HomeMy WebLinkAbout2014-01-07-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
1/7/2014
2:00 PM
INVOCATION:
Fr. Gerald Ragan, Pastor, St. Mary on the Hill Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Aquinas High School Men's 2013 Varsity Football Team
A. Congratulations! for capturing the state title in the 2013 Class 1-A
(Private) Georgia State High School Association Football Championship
on December 13, 2013 in Atlanta, GA. (Requested by Commissioner
Joe Jackson)
Mr. Matt Zahn, Sports Director/Anchor WJBF-Channel 6 official roll call
of team roster.
Attachments
Employee of Month
B. Ms. Deanna Davis, Design Engineer V, Engineering Division, Augusta
Utilities Department, January Employee Of Month.
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
C. Ms. Brenda Durant, Executive Director, Greater Augusta Arts Council
regarding presentation of the Arts Council's 2013 report.
Attachments
CONSENT AGENDA
(Items 1-4)
ADMINISTRATIVE SERVICES
1. Motion to approve the written report from the Administrator/H.R.
Director regarding the number of department directors, number of
directors living outside Richmond County and the total salary
amount of directors not living in Richmond County. (Approved by
Administrative Services Committee December 9, 2013) (Referred
from December 17 Commission meeting)
Attachments
PUBLIC SAFETY
2. Motion to approve an Ordinance to amend the Augusta, Georgia Code,
Title 6 Chapter 6, Section 6-6-1 through Section 6-6-36, to add a new
section to be designated 6-6-37; to provide for additional definitions; to
clarify Code requirements as to books, DVDs, CDs and other items; to
provide updates; to repeal all Code Sections and Ordinances and parts of
Code Sections and Ordinances in conflict herewith; to provide an
effective date and for other purposes. (Approved by the Commission
December 17, 2013-second reading)
Attachments
FINANCE
3. Motion to approve amendment to existing franchise ordinance with
Comcast. (Approved by the Commission December 17, 2013-second
reading)
Attachments
PETITIONS AND COMMUNICATIONS
4. Motion to approve the minutes of the regular meeting of the Commission
held December 17, 2013 and Special Called Meeting held December 17,
2013.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
1/7/2014
AUGUSTA COMMISSION
REGULAR AGENDA
1/7/2014
(Items 5-8)
Upcoming Meetings
www.augustaga.gov
PUBLIC SERVICES
5. New Ownership Application: A. N. 14- 01: A request by Catherine Jones
for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Ms. Kitty's Bar & Grill located at 3179 Gordon Hwy.
There will be Dance. District 3. Super District 10.
Attachments
ADMINISTRATIVE SERVICES
6. Discuss the Augusta Law Department. (Requested by Commissioner
Marion Williams)
Attachments
FINANCE
7. Motion to authorize the Mayor to begin the process preparing the
SPLOST VII referendum and receive tentative timeline. (Requested by
the Finance Department)
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
8. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
1/7/2014 2:00 PM
Invocation
Department:
Caption:Fr. Gerald Ragan, Pastor, St. Mary on the Hill Catholic Church
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Commission Meeting Agenda
1/7/2014 2:00 PM
Aquinas High School Men's 2013 Varsity Football Team
Department:
Caption:Congratulations! for capturing the state title in the 2013 Class 1-A
(Private) Georgia State High School Association Football
Championship on December 13, 2013 in Atlanta,
GA. (Requested by Commissioner Joe Jackson)
Mr. Matt Zahn, Sports Director/Anchor WJBF-Channel 6
official roll call of team roster.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 2
Commission Meeting Agenda
1/7/2014 2:00 PM
Employee of Month
Department:
Caption:Ms. Deanna Davis, Design Engineer V, Engineering Division,
Augusta Utilities Department, January Employee Of Month.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
Attachment number 1 \nPage 1 of 1
Item # 3
Commission Meeting Agenda
1/7/2014 2:00 PM
Brenda Durant Greater Augusta Arts Council.
Department:
Caption:Ms. Brenda Durant, Executive Director, Greater Augusta Arts
Council regarding presentation of the Arts Council's 2013 report.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 4
Commission Meeting Agenda
1/7/2014 2:00 PM
Alcohol Application
Department:Planning & Development
Caption:New Ownership Application: A. N. 14- 01: A request by
Catherine Jones for an on premise consumption Liquor, Beer &
Wine license to be used in connection with Ms. Kitty's Bar & Grill
located at 3179 Gordon Hwy. There will be Dance. District 3.
Super District 10.
Background:This is a new ownership application. Formerly in the name of Jack
Lee.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4,395.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
Attachment number 1 \nPage 1 of 2
Item # 5
Attachment number 1 \nPage 2 of 2
Item # 5
Commission Meeting Agenda
1/7/2014 2:00 PM
Residency Outside Richmond County
Department:
Caption:Motion to approve the written report from the Administrator/H.R.
Director regarding the number of department directors, number of
directors living outside Richmond County and the total salary
amount of directors not living in Richmond County. (Approved
by Administrative Services Committee December 9, 2013)
(Referred from December 17 Commission meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 6
Commission Meeting Agenda
1/7/2014 2:00 PM
Law Department
Department:
Caption:Discuss the Augusta Law Department. (Requested by
Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 7
Commission Meeting Agenda
1/7/2014 2:00 PM
MOTION TO APPROVE CODE AMENDMENTS TO SECTION 6-6-1 THROUGH SECTION 6-6-36 AND ADD
A NEW SECTION 6-6-37 REGARDING SECOND HAND GOODS AND FOR OTHER PURPOSES
Department:Sheriff
Caption:Motion to approve an Ordinance to amend the Augusta, Georgia Code,
Title 6 Chapter 6, Section 6-6-1 through Section 6-6-36, to add a new
section to be designated 6-6-37; to provide for additional definitions; to
clarify Code requirements as to books, DVDs, CDs and other items; to
provide updates; to repeal all Code Sections and Ordinances and parts of
Code Sections and Ordinances in conflict herewith; to provide an
effective date and for other purposes. (Approved by the Commission
December 17, 2013-second reading)
Background:On May 21, 2013 the Augusta, Georgia Commission approved Ordinance
No. 7409 providing for operating standards for Brokers, Pawnbrokers,
Dealers in Precious Metals or Gems and Itinerant Dealers in Precious
Metals or Gems.
Analysis:The Sheriff’s Office recognizes the need to clarify the requirements of
Ordinance No. 7409 with respect to books, DVDs, CDs and other items
and to add additional definitions and updates to such ordinance; and
Financial Impact:none.
Alternatives:n/a.
Recommendation:Approve.
Funds are Available in
the Following
Accounts:
n/a.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 8
Page 1 of 20
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6 CHAPTER 6,
SECTION 6-6-1 THROUGH SECTION 6-6-36, TO ADD A NEW SECTION TO BE
DESIGNATED 6-6-37; TO PROVIDE FOR ADDITIONAL DEFINITIONS; TO CLARIFY
CODE REQUIREMENTS AS TO BOOKS, DVDs, CDs AND OTHER ITEMS; TO PROVIDE
UPDATES; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF
CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, on May 21, 2013 the Augusta, Georgia Commission approved Ordinance No. 7409
providing for operating standards for Brokers, Pawnbrokers, Dealers in Precious Metals or Gems
and Itinerant Dealers in Precious Metals or Gems; and
WHEREAS, the Sheriff’s Office recognizes the need to clarify the requirements of Ordinance
No. 7409 with respect to books, DVDs, CDs and other items and to add additional definitions
and updates to such ordinance; and
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. Section 6-6-1 through section 6-6-36 of AUGUSTA, GA CODE, Chapter 6, Title 6,
as amended May 21, 2013, is hereby amended by striking these sections in their entirety. New
sections 6-6-1 through 6-6-36 are hereby inserted to replace the repealed sections as set forth in
Exhibit “A” hereto.
SECTION 2. AUGUSTA, GA CODE, Chapter 6, Title 6, as amended May 21, 2013, is hereby
further amended to add new section to be designated section 6-6-37 as set forth in “Exhibit B”
hereto.
SECTION 3. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 4. All ordinances, parts of ordinances, policies, and procedures in conflict herewith
are hereby repealed.
Adopted this _____ day of__________, 2013.
