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HomeMy WebLinkAbout1997 Ordinance No. 024ORDINANCE NO .d!i SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 22 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AMENDING TITLE 5, BY ENACTING A NEW CHAPTER 23 , ENTITLED PURCHASER OF VALUABLE ARTICLES AND AMENDING TITLE 7, CHAPTER 6E , SECTION 4, BY THE ENACTMENT OF A NEW PARAGRAPH E, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS , with the passage of this Ordinance the City's staff will be able to issue purchaser of valuable articles licenses; and WHEREAS; this new license requires an application be submitted to the Licensing Officer as required by Title 5, Chapter 1; and WHEREAS, this license has special license requirements due to the nature of this business; and WHEREAS, a purchaser of valuable articles purchases articles that could be lost or stolen and the special requirements are needed to protect the public as well as the license holder; and WHEREAS, this license is not transferable because it is unique to the license holder; and WHEREAS, the requirement of a police background investigation is required to ensure only qualified applicants without a criminal background perform these activities in the City of Englewood, this requirement alone makes the license unique to the applicant and therefore not transferable; and WHEREAS , this license has special license requirements that focus on obtaining proper identification of the seller, a detailed description of all the articles sold , and the customer's declaration of ownership ; and WHEREAS , these requirements lessen the chance of the license holder purchasing stolen or lost items; and WHEREAS , this license requires the license holder to maintain and keep for three years a detailed register and make the register available to any local law enforcement agency; and WHEREAS, the license holder must provide the local law enforcement agency with copies of records on a weekly basis ; and WHEREAS, this license requires transaction fees be paid to cover the City's cost of administering the provisions of this license; and 10 b iv WHEREAS, this license protects minors or persons under the influence of drugs or alcohol by not allowing the license holder to purchase valuable articles from them; and WHEREAS, this license does not allow the license holder to take any valuable article on consignment to ensure that provisions of this license are not circumvented; and WHEREAS, this license does not allow the license holder to purchase any valuable article where the identification number has been tampered with to reduce the incidence of a license holder purchasing stolen articles; and WHEREAS, this license allows any police officer to confiscate any stolen or illegally obtained property to ensure the property is not resold or taken out of the City of Englewood; and WHEREAS, the City shall inspect the premises for compliance with all Building, Housing and Zoning Codes to ensure the safety of large gatherings of the public ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 5, by enacting a new Chapter 23, entitled Purchaser of Valuable Articles of the Englewood Municipal Code 1985 , which shall read as follows : CHAPTER23 PURCHASER OF VALUABLE ARTICLES SECTION: 5-23-1: DEFINITIONS 5-23-2: LICENSE REQUIRED 5-23-3 : APPLICATION FOR LICENSE 5-23-4: SPECIAL LICENSE REQUIREMENTS 5-23-1: DEFINITIONS: FOR THE PURPOSE OF THIS CHAPTER , THE FOLLOWING TERMS , PHRASES , WORDS AND THEIR