Legislation # 15-0195 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 6/10/2015
Title Ordinance to amend and reenact Chapter 27, "Pawnbrokers; Junk and Secondhand Dealers" of the Code of the City of Hampton by amending Section 27-6; Section 27-10; and to amend and reenact Chapter 27.1, “Building Fixtures, Scrap Metal Purchasers and Precious Metal Dealers” by amending Article I, Section 27.1-6; Section 27.1-7; Article II, Section 27.1-14; Section 27.1-14; and Article III, Section 27.1-21 to add to the recordkeeping requirements a provision requiring digital images of items acquired and to send such pictures to the chief of police.
 
Legislation History 15-0195
DateNotice Of ActionDescription
6/10/2015 Approved items 1 through 10 on the consent agenda.
6/1/2015 Received By Clerk's Office
 
View Attachments 15-0195
FileTypeSizeDescription
REDLINE - Chap 27 and 271 amendments - final 5815.doc Other 56K Redline - Chapter 27 and Chapter 27.1
 
Legislation Text 15-0195

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 15-0195

 

Enactment Number: 15-0018

 

Ordinance to amend and reenact Chapter 27, "Pawnbrokers; Junk and Secondhand Dealers" of the Code of the City of Hampton by amending Section 27-6; Section 27-10; and to amend and reenact Chapter 27.1, Building Fixtures, Scrap Metal Purchasers and Precious Metal Dealers by amending Article I, Section 27.1-6; Section 27.1-7; Article II, Section 27.1-14; Section 27.1-14; and Article III, Section 27.1-21 to add to the recordkeeping requirements a provision requiring digital images of items acquired and to send such pictures to the chief of police.

 

BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Chapter 27 and Chapter 27.1 of the City Code of the City of Hampton, Virginia be amended to read as follows:

 

Chapter 27 - PAWNBROKERS; JUNK AND SECONDHAND DEALERS

. . . .

 

Sec. 27-6. - Record of purchases.

 

(a) Every pawnbroker or secondhand dealer shall keep at his place of business an accurate and legible record of every transaction where an article is taken in pawn, bought or acquired by such pawnbroker or secondhand dealer in the course of his business. The information shall be recorded at the time of the transaction, on a form approved by the chief of police of Hampton, Virginia or his designee, and shall include:

 

(1) A complete description and statement of ownership of each article taken in pawn, bought or acquired from the person selling or pledging the article and the price paid for such item. The description shall include all names, initials, serial numbers or other identifying marks or monograms on each article.

 

(2) The date, time, and place of receiving the article and the initials of the pawnbroker or secondhand dealer or employee receiving the article.

 

(3) The full name, residence address, telephone number, and driver's license number or other identifying credential, as defined in subsection (c), of the person selling or pledging the article, together with a particular description, including the height, weight, date of birth, race, gender, hair and eye color, and any other identifying marks, of such person.

 

(4) Verification of the identification by the exhibition of an identifying credential, as defined in subsection (c). The record shall contain the type of identification exhibited, the issuing agency, and the number thereon;

 

(5) A digital image of the identifying credential used by the person involved in the transaction;

 

(6) A digital image of the article taken in pawn, bought or acquired from the person selling or pledging the article; and,

 

(7) All other facts and circumstances respecting such transaction.

..

 

Sec. 27-10. - Daily reports.

 

(a) Every pawnbroker or secondhand dealer shall furnish each business day, by 1:00 p.m., to the chief of police of Hampton, Virginia or his designee, a true and correct report of all articles purchased, sold, bartered or exchanged or otherwise coming into his possession, during the preceding business day, except such as is purchased at public auction. The report shall include:

 

(1) The seller's or pledger's full name, residential address, and driver's license number or other identifying credential as defined in section 27-6

 

(2) A digital image of the identifying credential used by the seller or pledger;

 

(3) A digital image of the article sold or pledged; and

 

(4) A description of the article sold or pledged. The description shall describe each article as accurately as possible and shall include any brand name, model number, serial number, initial or name or any other identifying marks found on the article.

 

(b) The report shall be submitted in an electronic format as provided by the chief of police of Hampton, Virginia or his designee.

 

(c) If the purchase, sale or acquisition occurs during a weekend or holiday, then the submittal of the electronic report required in subsection (a) shall be made no later than 1:00 p.m. the next regular business day.

..

 

Chapter 27.1 BUILDING FIXTURES; SCRAP METAL PURCHASERS AND PRECIOUS METAL DEALERS

 

Article I BUILDING FIXTURES

.

 

Sec. 27.1-6. - Recordkeeping requirements.

.