__________________________
David S. Copenhaver
Attest: As its Mayor
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1 \nPage 1 of 20
Item # 8
Page 2 of 20
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2013 and that such Ordinance has not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading ______________________
Second Reading ______________________
Attachment number 1 \nPage 2 of 20
Item # 8
Page 3 of 20
Exhibit “A”
Replace existing with:
Chapter 6
SECONDHAND GOODS
ARTICLE 1. BROKERS, PAWNBROKERS, BOOK DEALERS, DEALERS IN PRECIOUS
METALS OR GEMS, AND ITINERANT DEALERS IN PRECIOUS METALS
OR GEMS.
Sec. 6-6-1. Definitions.
As used in this chapter, the following terms have the following meanings:
(a) "Book" means a literary or scientific work comprised of a number of sheets of paper,
parchment or other material with writing or printing on them, fastened together along at least one
edge, usually between protective covers. For purposes of this chapter "book" shall include all
magazines, journals, trade publications and posters containing words, pictures, diagrams, etc.
Electronic reading devices, such as tablets, laptops, netbooks and e-book readers are not
considered books for purposes of this chapter.
(b) "Book Dealer" means a Broker engaged in the business of buying or selling books as defined
in this chapter and having book sales comprise at least 60% of the gross receipts of the Broker’s
business.
(c) "Broker" means any person or business engaged, in whole or in part, in the business of
buying or selling tangible personal property, goods or merchandise of any description from
persons or sources other than manufacturers or business tax certified dealers. “Flea market
vendors” as defined by this chapter are not “brokers.”
(d) "Dealer in precious metals or gems" means any person engaged at a permanent location in
Richmond County in the business of purchasing precious metals or gems or goods made from
precious metals or gems from persons or sources other than manufacturers, manufacturers'
representatives, or other dealers in precious metals or gems; or any person engaged in any other
business if, in conjunction with such business, precious metals or gems or goods made from
precious metals or gems are purchased from persons or sources other than manufacturers,
manufacturers' representatives, or other dealers in precious metals or gems where such purchase
is for resale in its original form or as changed by remounting, melting, re-forming, remolding, or
recasting or for resale as scrap or in bulk.
(e) "Electronic Reporting System" means a computer based system, as specified by the Sheriff,
which is designed to record and transmit data and information electronically.
Attachment number 1 \nPage 3 of 20
Item # 8
Page 4 of 20
(f) "Fingerprint requirement" means each person selling any property subject to regulation by
this chapter, shall submit to having the fingerprint of the right hand thumb, unless such thumb is
missing, in which event the print of the next finger in existence on the right hand shall be
obtained with a notation as to the exact finger printed. The fingerprint shall be imprinted onto the
transaction form in the designated area along with the signature of the person selling the
property. The fingerprint must be clear and legible. In the event that more than one transaction
form is required, a fingerprint and signature will be obtained for each form. Fingerprints and the
information required herein shall be obtained each time such person pledges, trades, pawns,
exchanges, or sells any property regulated by this chapter. The fingerprint shall be taken with a
digital reader and uploaded to an electronic reporting system required by the Sheriff. Fingerprint
reader model is specified by the Sheriff's Office.
(g) "Flea market vendor" means a person that sells products or goods only at indoor or outdoor
flea markets or yards sales and is not a pawnbroker, book dealer, or a dealer in precious metals or
gems or an itinerant dealer in precious metals or gems.
(h) "Gems" means any precious or semiprecious stone which is cut and polished.
(i) "Itinerant Dealer in Precious Metals or Gems" means a person who, due to the temporary
manner in which the business is operated, is considered a 'transient vendor' and is required to
have an occupation tax certificate to operate a business in Augusta, Georgia as required in 6-5-3,
and who enters Augusta, Georgia on a temporary, itinerant basis for a period of time not more
than 15 days and advertises by any form of media communication to the public that it will buy,
sell or otherwise trade in and receive precious metals or gems at a nonpermanent location within
Augusta, Georgia.
(j) "Nonpermanent location" means any location designated to be used to conduct a business
engaged in dealing in precious metals or gems by an itinerant merchant, in any temporary place,
including but not limited to hotels or motels, any movable vehicle, or other temporary or
movable structure to be used to conduct such business for a limited or specific time.
(k) "Numismatic coins" means coins whose value as collectors' items exceeds the value of the
content of the precious metals in the coins.
(l) "Pawnbroker" means any person engaged in whole or in part in the business of lending
money on the security of pledged goods, or in the business of purchasing tangible personal
property on the condition that it may be redeemed or repurchased by the seller for a fixed price
within a fixed period of time, or in the business of purchasing tangible personal property from
persons or sources other than manufacturers or licensed dealers as a part of or in conjunction
with the business activities described in this section.
(m) "Pawn or pledge" means a bailment of personal property as security for any debt or
engagement, redeemable upon certain terms and with the power of sale on default.
Attachment number 1 \nPage 4 of 20
Item # 8
Page 5 of 20
(n) "Pawnshop" means any business wherein a substantial part thereof is to take or receive, by
way of pledge, pawn, consignment or exchange, any goods, wares, merchandise, or any kind of
personal property whatever, as security for the repayment of money lent thereon.
(o) "Pawnshop transaction" means to take or receive any article of property regulated by this
chapter from any customer, by pawning, pledging, trading, exchanging, purchasing, or other
means. Transactions involving the buying and selling of books (as defined by this chapter),
Digital Video Disks (DVDs), Compact Disks (CD’s), Cassette Tapes, and Audio Records are not
pawnshop transactions. Video Games, regardless of their format (DVD, CD, Cartridge, USB) are
pawnshop transactions.
(p) "Person" means an individual, partnership, corporation, joint venture, trust, association or
any other legal entity however organized.
(q) "Precious metals" means gold, silver, or platinum or any alloy containing gold, silver, or
platinum.
(r) "Proper identification" means anyone of the following:
(1) A Georgia driver's license which was properly issued by the appropriate state agency;
(2) A valid Georgia voter identification card or other valid identification card issued by a
branch, department, agency, or entity of the State of Georgia, any other state, or the
United States authorized by law to issue personal identification, provided that such
identification card contains a photograph of the customer;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the customer and
issued by any branch, department, agency, or entity of the United States government, this
state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid United States military identification card, provided that such identification
card contains a photograph of the customer; or
(6) A valid tribal identification card containing a photograph of the customer.
(s) "Third party administrator" means any individual, business or corporation designated by the
Sheriff to administer the reporting requirements of this ordinance.
Sec. 6-6-2. Responsibility for Enforcement.
The Richmond County Sheriff’s Office shall have the responsibility for the enforcement of this
chapter. The Sheriff, or his representative, shall have the authority to inspect establishments
licensed under this chapter during the hours in which the premises are open for business. These
inspections shall be made for the purpose of verifying compliance with the requirements of this
Attachment number 1 \nPage 5 of 20
Item # 8
Page 6 of 20
chapter and state law. This section is not intended to limit the authority of any other Augusta,
Georgia officer or employee to conduct inspections authorized by other provisions of the
Augusta, GA Code.
Sec. 6-6-3. Business tax certificate required.
Any person, firm or corporation who does business in Richmond County as a Broker,
Pawnbroker, Book dealer, Dealer in Precious Metals or Gems, or Itinerant Dealers in Precious
Metals or Gems shall, before engaging in such business, obtain a business tax certificate in
accordance with Title 2, Chapter I of the Augusta Richmond County Code.
Sec. 6-6-4. Requirements of this Chapter in addition to requirements of Title 2, Chapter 1.
The provisions of this Chapter are intended to augment and be in addition to the provisions of
Title 2, Chapter 1 (Business Tax Certificate). Where this chapter imposes a greater restriction
upon persons, premises, businesses or practices than is imposed by Title 2, Chapter 1, this
chapter shall control.
Sec. 6-6-5. Compliance with State Law; exemption for used motor vehicle dealers and scrap
metal processors.
(a) Nothing in this Chapter shall relieve Brokers, Pawnbrokers, Book Dealers and other dealers
from the necessity of complying with state and federal law.
