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Home My WebLink AboutCity of Tamarac Ordinance O-1980-098Introduced by: Temp. # 783 9/2/80 9/10/80 777 1 2 3 4 5 9 10 11 12 13 14 15 16 17 1 20 21 22 23 24 25 26 27 28 29 '7 2 33 34 35 36 CITY OF TAMARAC, FLORIDA ORDINANCE NO. Le - AN ORDINANCE PERTAINING TO PERSONS OR FIRMS ENGAGED IN THE BUSINESS OF BUYING, TRADING OR OTHERWISE DEALING FOR PROFIT IN USED'GOODS, WARES AND MERCHANDISE OF ANY DESCRIPTION INCLUDING, WITHOUT LIMITATION, JEWELRY, PRECIOUS METALS, PRECIOUS STONES AND APPLIANCES, BY REQUIRING EVERY PERSON ENGAGED IN SUCH BUSINESSES TO KEEP A COMPLETE AND CLEAR RECORD OF EVERY USED ARTICLE, GOODS, WARES OR MERCHANDISE PURCHASED BY THEM; SETTING FORTH WHAT IS TO BE INCLUDED IN THE RECORD; REQUIRING DUPLICATE RECORDS TO BE KEPT AND "MADE AVAILABLE FOR INSPECTION BY' THE CHIEF OF POLICE OR HIS REP- RESENTATIVE; PROVIDING FOR POSSIBLE REVOCATION OF OCCUPATIONAL LICENSE OR OTHER ADVERSE ACTION UPON REFUSAL TO ALLOW REVIEW BY THE CHIEF OF POLICE OR HIS REPRESENTATIVE OR FOR FRAUDULENT OR WILLFUL AND KNOWING MISREPRESENTATIONS IN REQUIRED REPORTS OR UPON SALE OF SECOND HAND MERCHANDISE TO PERSONS UNDER EIGHTEEN YEARS OF AGE; PROVIDING HEARING PROCEDURES; PROHIBITING THE BUYING OF USED OR SECOND HAND ARTICLES, GOODS, WARES OR MERCHANDISE FROM A PERSON UNDER EIGHTEEN YEARS OF AGE AND THE SALE OF SUCH ARTICLES, GOODS, WARES OR MERCHANDISE TO A PERSON UNDER EIGHTEEN YEARS OF AGE; PROVIDING FOR CODIFICATION; PRO- VIDING REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Every person or firm engaged in the business of buying, trading or otherwise dealing for profit in used goods, wares and merchandise of any description including, without limitation, jewelry , precious metals, precious stones and appliances, shall keep a complete and clear record of every used article, goods, wares or merchandise purchased by him. The record shall specify the name and address of the seller, the date received, the article or thing, and the number, mark or other details as will aid in making identification of such article or thing possible. All individuals and firms required to keep records under the terms of this ordinance shall keep such records in duplicate, and shall, upon demand by the Chief of Police or his representative, furnish the. City with a copy of such records, either at regular intervals or at any other time as determined by the Chief of Police or his representative. The records shall be kept by the person or firm making the records for at least fifteen days after the goods, wares and merchandise is disposed of. SECTION 2: It shall be a violation of this Ordinance for any person or firm to buy any used or second hand article, goods, wares or merchandise from a person under eighteen years of age unless accompanied by a parent or legal guardian, and it shall likewise be a violation of this ordinance for any person under eighteen years of age to offer for sale any such articles. SECTION 3: REVOCATION OF OR OTHER ACTION AGAINST OCCUPATIONAL LICENSE 1. A. In addition to any penalties which may be imposed for the violation of certain provisions of this ordinance, the City may, pursuant to the provisions of this Section, revoke the license of a business or take disciplinary action other than revocation on any ofthe following grounds: t J _,, 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 33 34 35 36 (1) Fraudulent or willful and knowing misrepresentation or false statement made in a record required to be kept pursuant to this ordinance. (2) Failure to comply within a reasonable time with any order or notice to furnish records kept under the terms of this ordinance.s.sued._by the Chief of Police or his representative after the licensee's rights to hearing and appeal have been exhausted. (3) Sale of used or second hand articles, goods, wares or merchandise to persons under eighteen years of age. 2. No occupational license shall be revoked or other disciplinary action taken until a hearing is held by the City Manager. Written notice of the time and place of the hearing shall be served on the holder of the license at least ten (10) working days before the date set for the hearing. The notice shall set forth a summary of the grounds advanced as the basis for the revocation of the license. 3. At the hearing before the City Manager, the holder of the license or his authorized representative, shall be given an opportunity to confront and examine any adverse witness, and to present evidence on his own behalf. Within ten (10) working days after the hearing the City Manager shall either dismiss the charges or shall forward the complaint to the City Council with his recommendation that the license be revoked or other disciplinary action taken. In either event, the City Manager shall cause the holder of the license to be given notice in writing of his decision within ten (10) working days. 4. Any person or company whose license is revoked or has other disciplinary action taken against it pursuant to Section 3 of this ordinance shall have the right, within ten (10) working days after receiving notice in writing of the revocation from the City Manager, of filing a written appeal' with the City Council. Such appeal shall set forth in detail the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within thirty (30) calendar days after its receipt by the City, and shall cause the appellant to be given at least ten (10) working days written notice of such hearing. At the hearing the appellant or his authorized representative shall have the right to present a written or oral argument, or both, in support of his appeal. The determination of the City Council on the appeal shall be final. 2. .r ■ r ■ T;. 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 .r) 2 33 34 35 36 SECTION 4: Specific authority is hereby granted to codify this ordinance. SECTION 5: All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 6: Should any section or provision of this ordinance or any portion hereof or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part declared to be invalid. SECTION 7: This ordinance shall become effective upon its final passage. % PASSED FIRST READING this/�`�,day of ,1980 PASSED SECOND READING this,'f d y of ,1980. I Y0R ATTEST: /J11 I HEREBY CERTIFY that I have approved MAYOR: the form and correctness of this ORDINANCE DISTRICT ✓' DISTRICT �� na. �i-��e� _ _ DISTRICT CITY ATTORNEY DISTRICT 3. RECORD OF COUNCIL -NOTE