of this Ordinance.
Section 3.All Ordinances or parts of Ordinances
inconsistent orin conflict herewith be,and the same are hereby
repealed insofar as there is conflict or inconsistency.
Section 4.This Ordinance shall take effect
immediately at the time ofits passage.
PASSED and ADOPTED this 3rd day of March ,1981.
Attest
City Clerk
Passed on First Reading:2/17/81
Passed on Second Reading:3/3/81
APPROVED
Mayor
Moved by
Vice-Mayor Lantz
Seconded by Comm.Gib&on.
YES
Block K_.
Bowman x_
Gibson X_
Lantz ,—x-
p™i»r absent
NO
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