(b) Used motor vehicle dealers, dismantlers and salvage dealers (as defined by O.C.G.A. section
43-47-2) and scrap metal processors (as defined by O.C.G.A. section 43-43-1) are exempt from
the requirements of this chapter.
Sec. 6-6-6. Application: Broker, Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems,
Itinerant Dealers in Precious Metals or Gems.
The application for said business shall be signed and dated by the applicant and contain answers
to the following questions:
(a) What is the kind of business to be operated?
(b) What is the name of the business?
(c) What is the location where such business is proposed to be carried on and the telephone
number of said location?
(d) What is the name of the applicant for the business tax certificate, and the home address and
telephone number of said applicant?
(e) Where has applicant resided for the six (6) months preceding the date of this application?
Attachment number 1 \nPage 6 of 20
Item # 8
Page 7 of 20
(f) What was the applicant's previous home address, and how long was applicant a resident
there?
(g) What is the Social Security number of said applicant?
(h) What are the names and addresses of all persons having an interest in said business?
(i) What interests do such persons have?
(j) Who is the landlord or owner of said location, and what is the address and telephone number
of said landlord or owner?
(k) Has the applicant or any person connected with or having an interest in said business:
(l) Been charged or convicted of any violation of law (other than minor traffic violations)
in any locality?
(2) Served time in prison, or other correctional institution?
If the answer to section (1) of the above question is 'yes', state circumstances in detail.
Information must be complete as to dates, charges, court of jurisdiction, and disposition for each
person. If the answer to section (2) of the above question is 'yes', state circumstances in detail.
Information must be complete as to charge on which convicted, name of prison or correctional
institution, length of time served, date of release from prison or correctional institution, or
whether on probate or parole, and the terms thereof.
(l) Give the name, home address and telephone number and place of employment of two (2)
persons who are residents of this county, who are familiar with your character and reputation.
All of the foregoing information is hereby given and all of the foregoing statements are hereby
made on oath, willfully, knowingly, and absolutely, and the same is and are hereby sworn to be
true under penalty for false swearing, as provided by law.
Applicant's Signature
Sworn to and subscribed before me, this ______day of 20____.
Notary Public
Sec. 6-6-7. Regulatory fee.
Any person, firm or corporation who does business in Augusta, Georgia as a Broker,
Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems, Itinerant Dealers in Precious
Metals or Gems shall, before engaging in such business, pay such regulatory fee as is provided in
section 2-1-3(c) of the Augusta, Georgia Code.
Sec. 6-6-8. Right of suspension by Planning and Development Department: Revocation.
Attachment number 1 \nPage 7 of 20
Item # 8
Page 8 of 20
The Planning and Development Department shall have the right to immediately suspend, for
cause, any business tax certificate issued under this chapter whenever a person, firm or
corporation doing business shall deviate from the normal operation for which the business tax
certificate was obtained or fails in performance to meet the required regulations and code as set
forth by the Planning and Development Department, Sheriff’s office or Health department; or
violates any law or ordinance of the United States, or the state or Augusta, Georgia, in pursuance
of such business conducted under such business tax certificate; or when it shall be proven before
the Planning and Development Department that there is a violation of a nuisance law; or when
the health, morals, interests and convenience of the public demand the suspension of such
business tax certificate. The Planning and Development Department shall report the suspension
of such business tax certificate to the next regular or called meeting of the Commission, and shall
provide the licensee with at least three (3) days' notice of said meeting, at which meeting the
licensee may make such showing as he/she may deem proper. After a hearing, Commission shall
either continue the suspension, place the license on probation, permanently revoke the license, or
restore the license such that it remains in full force. A license granted hereunder shall also be
subject to revocation for cause, either with or without a prior suspension of the license.
Whenever, in the opinion of the Planning and Development Department, there is cause to revoke
the license, a written notice of intention to revoke it shall be furnished the holder thereof three
(3) days before a regular or called meeting of the Commission at which time the holder of the
license may make such showing as he/she may deem proper. After a hearing, the Commission
may revoke the license if, in its discretion, it is in the best interest, peace and good order of
Augusta, Georgia, or there has been any violation of the ordinances and code of Augusta,
Georgia, or the laws of the State of Georgia or the United States in the conduct of the place of
business.
Sec. 6-6-9. Conduct of business.
The following rules and regulations are hereby established, and shall govern the conduct and
operation of every place of business regulated by this chapter, and every person owning and
operating such place of business.
Sec. 6-6-10. Daily Electronic Reporting.
(a) All businesses regulated by this chapter shall make correct and truthful entries of information
as required by the applicable Section as soon after the transaction as possible and in no event
more than one hour after the applicable time set for closing of the business. The daily electronic
reporting shall be by an electronic reporting system required by the Sheriff. Every Broker,
Pawnshop and Book Dealer shall enter each transaction as it occurs into the electronic reporting
system via the internet to the administrator of the electronic reporting system. The administrator
of the electronic reporting system will electronically transmit all transactions to the Sheriff’s
Office.
(b) In the event that the electronic reporting system becomes temporarily or permanently
disabled, businesses will be notified as soon as possible by the Sheriff's Office. In this event, the
businesses will be required to make records of transactions in paper form as prescribed by the
Sheriff's Office. Such paper forms must include all information required under the applicable
Attachment number 1 \nPage 8 of 20
Item # 8
Page 9 of 20
Section related to the business. Businesses shall be responsible for maintaining an adequate
inventory of these forms.
(c) The Sheriff shall select and provide the required electronic reporting system software, and
designate the required fingerprint reader model to be purchased by the business.
Sec. 6-6-11. Recordkeeping Requirements. Brokers, Pawnbrokers and Book Dealers.
Except as otherwise provided in section 6-6-13, all Brokers, Pawnbrokers and Book Dealers
shall maintain records documenting all pawnshop transactions as follows:
(a) At the time of the actual transaction, Brokers, Pawnbrokers and Book Dealers shall complete
the transaction form designated by the Sheriff. The business owner shall maintain a copy of the
completed transaction form on the licensed premises for at least one (1) year after the date of the
transaction. However, the business owner shall maintain a copy of the transaction form either on
premise or off premise at a location within Richmond County approved by the Sheriff for not
less than four (4) years. Such records may be kept electronically as long as a copy of the
electronic records can be provided to the Sheriff or other law enforcement agency upon demand.
(b) The record required above shall contain:
(1) The time, date, and place of the transaction.
(2) A complete and accurate description of the goods acquired, including the following
information, if applicable:
a. Brand name (and if applicable, stock keeping unit (SKU)).
b. Model number
c. Manufacturer's serial number.
d. Size.
e. Color, as apparent to the untrained eye.
f. Precious metal type, weight, and content if known, as well as a digital
photograph.
g. Gemstone description, including the number of stones, if applicable, as well as
a digital photograph.
h. In the case of firearms, the type of action, caliber or gauge, number of barrels,
barrel length, and finish.
i. Any other unique identifying marks, numbers, or letters.
Attachment number 1 \nPage 9 of 20
Item # 8
Page 10 of 20
j. The price paid for the goods purchased.
k. A digital photograph of the items purchased.
(3) The Broker, Pawnbroker and Book Dealer shall require verification of identification
of the person from whom the goods are acquired by accepting only proper identification
as defined herein, as well as a description of the person including:
a. Full name, current residential address, workplace, and home and work phone
numbers.
b. Height, weight, date of birth, race, gender, hair color, eye color, and any other
identifying marks.
c. A Photo copy of the seller's proper identification.
d. A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting
system required by the Sheriff.
(4) The record shall contain the type of identification exhibited, the issuing agency, and
the number thereon.
(5) The seller shall sign a statement verifying that the seller is the rightful owner of the
goods or is entitled to sell, consign, or trade the goods.
(6) Any other information required by the format designated by the Sheriff.
Sec. 6-6-12. Daily accurate report; false statements.
(a) Every Broker, Pawnbroker and Book Dealer (or his employees or agents) shall make correct
and truthful entries of the above-required information in the daily electronic reporting required in
Section 6-6-10.
(b) It shall be unlawful for a person engaged in the business of Broker, Pawnbroker or Book
Dealer to make any false entry in any report. Any person making any willfully false or
misleading statements in the report shall be punished as provided in section 6-6-22.
Sec. 6-6-13. Exceptions from certain record keeping requirements.