DERIVATIONS SHALL HAVE THE MEANINGS GIVEN HEREIN. PRECIOUS OR SEMIPRECIOUS METALS OR STONES : THIS DEFINITION INCLUDES, BUT NOT LIMITED TO GOLD , SILVER, PLATINUM , PEWTER , ALEXANDRITE , DIAMONDS , EMERALDS, GARNETS , OPALS , RUBIES , SAPPHIRES , AND TOP AZ . ALSO, INCLUDED UNDER THIS DEFINITION IS IVORY, CORAL, PEARLS, JADE AND OTHER SUCH MINERALS , STONES , OR GEMS AS ARE CUSTOMARILY REGARDED AS PRECIOUS OR SEMIPRECIOUS. -2- PRIVATE COLLECTOR: PURCHASE: PURCHASER : SELLER: VALUABLE ARTICLE : ANY PERSON WHO PURCHASES AN ITEM FOR A PRICE GREATER THAN THE MARKET PRICE OF THE ITEM'S METALLIC OR STONE COMPOSITION , WHO HAS AN INTEREST IN PRESERVING THE ITEM IN ITS UNIQUE OR HISTORICAL FORM , AND WHOSE PRIMARY PURPOSE IN PURCHASING IS NOT THE IMMEDIATE RESALE OF THE ITEM . GIVING MONEY TO ACQUIRE ANY VALUABLE ARTICLE. ANY PERSON HOLDING HIMSELF OUT TO THE PUBLIC AS BEING ENGAGED IN THE BUSINESS OF PURCHASING VALUABLE ARTICLES , OR ANY PERSON WHO PURCHASES FIVE (5) OR MORE VALUABLE ARTICLES IN ANY THIRTY (30 ) DAY PERIOD . A PURCHASER DOES NOT INCLUDE A PERSON PURCHASING VALUABLE ARTICLES FROM A RETAIL OR WHOLESALE MERCHANT WHO DEALS IN GOODS OF THAT KIND . ANY PERSON OFFERING A VALUABLE ARTICLE FOR MONEY TO ANY PURCHASER. ANY TANGIBLE PERSONAL PROPERTY CONSISTING , IN WHOLE OR IN PART , OF PRECIOUS OR SEMI-PRECIOUS METALS OR STONES INCLUDING COLLECTOR COINS . 5-23-2: LICENSE REQum.ED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO OFFER OR PURCHASE VALUABLE OBJECTS IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE EXCEPT FOR THE FOLLOWING CLASSES OF PERSONS : A. PRIVATE COLLECTORS PURCHASING VALUABLE ITEMS FROM OTHER PRIVATE COLLECTORS. B. BUSINESSES ENGAGED IN SELLING COLLECTORS ITEMS . 5-23-3: APPLICATION FOR LICENSE: PURCHASER OF VALUABLE ARTICLES LICENSES SHALL BE ISSUED IN ACCORDAN CE WITH CHAPTER 1 OF THIS TITLE. 5-23-4: SPECIAL LICENSE REQUIREMENTS: A. LICENSES ISSUED UNDER THIS CHAPTER SHALL NOT BE TRANSFERRED TO ANOTHER PERSON OR LOCATION . -3- B. APPLICANTS WILL BE SUBJECT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION. C. A PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL KEEP A NUMERICAL REGISTER WHICH WILL INCLUDE THE FOLLOWING INFORMATION : 1. THE NAME, ADDRESS, AND DATE OF BIRTH OF THE CUSTOMER; 2. THE CUSTOMER'S DRIVER'S LICENSE NUMBER OR OTHER IDENTIFICATION NUMBER FROM ANY OTHER FORM OF IDENTIFICATION WHICH IS ALLOWED FOR SALE OF VALUABLE ARTICLES PURSUANT TO SECTION 18-16-103 C.R.S., 3 . THE DATE, TIME AND PLACE OF THE PURCHASE, AND AN ACCURATE AND DETAILED ACCOUNT AND DESCRIPTION OF EACH VALUABLE ARTICLE, INCLUDING, BUT NOT LIMITED TO, ANY IDENTIFICATION NUMBER, SERIAL NUMBER, MATERIAL TYPE , MINT DATE, DENOMINATION, OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY. 4. THE LICENSE HOLDER SHALL ALSO OBTAIN A WRITTEN DECLARATION OF THE CUSTOMER'S OWNERSHIP WHICH SHALL STATE THAT EACH VALUABLE ARTICLE IS TOTALLY OWNED BY THE CUSTOMER , OR SHALL HAVE ATTACHED TO SUCH DECLARATION A POWER OF SALE FROM THE PARTIAL OWNER TO THE CUSTOMER, HOW LONG THE CUSTOMER HAS OWNED EACH PIECE OF PROPERTY, WHETHER THE CUSTOMER OR SOMEONE ELSE FOUND THE PROPERTY, AND IF THE PROPERTY WAS FOUND , THE DETAILS OF THE FINDING. D. IF THE PURCHASE INVOLVES MORE THAN ONE ITEM, EACH ITEM SHALL BE RECORDED ON THE LICENSE HOLDER'S REGISTER AND ON THE CUSTOMER'S DECLARATION OF OWNERSHIP. E. THE CUSTOMER SHALL SIGN HIS OR HER NAME IN SUCH REGISTER AND ON THE DECLARATION OF OWNERSHIP AND RECEIVE A COPY OF THE CONTRACT