(b) Every dealer shall keep at his place of business an accurate and legible record of every transaction involving a secondhand building fixture that is collected, received, acquired, or purchased by the dealer in the course of his business. The account shall be recorded at the time of the transaction, on a form approved by the chief of police of Hampton, Virginia or his designee, and shall include:

 

(1) A complete and accurate description of the secondhand building fixture that is the subject of the transaction;

 

(2) A digital image of the secondhand building fixture that is collected, received, acquired or purchased by the dealer in the course of his business,

 

(3) All information prescribed in subsection (a) regarding date, time, location and, if available, the full name and date of birth of the person with whom the dealer conducted the transaction;

 

(4) The license plate number of the automobile or other vehicle in which the secondhand building fixture was delivered or received; and

 

(5) The number of the permit issued pursuant to section 27.1-3 in which the transaction involving a secondhand building fixture occurred.

.

 

Sec. 27.1-7. - Daily reports.

 

(a) Every dealer shall furnish each business day, by 1:00 p.m., to the chief of police of Hampton, Virginia or his designee, a true and correct report of every secondhand building fixture purchased, acquired, or received by him during the preceding business day. The report shall include:

 

(1) An accurate description of each secondhand building fixture purchased, acquired, or received by him;

 

(2) A digital image of the secondhand building fixture that is collected, received, acquired or purchased by the dealer in the course of his business,

 

(3) The date, time and location of the secondhand build fixture's acquisition;

 

(4) The number of the dealer's permit issued pursuant to section 27.1-3

 

(5) The license plate number of any automobile or other vehicle in which the secondhand building fixture was collected or received; and

 

(6) If available, the full name and date of birth of the person with whom the dealer conducted the transaction

.

 

Article II SCRAP METAL PURCHASERS

.

 

Sec. 27.1-14. - Record of purchases.

 

(a) Every scrap metal purchaser shall keep at his place of business an accurate and legible record of every transaction where nonferrous scrap, metal articles, or proprietary articles are purchased or acquired by the scrap metal purchaser from any person who is not an authorized scrap seller or the authorized agent and employee of an authorized scrap seller. The account shall be recorded at the time of the transaction, on a form approved by the chief of police of Hampton, Virginia or his designee, and shall include:

 

(1) A complete and accurate description of every article that is the subject of the transaction;

 

(2) A digital image of the article that is the subject of the transaction;

 

(3) The date, and time, and place of receiving the article;

 

(4) The full name, residence address, telephone number, and driver's license number or other identifying credential, as defined in section 27.1-13, of the person selling the article, together with a particular description, including the height, weight, date of birth, race, gender, hair and eye color, and any other identifying marks, of such person;

 

(5) Verification of the identification by the exhibition of an identifying credential, as defined in section 27.1-13. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon;

 

(6) A digital image of the identifying credential used by the person involved in the transaction;

 

(7) The license plate number of the automobile or other vehicle in which the article was delivered;

 

(8) For all propriety articles, a digital image that is of sufficient quality to reasonably identify the subject of the image; and

 

(9) All other facts and circumstances respecting such transaction.

 

.

 

Sec. 27.1-15. - Daily reports.

 

(a) Every scrap metal purchaser shall furnish each business day, by 1:00 p.m., to the chief of police of Hampton, Virginia or his designee, a true and correct report of all nonferrous scrap, metal articles, or proprietary articles purchased or acquired by the scrap metal purchaser from any person who is not an authorized scrap seller or the authorized agent and employee of an authorized scrap seller during the preceding business day. The report shall include:

 

(1) The seller's full name, residential address, and driver's license number or other identifying credential as defined in section 27.1-13;

 

(2) A digital image of the identifying credential used by the seller;

 

(3) A complete and accurate description of the articles purchased;

 

(4) A digital image of the identifying credential used by the seller; and

 

(5) For all propriety articles, a digital image that is of sufficient quality to reasonably identify the subject of the image

.

 

Article III PRECIOUS METAL DEALERS

 

Sec. 27.1-21. - Records to be kept; copy furnished to local authorities.

 

(a) Every dealer shall keep at his place of business an accurate and legible record of each purchase of precious metals or gems. The account shall be recorded at the time of the transaction, on a form approved by the chief of police of Hampton, Virginia or his designee, and shall include:

 

(1) A complete description and statement of ownership of all precious metals or gems purchased from each seller. The description shall include all names, initials, serial numbers, or other identifying marks or monograms on each item purchased, the true weight or carat of any gem, and the price paid for each item;

 

(2) A digital image of each precious metal or gem purchased from a seller;

 

(3) The date, time, and place of receiving the items purchased;

 

(4) The full name, residence address, telephone number, and driver's license number or other identifying credential, as defined in subsection (d), of the person selling or pledging the article, together with a particular description, including height, weight, date of birth, race, gender, hair and eye color, and any other identifying marks, of such person;

 

(5) Verification of the identification by the exhibition of an identifying credential, as defined in subsection (d). The record shall contain the type of identification exhibited, the issuing agency, and the number thereon;

 

(6) A digital image of the form of identification used by the person involved in the transaction; and

 

(7) All other facts and circumstances respecting such transaction.

.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on June 10, 2015.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council