HomeMy WebLinkAboutAmending Chapter 4 Indiana Entitled Licensing t
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ORDINANCE No. 7809-87
Passed by the Common Council of the City of South Bend, Indiana
October 26, r9 87
Attest: r /9-1-c„,„,,,_,.._,_) City Clerk
IRENE K. GAMMON
Attest: �%i' -'''0 ♦' �-.1 ='�� President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana
October 27, �9 87
4-.2—,-e_ AT `,"e° City Clerk
IRENE K. GAMMON
Approved and signed by me aki6e 07 1987
� Mayor
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BILL NO.
ORDINANCE NO. no 9 -37
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER FOUR, ARTICLE II OF THE MUNICIPAL CODE
OF SOUTH BEND, INDIANA ENTITLED LICENSING
STATEMENT OF PURPOSE AND INTENT:
The Common Council of the City of South Bend believes that it is in
the best interest of public safety and welfare to amend certain
provisions of the Licensing Ordinance including the Precious Metal
Dealer' s License and the Second Hand Dealer' s License. The changes
include certain identification and record keeping requirements
which facilitate monitoring of the licensed businesses and
enforcement of the Ordinance provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. Chapter 4, Article 2 of the South Bend Municipal
Code is amended as follows:
Section 4-15. Warning notice and citations.
(a) Upon learning that the business requiring a license
under this chapter is doing business without a license; or is
operating in violation of its license, the Controller may:
1. Issue a warning notice to the violator stating
that he is in violation, that he has seven (7) days in which to
apply for a license or correct the violation and that failure to do
so may result in a citation being issued for the violation; or
2. Request that a citation be issued to the violator
imposing a twenty-five dollar ($25.00) fine. Each subsequent day
of violation shall be considered a separate offense for which a
citation may be issued.
(b) The warning notice issued under this chapter shall
contain the date, time, name and address of the violator, the Code
section violated, nature of the violation, location of violation,
the name of the officer issuing the warning notice and the
telephone number of the office to contact for information.
(c) The citation issued under this chapter shall contain
the date, time, name and address of the violator, the code section
violated, the nature of the violation, location of the violation,
the name of the officer issuing the citation and instructions as to
disposition of the citations.
SECTION II. Chapter 4, Article 2 of the South Bend Municipal
Code is amended as follows:
Section 4-44. Precious Metal Dealers.
(a) Definitions.
(1) Dealer means any person who holds himself out to
the public as a purchaser of precious metals, or who in doing
business engages in purchasing silver, gold or precious mentals.
(2) Precious metals means any article made in whole
or in part of gold, silver, or platinum, but not including any
coin, any gold or silver ingot or any gold or silver bar.
(3) Wholesale precious metals means articles made in
whole or in part of silver, gold or platinum that have not been
previously used, traded or sold by a retailer and that are being
purchased by a dealer from a manufacturer or from a wholesaler or
distributor of newly manufactured precious metals.
(1-,1 T.i ncncc anA n1 anci of nneration:
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(3) The applicant for a precious metals dealer
license shall pay an annual fee of one hundred dollars ($100.00) to
the Controller, upon issuance of the license.
(c) Report to police and records required; contents.
(1) Every dealer shall mail completed precious metal
report forms supplied by the Police Department to the Police
Chief within twenty-four ( 24) hours from time of purchase of any
precious metal items. The reports must contain the seller' s name
and address, social security number, the price paid for each
item, the purchase date; and time, a description of each article
purchased, including identifying marks and the manufacturer (where
known) , and the seller' s driver' s license number or the number of
any other identification issued by a governmental authority bearing
the seller' s photograph, and the account number from one additional
piece of recognized identification. The form shall also bear a
clear, inked impression of the seller' s right thumb print and the
same transaction number as recorded in the dealer' s record book as
required by paragraph ( 2) below.
(2) The dealer shall also record the seller' s
physical description and a description of the property purchased
as required in this sections in a bound book with consecutively
numbered pages, using consecutive transaction numbers and shall
retain the book for three years from the date of the last purchase
recorded pufehase: therein.
(3) The-deaier-shaii-phetegragh-eaeh-grasp-ef
purchased-preeieas-metais-using-an-instant-ghetegraphy-preeess-when
the-tetai-garehase-exceeds-fifty-deiiars-{$58.99}---The-ghetegraphs
shaii-be-ferwarded-te-the-Peiiee-chief-with-the-repent-forms
regained-ia-this-seetiea- When the purchase price of any precious
metal item or group of items exceeds fifty dollars ($50.00) the
dealer shall make a clear photograph of each item or group of items
and forward the photograph(s) to the Police Chief along with the
report forms required by this section.
(4) When the price of any item or group of items sold
by the dealer exceeds fifty dollars ($50.00) the dealer shall
record the name and address of the purchaser in a bound book with
consecutively numbered pages and shall retain the book for three
(3) years from the date of the last sale recorded therein. In
addition, every second hand dealer shall present said books to the
Police Chief for inspection and copying each week on a day
designated by the Chief.
+4+( 5) Any records required to be kept or
maintained under this section shall be available at all times for
inspection by the Police Chief or person duly authorized by him to
inspect the records.
+5}(6) The Police Department shall not reveal a
seiierls the identity of a seller or purchaser supplied under this
section, except to other law enforcement agencies and prosecuting
officials or pursuant to a valid court order, or in the course of
any criminal investigation.