(a) Transactions involving the sale of books (as defined by this chapter), DVDs, CD’s, Cassette
Tapes and Audio Records, are not subject to the record keeping requirements of this chapter.
(b) Brokers, Pawnbrokers and Book Dealers may be excluded from the record keeping
requirements of section 6-6-11(b)(2)(k)(digital photograph) and section 6-6-
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11(b)(3)(d)(fingerprint) for pawnshop transactions involving Video Games, provided such
person or business meets all of the following requirements:
(1) must make high quality video and audio recordings of every Video Game pawnshop
transaction; and
(2) must preserve such recordings for a minimum of 60 days following each transaction;
and must make such video recordings available to the Sheriff’s Office upon request without the
requirement of a warrant.
Sec. 6-6-14. Minors.
It is unlawful for any broker, pawnbroker, or agent or employee thereof to receive any article in
pawn or purchase any article for resale from any person under 17 years of age.
Sec. 6-6-15. Pawnbrokers; bond required.
In addition to the business tax certificate required by section 6-6-3 herein, it shall be unlawful for
any person to engage in the business of pawn broking within Richmond County without giving
bond, with two (2) good and approved securities, in the sum of five thousand dollars ($5,000.00),
conditioned to make good all damages sustained by the carelessness, neglect or unfair dealing of
such licensee.
Sec. 6-6-16. Premises open to Sheriff.
Every Broker, Pawnbroker and Book Dealer shall admit to his premises any Sheriff’s deputy,
who in the performance of official lawful duties may desire at any time to search for articles
missing or stolen, or to make any inspection authorized by this article, without the formality of a
search warrant.
Sec. 6-6-17. Inspection of pledges and purchases and records.
All articles pledged or sold to Brokers, Pawnbrokers and Book Dealers shall, at all times, be
subject to inspection and examination by the Sheriff. All records required to be kept by this
chapter or by policies of the Sheriff's Office shall be subject to inspection and examination by
the Sheriff.
Sec. 6-6-18. Goods held for 30 days; law enforcement holds.
(a) Any pawnbroker or person operating under a pawnbroker's license who takes goods on pawn
or buys goods, taking full title thereto, the word "goods" being used in the broadest sense and
including all kinds of personal property, shall hold the goods so taken in pawn or purchase for at
least 30 days before disposing of the goods by sale, transfer, shipment or otherwise. This
holding requirement shall not be applicable to books, DVDs, CDs, Cassette Tapes, Audio
Records and Video Games.
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(b) The Richmond County Sheriff’s Office has the authority to place property that is the subject
of law enforcement investigation on "law enforcement hold." In that event, the Richmond
County Sheriff’s Office shall notify the pawnbroker of the need for a police hold and identify all
property subject to the police hold. Upon notification, it shall be the responsibility of the
pawnbroker to maintain the subject property until such time as the property is released from law
enforcement hold status or the property is confiscated as evidence.
Sec. 6-6-19. Pawnbrokers; amount of loan.
Upon all articles pawned the pawnbroker may advance such sum and for such time as may be
agreed on with the pawner.
Sec. 6-6-20. Sale of unredeemed articles; pawner's right of redemption.
Upon the failure of the pawner to redeem the articles pledged at the time agreed on, the
pawnbroker may, after the expiration of 30 days, sell such articles.
Sec. 6-6-21. Pawn tickets.
It shall be unlawful for any pawnbroker to fail to deliver to the pawner, at the time of the
pawning, a certificate or ticket, numbered to correspond with the number and description in the
record he is required by this chapter to keep.
Sec. 6-6-22. Sign.
It shall be unlawful for any pawnbroker to fail to affix the usual pawnbroker's sign, a three-ball
pendant, to his place of business, within five (5) days after receiving his pawnbroker's business
tax certificate.
Sec. 6-6-23. Money lenders, except banks and like institutions, as pawnbrokers.
Any person, except banks and other institutions of like character regulated and licensed solely by
the state, lending money on or purchasing personal property from individuals, shall be classed as
pawnbrokers and shall pay the fee required of pawnbrokers, and shall make daily reports to the
Sheriff’s Office of such loans or purchases, and shall in all other respects be subject to and
governed by the provisions of this chapter regulating the business of a pawnbroker.
Sec. 6-6-24. Penalties.
(a) Any person running a business as a Broker, Pawnbroker, or Book Dealer or any employee or
agent thereof, shall be punished as provided by Section 1-6-1, and, in addition, by the revocation
of the regulatory permit of the pawnbroker violating the provisions of any law or ordinance
pertaining to pawnbrokers.
(b) Any person running a business dealing in precious metals or gems, or any employee or agent
thereof, violating any of the provisions of this chapter shall be punished as provided by Section
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1-6-1, and, in addition, by the revocation of the regulatory permit of the dealer in precious metals
or gems violating the provisions of any law or ordinance pertaining to dealers in precious metals
or gems.
(c) Any person running a business as an itinerant merchant dealing in precious metals or gems,
or any employee or agent thereof, violating any of the provisions of this chapter shall be
punished as provided by Section 1-6-1, and, in addition, by the revocation of the regulatory
permit of the itinerant merchant dealing in precious metals or gems violating the provisions of
any law or ordinance pertaining to dealers in precious metals or gems.
Sec. 6-6-25. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as Dealers in Precious Metals or Gems shall, before engaging in such
business, obtain a business tax certificate in accordance with §6-6-3 and §6-6-4 of the Augusta,
GA Code.
Sec. 6-6-26. Dealers in Precious Metals or Gems; Registration and Regulatory Permit Required.
(a) No person shall engage in business as a dealer in precious metals or gems until he has
registered as a dealer in precious metals or gems for each separate place of business with the
Richmond County Sheriff’s Office and has applied for a regulatory permit to operate said
business in Richmond County. The registration and permit application shall be in writing and
shall be sworn to or affirmed by the dealer in precious metals or gems on a form as prescribed by
the Sheriff’s Office.
(b) The registration and permit application shall contain the full name, business address, home
address and date of birth of the dealer together with the full names, home addresses, and dates of
birth of all other persons having an ownership interest or actually employed in the business other
than publicly held corporations. In the case of a corporation, this list shall include full names,
dates of birth and titles of corporate officers and owners often or more percent of the common or
preferred stock.
(c) No person shall be eligible for a regulatory permit or to register as a dealer in precious metals
or gems if any owner, manager, employee or stockholder, other than stockholders owning less
than ten (10) percent of the outstanding shares of a publicly held corporation, has been convicted
of a felony under the laws of this state or any other state or the United States. This subsection
shall not apply to any person who has been convicted of a felony after ten years have expired
from the date of completion of the felony sentence. Prior to the issuance of an occupation tax
certificate and the regulatory permit, a background investigation shall be required for the
stockholders, owner(s), manager(s), and employee(s). If the eligibility requirements are met, then
the occupation tax certificate and the regulatory permit shall be issued, and the registration
allowed.
(d) Such occupation tax certificate and regulatory permit shall be for the calendar year and must
be renewed prior to the expiration date. All independent contractors must have the certificates
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and permits required by this chapter. In addition, each applicant shall pay an initial registration
fee to the Richmond County Sheriff’s Office of $25.00 to cover the cost of registering such
persons. The registration shall be renewed annually upon presentation of a current tax certificate
and regulatory permit by the dealer.
(e) It shall be the responsibility of the Planning and Development Department to issue and
receive payment for the occupation tax certificate.
(f) It shall be the responsibility of the Sheriff or designee to issue and receive payment for the
regulatory permit. The cost of the regulatory permit shall be $25.00 for each individual listed on
the application and shall be used to cover the cost of the criminal history(s) and background
investigation of the applicant(s) investigation in addition to any fees charged by the State. The
Director of Planning and Development or his designated representative shall submit the
application after filing to the Sheriff’s Office. Each applicant authorizes the Sheriff’s Office and
its agents to secure from any court, law enforcement agency, or other public agency his criminal
history and the criminal history of all individuals required to be listed on the application,
including but not limited to sole proprietor, partners, members, corporate officers, stockholders,
and managers, and authorizes Augusta, Georgia to use such information in determining whether
the license applied for shall be issued. Each applicant waives any right that he would otherwise
have to preclude Augusta, Georgia or its agents from obtaining and using such information and
each applicant further waives any liability of Augusta, Georgia or its agents for obtaining and
using such information, and agrees to indemnify and hold Augusta, Georgia harmless against the
claims of any person listed by the applicant on the application and by doing so has authorized
Augusta, Georgia to investigate. The Sheriff’s Office shall make an arrest and conviction
investigation concerning any applicants hereunder and all individuals required to be listed on the
application, including but not limited to sole proprietor, partners, LLC members, corporate
officers, corporate stockholders, and managers. The Sheriff’s Office shall submit the results of
the investigation to the Director of Planning and Development or his designated representative
within 30 days of submission.