OF PURCHASE OR A RECEIPT FOR THE PURCHASE TRANSACTION . F. THE CUSTOMER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO THE DECLARATION OF OWNERSHIP . G . SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE TIME. H . THE PURCHASER OF VALUABLE ARTICLES SHALL KEEP EACH REGISTER FOR AT LEAST THREE (3) YEARS AFTER THE DATE OF THE LAST TRANSACTION ENTERED IN THE REGISTER. I . A PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL HOLD ALL PROPERTY PURCHASED BY HIM OR HER FOR THIRTY (30) DAYS FOLLOWING THE DATE OF PURCHASE , DURING WHICH TIME -4- ' ' \' . .,. • SUCH PROPERTY SHALL BE HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY. J . EVERY PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL PROVIDE THE LOCAL LAW ENFORCEMENT AGENCY, ON A WEEKLY BASIS , WITH TWO (2) COPIES OF THE RECORDS , ON A FORM TO BE PROVIDED OR APPROVED BY THE LOCAL LAW ENFORCEMENT AGENCY, OF ALL VALUABLE ARTICLES PURCHASED DURING THE PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S DECLARATION OF OWNERSHIP. THE FORM SHALL CONTAIN THE SAME INFORMATION REQUIRED TO BE RECORDED IN THE LICENSE HOLDER'S REGISTER PURSUANT TO SUBSECTION A OF THIS SECTION. THE LOCAL LAW ENFORCEMENT AGENCY SHALL DESIGNATE THE DAY OF THE WEEK ON WHICH THE RECORDS AND DECLARATIONS SHALL BE SUBMITTED. K EVERY PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL PAY TO THE CITY A FEE FOR EVERY TRANSACTION FORM. THIS FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION . L . EVERY PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL, AT HIS/HER EXPENSE , KEEP RECORDS OR PROVIDE REPORTS IN SUCH MANNER AND BY SUCH METHODS AS MAY BE DETERMINED FROM TIME TO TIME BY THE DEPARTMENT OF SAFETY SERVICES OR THE LICENSING OFFICER. M . NO PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER, EMPLOYEE , OR AGENT OF THE PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL PURCHASE ANY VALUABLE ARTICLE FROM ANY PERSON UNDER THE AGE OF EIGHTEEN (18 ) YEARS OR FROM ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR DRUGS. N . NO PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER , EMPLOYEE, OR AGENT OF THE PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL PURCHASE ANY VALUABLE ARTICLE FROM ANY PERSON KNOWN TO BE A THIEF OR TO HA VE BEEN CONVICTED OF LARCENY OR BURGLARY, WITHOUT FIRST NOTIFYING THE DEPARTMENT OF SAFETY SERVICES. SUCH NOTICE SHALL NOT BE DEEMED AS AUTHORIZATION BY THE CITY FOR THE PURCHASER OF VALUABLE ARTICLES TO MAKE A PURCHASE FROM SUCH PERSON. 0 . NO PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL TAKE ANY VALUABLE ARTICLE FROM A CUSTOMER ON CONSIGNMENT . P . NO PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER, EMPLOYEE OR AGENT OF A PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL PURCHASE ANY VALUABLE ARTICLE WHEREIN THE IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL NUMBER, BRAND NAME , OWNER'S IDENTIFICATION NUMBER OR -5- OTHER IDENTIFYING MARKS ON SUCH PROPERTY HA VE BEEN TOTALLY OR PARTIALLY OBSCURED . Q . ANY POLICE OFFICER MAY ORDER A PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER TO HOLD ANY VALUABLE ARTICLE FOR PURPOSES OF FURTHER INVESTIGATION . A HOLD ORDER SHALL BE EFFECTIVE UPON VERBAL NOTIFICATION TO THE PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER BY ANY POLICE DEPARTMENT. NO SALE OR OTHER IMPOSITION MAY BE MADE OF SUCH PROPERTY HELD BY ANY PURCHASER OF VALUABLE ARTICLES WHILE THE HOLD ORDER REMAINS OUTSTANDING. A HOLD ORDER SHALL SUPERSEDE ALL OTHER PROVISIONS