(d) Precious metal purchases from minors prohibited. No
dealer shall purchase precious metals from a person under eighteen
(18) years of age.
(e) Precious metals to be held for seven-}7} fourteen
(14) days before resale. All precious metals purchased by a dealer
must be held for seven-47} fourteen (14) days within the City in
the dealer' s possession, before being resold, melted or altered in
any manner. If the geeds items purchased are held or stored at a
location other than the peiat-of-saie; dealer' s premises licensed
under this section, the location of these goods and the holder' s
idenficiation must be filed with the Police Chief within
twenty-four ( 24) hours from the time of purchase. All goods
required to be held under this section shall be available at all
times for inspection by the Police Chief or person duly authorized
by him to inspect the goods.
r.F1 '^;n rnrnHaca _ Any purchase of coins made up in part
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(h) Penalty. Any violation of the provisions of this
section shall be deemed an offense and, upon conviction, the
offender shall be fined not less than one hundred dollars ($100.00)
nor more than two thousand five hundred dollars ( $2,500.00) . Each
violation shall constitute a separate offense and be punishable as
such.
SECTION III . Chapter 4, Article 2 of the South Bend Municipal
Code is amended as follows:
Section 4-53 . Secondhand Stores.
(a) Definition. Any person who keeps or maintains a
business for the purchase or sale of secondhand clothing,
secondhand furniture or secondhand goods, wares or merchandise of
any kind, shall be considered as operating a secondhand store.
(b) Licensing required. No person shall engage in the
business of a secondhand store without first obtaining a license as
required by this section.
(c) Application. Any person desiring to operate a
secondhand store shall file an application stating the following
with the City Controller:
(1) Name, address and telephone number of the
applicant.
( 2) Name, address and telephone number of the
secondhand store.
(3) Types of materials to be sold.
Said application shall be referred to the Police Department for
review and recommendation and to the Board of Public Works.
(d) License fee. The applicant for a secondhand store
license shall pay an annual fee of fifty dollars ($50.00) to the
Controller, upon aproval of the Board and Police Department and
issuance of the license.
(e) Records required; contents. Each second hand store
dealer shall keep at his place of business a bound book; with
consecutively numbered pages in which he shall enter or cause to be
entered, in writing- using permanent ink.
1. A description of all second hand goods bought or
received by him.
2. The date and time en-which when it was
received.
3. Any prominent or descriptive marks that may be on
such property.
4. The namel. and-resldenee address and social
security number of the person from whom it was purchased.- or
received.
5. The name, address and social number of the person
purchasing any second hand goods along with a descriptions of the
article(s) purchased by that person.
(f) , Inspection of books and property. Every second hand
store dealer shall, during the hours of ordinary business, give
aeeess-te-his-giaee-ef-business-te-any-member-ef-the-geiiee-feree
and-exhibit-any-gregerty-eentained-er-purchased-by-him- allow any
member of the South Bend Police Department to inspect the licensed
premises and the contents thereof and shall, upon request, exhibit
for inspection the books required to be kept under said subsection
(e) . In addition, every second hand dealer shall present said
books to the Police Chief for inspection and copying each week on a
day designated by the Chief.
(g) Items to be held for fourteen (14) days prior to
resale. All items purchased or received by the second hand store
dealer, with the exception of clothing, shall be held for fourteen
(14) days prior to resale or other disposal by the dealer.
{g}(h) Purchase from minors prohibited. No second hand
store dealer shall receive or purchase any property whatever from a
minor under the age of twenty-ene-+23 + eighteen (18) years.
1.1- ‘ 14 % Avscr nr c!hartiable
(j ) Penalty. Any violation of the provisions of this
section shall be deemed an offense and, upon conviction, the
offender shall be fined not less than one hundred dollars ($100.00)
or more than two thousand five hundred dollars ($2,500.00) . Each
violation shall constitute a separate offense and be punishable as
such.
SECTION IV. This ordinance shall be in full force and effect
on passage by the Common Council, approval by the Mayor and legal
publication.
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_.,-.,...t...t.„..imir A_.........
(ember/of the ommon 0•' ncil
ORD/1
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CITY of SOUTH BEND
I ,S,`° ROGER O. PARENT, Mayor
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% ��c `'� � COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601
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Michael L. Vance 219/284-9742
Director, Administration and
Finance
September 3 , 1987
Mr. Joseph T. Serge
President
South Bend Common Council
4th Floor County-City Bldg.
South Bend, IN 46601
Dear Mr. Serge:
The attached ordinance amending Chapter 4, Article 2 of the
Municipal Code of South Bend is being filed for first reading at the
September 14, 1987 Council meeting.
Chapter 4, Article 2 deals with the requirements pertaining to
the licensing of Precious Metal Dealers and Second Hand Dealers. The
changes proposed in the ordinance include increased identification
and recordkeeping requirements which will enable the City through its
Police Department to better enforce the ordinance and in fact make it
more difficult to resell items that may have been obtained illegally.
The ordinance expands the enforcement authority to include those
operating in violation of their license as well as those operating
without a license. It sets forth a seven day period after a warning
notice has been received to either obtain the license or correct the
violations. As previously stated, recordkeeping as to individual
items is expanded so that identification of those items may occur
more easily.
If you have any questions, please feel free to contact me or
Chief of Detectives, Donald Ruszkowski of the South Bend Police
Department.
Sincerely, \
liblistajd Michael L. Vance
Director, Administration
and Finance
MLV/rds
Enclosure