(g) All applications shall contain the address of the premises upon which the business is
conducted and the zoning classification of the premises.
(h) Each dealer shall be required to notify the Richmond County Sheriff’s Office in writing
within seven (7) calendar days of any change of address of the dealer or business or any change
of ownership in the business. A copy of the change of address or ownership in the business shall
be transmitted to the sheriff of the county within seven days of the notification.
Sec. 6-6-27. Recordkeeping Requirements.
(a) Every dealer in precious metals or gems shall maintain a record, in permanent form, in which
shall be entered at the time of each purchase of precious metals or gems or goods made from
precious metals or gems the following:
(1) The date and time of the purchase;
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(2) The name of the person making the purchase from the seller;
(3) The name, age, and address of the seller of the items purchased and the distinctive
number from such seller's driver's license or other proper identification as defined herein,
containing a photo of the seller;
(4) A photocopy of the seller's proper identification.
(5) A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting system
required by the Sheriff.
(6) A clear and accurate identification and description of the purchased goods, including
the serial, model, or other number, and all identifying marks inscribed thereon as well as
a digital photograph. If a criminal investigation occurs, the dealer in precious metals and
gems shall, upon request, provide a clear and legible copy of the image to the appropriate
law enforcement agency.
(7) The price paid for the goods purchased;
(8) The number of the check issued for the purchase price, if payment is made by check;
and
(9) The signature of the seller.
(b) The permanent record required by this Code section shall be in legible English. Entries shall
appear in chronological order. No blank lines may be left between entries. No obliterations,
alterations, or erasures may be made. Corrections shall be made by striking through the entry
without destroying its legibility. The record shall be maintained for each purchase of precious
metals or gems or goods made from precious metals or gems for at least one year on-site or for at
least two years off-site at a location within Richmond County approved by the Sheriff. Such
records may be kept electronically as long as a copy of the electronic records can be provided to
the Richmond County Sheriff’s Office or other law enforcement agency upon demand. The
record shall be open to the inspection of any duly authorized law enforcement officer during the
ordinary hours of business or at any reasonable time.
(c) Dealers exclusively engaged in buying or exchanging for merchandise scrap dental gold and
silver from licensed dentists by registered or certified mail or statutory overnight delivery may
record the post office record of the mailed parcel in lieu of the seller's age and proper
identification as required in paragraph (3) of subsection (a) of this Code section and in lieu of the
seller's signature as required in paragraph (7) of subsection (a) of this Code section.
Sec. 6-6-28. Daily electronic reporting required.
(a) Every dealer in precious metals or gems shall comply with the requirements for daily
electronic reporting as set forth in Section 6-6-10. The daily electronic reports shall contain the
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information required in Section 6-6-27(a) (1)-(9) in a form approved or prescribed by the Sheriff
of all precious metals or gems or goods made from precious metals or gems purchased on the
day of the report.
(b) All reports shall be maintained in a secure location under the direct supervision of the
appropriate Sheriff’s Officer. All reports shall be available for inspection only for law
enforcement purposes as provided in O.C.G.A. Section 43-37-4(b) and (c) Any Sheriff’s Officer
may, in his discretion, authorize any person who demonstrates theft of precious metals or gems
by the presenting of an incident report or other similar document to inspect the reports at the
Sheriff’s Office in an effort to locate stolen property.
Sec. 6-6-29. Unlawful activities.
(a) It shall be unlawful for any dealer in precious metals or gems or any agent or employee of a
dealer in precious metals or gems who makes purchases of precious metals or gems or of goods
made from precious metals or gems to:
(1) Make any false statement in the permit application and registration provided for in
Section 6-6-26;
(2) fail to maintain and make entries in the permanent record as required by Section 6-6-
27;
(3) make any false entry in such permanent record;
(4) Falsify, obliterate, destroy, or remove from the place of business such permanent
record;
(5) Refuse to allow any duly authorized law enforcement officer to inspect such
permanent record, or any precious metals or gems or goods made from precious metals or
gems in his possession, during the ordinary hours of business or at any reasonable time;
(6) Sell, exchange, or remove from the legal possession of the buyer, or to alter the form
of, any precious metals or gems or goods made from precious metals or gems purchased
by remounting, melting, cutting up, or otherwise altering the original form until at least
10 calendar days have elapsed from the time of purchase or acquisition;
(7) Fail to make the report as required in this Chapter; or
(8) Purchase any precious metals or gems from any person under 17 years of age.
(b) It shall be unlawful for any person to advertise or transact business as a dealer in precious
metals or gems without first registering and obtaining the regulatory permit pursuant to the
requirements of this Chapter.
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(c) It shall be unlawful for any dealer in precious metals or gems to purchase precious metals in a
melted or smelted state unless the purchase is from a registered dealer in precious metals or
gems.
(d) If any Sheriff's officer has probable cause to believe that precious metals or gems have been
stolen, he may give notice in writing to the dealer to retain the precious metals or gems for an
additional 15 days; and it shall be unlawful for the dealer to dispose of the property unless the
notice is revoked in writing within the 15 day period.
Sec. 6-6-30. Applicability of Chapter.
(a) This Chapter shall not apply to any precious metals or gems containing precious metals or
gems obtained from industrial producers, manufacturers, licensed dealers, or distributors.
(b) This Chapter shall not apply to dealers exclusively engaged in the sale or exchange of
numismatic coins or to transactions exclusively involving numismatic coins or other coinage.
Sec. 6-6-31. Itinerant Dealers in Precious Metals or Gems. Applicability.
This section shall be applicable to all itinerant dealers of precious metals or gems, whether their
sales, trades and purchases are at retail or wholesale or by any form of pawn. Specifically
excluded are wholesalers, buyers and sellers who sell, trade and deal only with mercantile
establishments or purchase precious metals or gems from manufacturers, manufacturer's
representatives, or other dealers in precious metals or gems.
Sec. 6-6-32. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as an Itinerant Dealers in Precious Metals or Gems shall, before engaging in
such business, obtain a business tax certificate in accordance with section 6-6-3 and section 6-6-
4 of the Augusta, GA Code.
(b) Permit required. It shall be unlawful for any person to engage in activities as an itinerant
dealer in precious metals or gems in Richmond County without having obtained a valid permit
for each separate location and for each person engaging in said activities. Prior to advertising any
buying, selling, trading or otherwise dealing in precious metals or gems, an itinerant dealer shall,
at least three (3) business days prior to the initial advertising, file with the Sheriff’s Office an
application for a regulatory permit to conduct the business of itinerant dealer in precious metals
or gems in Richmond County.
(c) Such application shall include the following:
(1) Full name of the person, group or association, and its address;
(2) The name of the person who will be conducting business in Richmond County and his
home address, including proper identification as defined;
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(3) The length of the stay in Richmond County, including the dates of opening and
closing, at each fixed location not to exceed 15 days;
(4) The fingerprints of the person or persons who will be conducting such business in
Richmond County; and
(5) Where the business will be conducted, and during what hours; except that no itinerant
dealers in precious metals or gems shall operate at any location in Richmond County
between the hours of 6:00 p.m. and 8:00 a.m. Monday through Saturday or during any
hours on Sunday.
(d) No person who has been convicted of a felony under the laws of this state or any other state
of the United States shall be eligible to receive a regulatory permit to conduct business as an
itinerant merchant of precious metals or gems within Richmond County. This paragraph shall not
apply to any person who has been convicted of a felony after ten years have expired from the
date of completion of the felony sentence. Prior to the issuance of the regulatory permit, a
background investigation shall be required for each person who will be conducting business in
Richmond County. If the eligibility requirements are met, then the regulatory permit shall be
issued for each person meeting the requirements. The provisions of Section 6-6-24 shall apply to
the background investigation required herein.
