§ 82-99. Records required to be kept by crafted precious metals and gems dealers.  


Latest version.
  • (a)

    The provisions of this section apply to all businesses carried on at a single location. A crafted precious metals and gems dealer shall keep at his place of business a record in a real-time electronic web-based database, in a form and method approved by the chief of police, in which he shall enter daily, in English, a full description of each transaction in which personal property is purchased or otherwise received at his place of business. Such description shall include:

    (1)

    The date and time of receipt of any item;

    (2)

    The full name and current address of the person or place of business from which each item was received;

    (3)

    A clear thumbprint impression from the person seeking to transfer, sell or otherwise give the items that are the subject of each transaction;

    (4)

    Evidence that the person transferring, selling or otherwise giving the items is at least 18 years of age by presentation of valid identification, including a photograph of the face of person transferring, selling or otherwise giving the item, in the form of:

    a.

    A current driver's license from Texas or another state within the United States;

    b.

    An identification card issued by the Texas Department of Public Safety; or

    c.

    A current passport;

    (5)

    A description of the motor vehicle and/or trailer or other mode of transportation in or on which each item received was carried, delivered or transported to the crafted precious metals and gems dealer's place of business, including state and license plate number, if applicable;

    (6)

    The individual transaction number assigned by the licensee to each item received;

    (7)

    A description of the items received as part of the transaction including, where customary in the business, the size, weight, material, length, capacity, and any other designations or descriptions customarily employed in the sale and purchase of such items;

    (8)

    A digital photograph of each item received; and

    (9)

    The name, address, phone number, driver's license number, and employee number of the employee who facilitates or conducts the transaction.

    (b)

    The real-time electronic web-based database described in subsection (a) of this section shall be created and maintained by the police department. The precious metals and gems dealer shall forward the required record and descriptions set forth in subsection (a) of this section in an electronic format to the designated police department web site before the close of business on each day on which the crafted precious metals and gems dealer is open for business.

    (c)

    The crafted precious metals and gems entity or dealer, his agents or employees shall obtain a consecutively numbered receipt from the seller or transferor of the property. Such receipt shall be dated on the actual date of the transaction and shall list the items sold or otherwise transferred. A printed version of the record input and transmitted to the real-time electronic web-based database as described in this section shall satisfy this requirement. An accurate copy or record of receipts obtained shall be retained for a period of not less than three years.

    (d)

    A crafted precious metals and gems entity or dealer shall, upon request, submit and exhibit the various business records that are required to be maintained under this section for inspection or copying by any peace officer or authorized inspector of the chief of police. Failure to maintain or to so permit the examination or copying of such records when requested shall be a misdemeanor punishable as provided be section 1-14 of this Code or as otherwise provided by state law.

    (e)

    Each transaction shall be recorded via digital video device, and each recording medium shall be maintained for a period of one year from the date of the latest transaction recorded thereon. A crafted precious metals and gems entity or dealer shall post a notice in each place of business regarding the recording of the transaction via video device pursuant to specifications established by the chief of police. The chief of police shall specify the information to be set out on the notice, the size of the print, the colors, and the location where the notice shall be placed.

    (f)

    The City of Baytown may assist those licensed businesses in obtaining digital video and electronic thumbprint identification equipment or other required identifying equipment as may become available through advancements in technology by providing assistance to scrap dealers for equipment through equipment leases, lease/purchase arrangements, or other similar financial arrangements as the city deems appropriate.

(Ord. No. 10,780, § 4, 12-13-07)