OF THIS SECTION, AND ANY SALE OR OTHER DISPOSITION OF THE PROPERTY AFTER THE PURCHASER OF VALUABLE ARTICLES HAS BEEN NOTIFIED BY THE DEPARTMENT OF SAFETY SERVICES OF A HOLD ORDER SHALL BE UNLAWFUL AND A VIOLATION OF THIS SECTION. R . IF ANY POLICE OFFICER DETERMINES THAT ANY VALUABLE ARTICLE HELD BY A LICENSE HOLDER IS STOLEN OR ILLEGALLY OBTAINED PROPERTY, SUCH OFFICER MAY IMMEDIATELY CONFISCATE SUCH PROPERTY AND MUST PROVIDE THE PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER WITH A RECEIPT AND CASE REPORT NUMBER. S. A LICENSE HOLDER WHO PURCHASES ANY VALUABLE ARTICLE FROM A CUSTOMER WHO IS NOT THE OWNER THEREOF OBTAINS NO TITLE TO THE ARTICLE. IGNORANCE OF THE FACT THAT THE ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO HAVE ANY EFFECT ON OF THE TITLE. IF THE PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL SELL SUCH ARTICLE TO A THIRD PERSON, THE LICENSE HOLDER SHALL RECOVER THE ARTICLE OR REIMBURSE THE FAIR MARKET VALUE OF THE ARTICLE. THE LAWFUL OWNER MAY, UPON PROOF OF HIS OR HER OWNERSHIP OF THE ARTICLE LOST OR STOLEN, CLAIM THE SAME FROM THE LICENSE HOLDER OR RECOVER THE SAME BY THE APPROPRIATE LEGAL MEAN . Section 2 . The Englewood City Council hereby amends Title 7, Chapter 6E , Section 4 , by enacting a new Paragraph E, which shall read as follows : 7-6E-4: E . NO PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER, EMPLOYEE , OR AGENT OF THE PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL PURCHASE ANY VALUABLE ARTICLE FROM ANY PERSON UNDER THE AGE OF EIGHTEEN (18 ) YEARS . S e ction 3 . Safety C lauses . The City Council, hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. -6- Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification . The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7 . Penalty. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 17th day of March, 1997 . Published as a Bill for an Ordinance on the 20th day of March, 1997. Read by title and passed on final reading on the 7th day of April, 1997. Published by title as Ordinance No?(, Series of 1997, on the 10th day of April, 1997. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true COPYj>/~e Ordinance passed on final reading and published by title as Ordinanoe No."5'f-~,lt:J Loucrishia A. Ellis -7- 1-·' • .., "' March 17, 1997 Date Initiated By COUNCIL COMMUNICATION Agenda Item 10 a ii Subject Bill for an ordinance adopting a new Title 5, Chapter 23, Purchaser of Valuable Articles. Staff Source Department of Financial Services Frank Gryglewicz, Director . COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance adopts Title 5, Chapter 23 to the City Code. This license was not included in the miscellaneous licenses moratorium in the City of Englewood . This bill for ordinance will allow the City's staff to issue purchaser of valuable articles licenses. City Council discussed this license at a study session held March 3, 1997. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This is a new license, created to ensure that persons purchasing valuable articles in the City of Englewood are licensed and comply with required acts , and other license restrictions including background checks and non- transferability of the license . This license is included in a separate Chapter for ease of use . No alternatives were identified . FINANCIAL IMPACT The City of Englewood did not collect any fees for this license in 1996. LIST OF ATTACHMENTS Copy of a bill for an ordinance Printed on Re c yc led P a per.6~