(e) Each regulatory permit issued pursuant to this section shall be nontransferable and valid for
period of time listed by the applicant in response to paragraph (c) (3) above, not to exceed 15
days.
(f) Every itinerant dealer shall admit to the premises where business is being conducted any
Sheriff's officer, who in the performance of official lawful duties as prescribed by the Sheriff,
may desire at any time to search for articles missing or stolen, or to make any inspection of
records authorized by this chapter, without the formality of a search warrant.
Sec. 6-6-33. Records. All itinerant dealers, both salesmen and buyers, of precious metals or gems
shall keep records wherein shall be entered an accurate description of all property pledged,
traded or sold by them. Such description shall include to the extent possible the name or the
make of the article, any identifying mark or number, and a statement of the kind of material of
which it is made. In such records there shall be entered also the full name and address of the
person by whom same was deposited or sold, and the time when the same was done, and the
name, address, date of birth and drivers' license number of seller; and a photocopy of the proper
identification. In the event the seller does not have a drivers' license, other proper identification
as defined shall be required and photocopied. All purchased items shall be digitally
photographed. These entries shall be made as soon after the transaction as is possible but in no
event more than one hour after the time given for daily close of business in section 6-6-32(c)(5)
above. Such records may be kept electronically as long as a copy of the electronic records can be
provided to the Richmond County Sheriff or other law enforcement agency upon demand.
Sec. 6-6-34. Daily Accurate Report to Sheriff’s Office.
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Every traveling and itinerant dealer shall make a report to the Sheriff's Office, as required in
Section 6-6-10 (Daily Electronic Reporting). The report shall be in such form as may be
prescribed by the Sheriff, of all property pledged, traded, bought or sold during the period of
operation in Richmond County, and shall show the name and address of any person who bought,
sold, traded or otherwise disposed of or received any item; the date and time of the transaction;
the amount paid or advanced, or the item traded; the full description of articles, including kind,
style, material, color, design, kind and number of stones in jewelry; and all identifying names,
ranks, and numbers; and a description of persons trading, buying, selling or pawning, including
the name, address, race, weight, height, photocopy of proper ID and digital thumbprint of said
person. (See fingerprint requirement).
Sec. 6-6-35. Surrender of stolen property.
In the event it is determined that any item bought, sold or traded to, or received by the itinerant
dealer, salesman or buyer is the subject of any theft of crime, the dealer, salesman or itinerant
buyer shall, upon demand of the Sheriff, surrender the same to the Sheriff’s Office.
Sec. 6-6-36. Holding period.
(a) Except as provided in sub-section (c) below, every item covered by this chapter which is
purchased from one seller shall be separately packaged, or kept separately, and not intermingled
or confused with items purchased from another seller, for a period of 30 days following the
purchase of such item.
(b) Except as provided in sub-section (c) below, no person engaging in the purchase of items
regulated by this chapter, shall sell or otherwise dispose of, permit the sale or disposal of,
remove or permit to be removed from the license holder's place of business, intermingle with
other similar items, alter, change or deface any such items until after the expiration of 30 days
from the date of purchase.
(c) The holding period and other requirements of sub-sections (a) and (b) above shall not be
applicable to pawnshop transactions involving the sale of Video Games.
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Exhibit “B”
Add new:
Sec. 6-6-37. Unlawful activities.
It is unlawful for any itinerant dealer of precious metals or gems to purchase any precious metals
or gems from any person under 17 years of age.
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Chapter 6
SECONDHAND GOODS
ARTICLE 1. BROKERS, PAWNBROKERS, BOOK DEALERS, DEALERS IN PRECIOUS
METALS OR GEMS, AND ITINERANT DEALERS IN PRECIOUS METALS
OR GEMS.
Sec. 6-6-1. Definitions.
As used in this articlechapter, the following terms have the following meanings:
(a) "Book" means a literary or scientific work comprised of a number of sheets of paper,
parchment or other material with writing or printing on them, fastened together along at least one
edge, usually between protective covers. For purposes of this chapter "book" shall include all
magazines, journals, trade publications and posters containing words, pictures, diagrams, etc.
Electronic reading devices, such as tablets, laptops, netbooks and e-book readers are not
considered books for purposes of this chapter.
(b) "Book Dealer" means a Broker engaged in the business of buying or selling books as defined
in this chapter and having book sales comprise at least 60% of the gross receipts of the Broker’s
business.
(c) "Broker" means any person or business engaged, in whole or in part, in the business of
buying or selling tangible personal property, goods or merchandise of any description from
persons or sources other than manufacturers or business tax certified dealers. “Flea market
vendors” as defined by this chapter are not “brokers.”
(d) "Dealer in precious metals or gems" means any person engaged at a permanent location in
Richmond County in the business of purchasing precious metals or gems or goods made from
precious metals or gems from persons or sources other than manufacturers, manufacturers'
representatives, or other dealers in precious metals or gems; or any person engaged in any other
business if, in conjunction with such business, precious metals or gems or goods made from
precious metals or gems are purchased from persons or sources other than manufacturers,
manufacturers' representatives, or other dealers in precious metals or gems where such purchase
is for resale in its original form or as changed by remounting, melting, re-forming, remolding, or
recasting or for resale as scrap or in bulk.
(e) "Electronic Reporting System" means a computer based system, as specified by the Sheriff,
which is designed to record and transmit data and information electronically.
(f) "Fingerprint requirement" means each person selling any property subject to regulation by
this chapter, shall submit to having the fingerprint of the right hand thumb, unless such thumb is
missing, in which event the print of the next finger in existence on the right hand shall be
obtained with a notation as to the exact finger printed. The fingerprint shall be imprinted onto the
transaction form in the designated area along with the signature of the person selling the
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property. The fingerprint must be clear and legible. In the event that more than one transaction
form is required, a fingerprint and signature will be obtained for each form. Fingerprints and the
information required herein shall be obtained each time such person pledges, trades, pawns,
exchanges, or sells any property regulated by this chapter. The fingerprint shall be taken with a
digital reader and uploaded to an electronic reporting system required by the Sheriff. Fingerprint
reader model is specified by the Sheriff's Office.
(g) "Flea market vendor" means a person that sells products or goods only at indoor or outdoor
flea markets or yards sales and is not a pawnbroker, book dealer, or a dealer in precious metals or
gems or an itinerant dealer in precious metals or gems.
(h) "Gems" means any precious or semiprecious stone which is cut and polished.
(i) "Itinerant Dealer in Precious Metals or Gems" means a person who, due to the temporary
manner in which the business is operated, is considered a 'transient vendor' and is required to
have an occupation tax certificate to operate a business in Augusta, Georgia as required in 6-5-3,
and who enters Augusta, Georgia on a temporary, itinerant basis for a period of time not more
than 15 days and advertises by any form of media communication to the public that it will buy,
sell or otherwise trade in and receive precious metals or gems at a nonpermanent location within
Augusta, Georgia.
(j) "Nonpermanent location" means any location designated to be used to conduct a business
engaged in dealing in precious metals or gems by an itinerant merchant, in any temporary place,
including but not limited to hotels or motels, any movable vehicle, or other temporary or
movable structure to be used to conduct such business for a limited or specific time.
(k) "Numismatic coins" means coins whose value as collectors' items exceeds the value of the
content of the precious metals in the coins.
(l) "Pawnbroker" means any person engaged in whole or in part in the business of lending
money on the security of pledged goods, or in the business of purchasing tangible personal
property on the condition that it may be redeemed or repurchased by the seller for a fixed price
within a fixed period of time, or in the business of purchasing tangible personal property from
persons or sources other than manufacturers or licensed dealers as a part of or in conjunction
with the business activities described in this section.
(m) "Pawn or pledge" means a bailment of personal property as security for any debt or
engagement, redeemable upon certain terms and with the power of sale on default.
(n) "Pawnshop" means any business wherein a substantial part thereof is to take or receive, by
way of pledge, pawn, consignment or exchange, any goods, wares, merchandise, or any kind of
personal property whatever, as security for the repayment of money lent thereon.
(o) "Pawnshop transaction" means to take or receive any article of property or, regulated by this
chapter from any customer, by pawning, pledging, trading, exchanging, purchasing, or other
means. Transactions involving the buying and selling of books (as defined by this chapter),
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Digital Video Disks (DVDs), Compact Disks (CD’s), Cassette Tapes, and Audio Records are not
pawnshop transactions. Video Games, regardless of their format (DVD, CD, Cartridge, USB) are
pawnshop transactions.
(p) "Person" means an individual, partnership, corporation, joint venture, trust, association or
any other legal entity however organized.
(q) "Precious metals" means gold, silver, or platinum or any alloy containing gold, silver, or
platinum.
(r) "Proper identification" means anyone of the following:
(1) A Georgia driver's license which was properly issued by the appropriate state agency;
(2) A valid Georgia voter identification card or other valid identification card issued by a
branch, department, agency, or entity of the State of Georgia, any other state, or the
United States authorized by law to issue personal identification, provided that such
identification card contains a photograph of the customer;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the customer and
issued by any branch, department, agency, or entity of the United States government, this
state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid United States military identification card, provided that such identification
card contains a photograph of the customer; or
(6) A valid tribal identification card containing a photograph of the customer.
(s) "Third party administrator" means any individual, business or corporation designated by the
Sheriff to administer the reporting requirements of this ordinance.
Sec. 6-6-2. Responsibility for Enforcement.
The Richmond County Sheriff’s Office shall have the responsibility for the enforcement of this
articlechapter. The Sheriff, or his representative, shall have the authority to inspect
establishments licensed under this chapter during the hours in which the premises are open for
business. These inspections shall be made for the purpose of verifying compliance with the
requirements of this chapter and state law. This section is not intended to limit the authority of
any other Augusta, Georgia officer or employee to conduct inspections authorized by other
provisions of the Augusta, GA Code.
Sec. 6-6-3. Business tax certificate required.
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Any person, firm or corporation who does business in Richmond County as a Broker,
Pawnbroker, Book dealer, Dealer in Precious Metals or Gems, or Itinerant Dealers in Precious
Metals or Gems shall, before engaging in such business, obtain a business tax certificate in
accordance with Title 2, Chapter I of the Augusta Richmond County Code.
Sec. 6-6-4. Requirements of this ArticleChapter in addition to requirements of Title 2, Chapter 1.
The provisions of this Chapter are intended to augment and be in addition to the provisions of
Title 2, Chapter 1 (Business Tax Certificate). Where this chapter imposes a greater restriction
upon persons, premises, businesses or practices than is imposed by Title 2, Chapter 1, this
chapter shall control.
Sec. 6-6-5. Compliance with State Law; exemption for used motor vehicle dealers and scrap
metal processors..
(a) Nothing in this Chapter shall relieve Brokers, pPawnbrokers, or Book Dealers and other
dealers in precious metals or gems from the necessity of complying with state and federal law.
(b) Used motor vehicle dealers, dismantlers and salvage dealers (as defined by O.C.G.A. section
43-47-2) and scrap metal processors (as defined by O.C.G.A. section 43-43-1) are exempt from
the requirements of this chapter.
Sec. 6-6-6. Application: Broker, Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems,
Itinerant Dealers in Precious Metals or Gems.
The application for said business shall be signed and dated by the applicant and contain answers
to the following questions:
(a) What is the kind of business to be operated?
(b) What is the name of the business?
(c) What is the location where such business is proposed to be carried on and the telephone
number of said location?
(d) What is the name of the applicant for the business tax certificate, and the home address and
telephone number of said applicant?
(e) Where has applicant resided for the six (6) months preceding the date of this application?
(f) What was the applicant's previous home address, and how long was applicant a resident
there?
(g) What is the Social Security number of said applicant?
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(h) What are the names and addresses of all persons having an interest in said business?
(i) What interests do such persons have?
(j) Who is the landlord or owner of said location, and what is the address and telephone number
of said landlord or owner?
(k) Has the applicant or any person connected with or having an interest in said business:
(l) Been charged or convicted of any violation of law (other than minor traffic violations)
in any locality?
(2) Served time in prison, or other correctional institution?
(l) If the answer to section (1) of the above question is 'yes', state circumstances in detail.
Information must be complete as to dates, charges, court of jurisdiction, and disposition for each
person. If the answer to section (2) of the above question is 'yes', state circumstances in detail.
Information must be complete as to charge on which convicted, name of prison or correctional
institution, length of time served, date of release from prison or correctional institution, or
whether on probate or parole, and the terms thereof.
(l) Give the name, home address and telephone number and place of employment of two (2)
persons who are residents of this county, who are familiar with your character and reputation.
All of the foregoing information is hereby given and all of the foregoing statements are hereby
made on oath, willfully, knowingly, and absolutely, and the same is and are hereby sworn to be
true under penalty for false swearing, as provided by law.
Applicant's Signature
Sworn to and subscribed before me, this ______day of 20____.
Notary Public
Sec. 6-6-7. Regulatory fee.
Any person, firm or corporation who does business in Augusta, Georgia-Richmond County as a
Broker, Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems, Itinerant Dealers in
Precious Metals or Gems shall, before engaging in such business, pay such regulatory fee as is
provided in section 2-1-3(c) of the Augusta-Richmond CountyAugusta, Georgia Code.
Sec. 6-6-8. Right of suspension by Planning and Development Department: Revocation.
The Planning and Development Department shall have the right to immediately suspend, for
cause, any business tax certificate issued under this articlechapter whenever a person, firm or
corporation doing business shall deviate from the normal operation for which the business tax
certificate was obtained or fails in performance to meet the required regulations and code as set
forth by the Planning and Development Department, Sheriff ’s office or Health department; or
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violates any law or ordinance of the United States, or the state or Augusta, Georgia, in pursuance
of such business conducted under such business tax certificate; or when it shall be proven before
the Planning and Development Department that there is a violation of a nuisance law; or when
the health, morals, interests and convenience of the public demand the suspension of such
business tax certificate. The Planning and Development Department shall report the suspension
of such business tax certificate to the next regular or called meeting of the Commission, and shall
provide the licensee with at least three (3) days' notice of said meeting, at which meeting the
licensee may make such showing as he/she may deem proper. After a hearing, Commission shall
either continue the suspension, place the license on probation, permanently revoke the license, or
restore the license such that it remains in full force. A license granted hereunder shall also be
subject to revocation for cause, either with or without a prior suspension of the license.
Whenever, in the opinion of the Planning and Development Department, there is cause to revoke
the license, a written notice of intention to revoke it shall be furnished the holder thereof three
(3) days before a regular or called meeting of the Commission at which time the holder of the
license may make such showing as he/she may deem proper. After a hearing, the Commission
may revoke the license if, in its discretion, it is in the best interest, peace and good order of
Augusta, Georgia, or there has been any violation of the ordinances and code of Augusta,
Georgia, or the laws of the State of Georgia or the United States in the conduct of the place of
business.
Sec. 6-6-9. Conduct of business.
The following rules and regulations are hereby established, and shall govern the conduct and
operation of every such place of business regulated by this chapter,, and every person owning
and operating such place of business.
Sec. 6-6-10. Daily Electronic Reporting.
(a) All businesses regulated by this articlechapter shall make correct and truthful entries of
information as required by the applicable Section as soon after the transaction as possible and in
no event more than one hour after the applicable time set for closing of the business. The daily
electronic reporting shall be by an electronic reporting system required by the Sheriff. Every
Broker, pPawnshop and Book Dealer shall enter each transaction as it occurs into the electronic
reporting system via the internet to the administrator of the electronic reporting system. The
administrator of the electronic reporting system will electronically transmit all transactions to the
police department Sheriff’s Office.
(b) In the event that the electronic reporting system becomes temporarily or permanently
disabled, businesses will be notified as soon as possible by the Sheriff's Office. In this event, the
businesses will be required to make records of transactions in paper form as prescribed by the
Sheriff's Office. Such paper forms must include all information required under the applicable
Section related to the business. Businesses shall be responsible for maintaining an adequate
inventory of these forms.
(c) The Sheriff shall select and provide the required electronic reporting system software, and
designate the required fingerprint reader model to be purchased by
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the business.
Sec. 6-6-11. Recordkeeping Requirements. Brokers, and Pawnbrokers and Book Dealers.
Except as otherwise provided in section 6-6-13, Aall Brokers, and Pawnbrokers and Book
Dealers shall maintain records documenting all pawnshop transactions as follows:
(a) At the time of the actual transaction, Brokers, pPawnbrokers and Book Dealers shall
complete the transaction form designated by the Sheriff. A pawnbroker The business owner
shall maintain a copy of the completed transaction form on the licensed premises for at least one
(1) year after the date of the transaction. However, the pawnbroker business owner shall maintain
a copy of the transaction form either on premise or off premise at a location within Richmond
County approved by the Sheriff for not less than four (4) years. Such records may be kept
electronically as long as a copy of the electronic records can be provided to the Sheriff or other
law enforcement agency upon demand.
(b) The record required above shall contain:
(1) The time, date, and place of the transaction.
(2) A complete and accurate description of the goods acquired, including the following
information, if applicable:
a. Brand name (and if applicable, stock keeping unit (SKU)).
b. Model number.
c. Manufacturer's serial number.
d. Size.
e. Color, as apparent to the untrained eye.
f. Precious metal type, weight, and content if known, as well as a digital
photograph.
g. Gemstone description, including the number of stones, if applicable, as well as
a digital photograph.
h. In the case of firearms, the type of action, caliber or gauge, number of barrels,
barrel length, and finish.
i. Any other unique identifying marks, numbers, or letters.
j. The price paid for the goods purchased.
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k. A digital photograph of the items purchased.
(3) The Broker and, Pawnbroker and Book Dealer shall require verification of
identification of the person from whom the goods are acquired by accepting only proper
identification as defined herein, as well as a description of the person including:
a. Full name, current residential address, workplace, and home and work phone
numbers.
b. Height, weight, date of birth, race, gender, hair color, eye color, and any other
identifying marks.
c. A Photo copy of the seller's proper identification.
d. A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting
system required by the Sheriff.
(4) The record shall contain the type of identification exhibited, the issuing agency, and
the number thereon.
(5) The seller shall sign a statement verifying that the seller is the rightful owner of the
goods or is entitled to sell, consign, or trade the goods.
(6) Any other information required by the format designated by the Sheriff.
Sec. 6-6-12. Daily accurate report; false statements.
(a) Every Broker, and Pawnbroker and Book Dealer (or , his employees or agents,) shall make
correct and truthful entries of the above-required information in the daily electronic reporting
required in Section 6-6-10.
(b) It shall be unlawful for a person engaged in the business of Broker, pPawnbroker or Book
Dealer to make any false entry in any report. Any person making any willfully false or
misleading statements in the report shall be punished as provided in section 6-6-22.
Sec. 6-6-13. Exceptions from certain record keeping requirements.
(a) Transactions involving the sale of books (as defined by this chapter), DVDs, CD’s, Cassette
Tapes and Audio Records, are not subject to the record keeping requirements of this chapter.
(b) Brokers, Pawnbrokers and Book Dealers may be excluded from the record keeping
requirements of section 6-6-11(b)(2)(k)(digital photograph) and section 6-6-
11(b)(3)(d)(fingerprint) for pawnshop transactions involving Video Games, provided such
person or business meets all of the following requirements:
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(1) must make high quality video and audio recordings of every Video Game pawnshop
transaction; and
(2) must preserve such recordings for a minimum of 60 days following each transaction;
and must make such video recordings available to the Sheriff’s Office upon request without the
requirement of a warrant.
Sec. 6-6-14. Minors.
It is unlawful for any broker, pawnbroker, or agent or employee thereof to receive any article in
pawn or purchase any article for resale from any person under 17 years of age.
Sec. 6-6-15. Pawnbrokers; bond required.
In addition to the business tax certificate required by section 6-6-3 herein, it shall be unlawful for
any person to engage in the business of pawn broking within Richmond County without giving
bond, with two (2) good and approved securities, in the sum of five thousand dollars ($5,000.00),
conditioned to make good all damages sustained by the carelessness, neglect or unfair dealing of
such licensee.
Sec. 6-6-16. Premises open to Sheriff.
Every Broker, and Pawnbroker and Book Dealer shall admit to his premises any Sheriff’s
deputy, who in the performance of official lawful duties as prescribed by the Sheriff may desire
at any time to search for articles missing or stolen, or to make any inspection authorized by this
article, without the formality of a search warrant.
Sec. 6-6-17. Inspection of pledges and purchases and records.
All articles pledged or sold to Brokers, pPawnbrokers and Book Dealers shall, at all times, be
subject to inspection and examination by the Sheriff. All records required to be kept by this
chapter or by policies of the Sheriff's Office shall be subject to inspection and examination by
the Sheriff.
Sec. 6-6-18. Goods held for 30 days; law enforcement holds.
(a) Any pawnbroker or person operating under a pawnbroker's license who takes goods on pawn
or buys goods, taking full title thereto, the word "goods" being used in the broadest sense and
including all kinds of personal property, shall hold the goods so taken in pawn or purchase for at
least 30 days before disposing of the goods by sale, transfer, shipment or otherwise. This
holding requirement shall not be applicable to books, DVDs, CDs, Cassette Tapes, Audio
Records and Video Games.
(b) The Richmond County Sheriff’s Office has the authority to place property that is the subject
of law enforcement investigation on "law enforcement hold." In that event, the Richmond
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County Sheriff’s Office shall notify the pawnbroker of the need for a police hold and identify all
property subject to the police hold. Upon notification, it shall be the responsibility of the
pawnbroker to maintain the subject property until such time as the property is released from law
enforcement hold status or the property is confiscated as evidence.
Sec. 6-6-19. Pawnbrokers; amount of loan.
Upon all articles pawned the pawnbroker may advance such sum and for such time as may be
agreed on with the pawner.
Sec. 6-6-20. Sale of unredeemed articles; pawner's right of redemption.
Upon the failure of the pawner to redeem the articles pledged at the time agreed on, the
pawnbroker may, after the expiration of 30 days, sell such articles; provided, that six (6) daily
notices of sale are given through two (2) newspapers; provided, further, that the pawner shall
have the privilege of redeeming such articles up to the time of the sale.
Sec. 6-6-21. Pawn tickets.
It shall be unlawful for any pawnbroker to fail to deliver to the pawner, at the time of the
pawning, a certificate or ticket, numbered to correspond with the number and description in the
record he is required by this chapter to keep.
Sec. 6-6-22. Sign.
It shall be unlawful for any pawnbroker to fail to affix the usual pawnbroker's sign, a three-ball
pendant, to his place of business, within five (5) days after receiving his pawnbroker's business
tax certificate.
Sec. 6-6-23. Money lenders, except banks and like institutions, as pawnbrokers.
Any person, except banks and other institutions of like character regulated and licensed solely by
the state, lending money on or purchasing personal property from individuals, shall be classed as
pawnbrokers and shall pay the fee required of pawnbrokers, and shall make daily reports to the
Sheriff’s Office of such loans or purchases, and shall in all other respects be subject to and
governed by the provisions of this articlechapter regulating the business of a pawnbroker.
Sec. 6-6-24. Penalties.
(a) Any person running a business as a Broker, or Pawnbroker, or Book Dealer or any employee
or agent thereof, shall be punished as provided by Section 1-6-1, and, in addition, by the
revocation of the regulatory permit of the pawnbroker violating the provisions of any law or
ordinance pertaining to pawnbrokers.
(b) Any person running a business dealing in precious metals or gems, or any employee or agent
thereof, violating any of the provisions of this chapter shall be punished as provided by Section
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1-6-1, and, in addition, by the revocation of the regulatory permit of the dealer in precious metals
or gems violating the provisions of any law or ordinance pertaining to dealers in precious metals
or gems.
(c) Any person running a business as an itinerant merchant dealing in precious metals or gems,
or any employee or agent thereof, violating any of the provisions of this chapter shall be
punished as provided by Section 1-6-1, and, in addition, by the revocation of the regulatory
permit of the itinerant merchant dealing in precious metals or gems violating the provisions of
any law or ordinance pertaining to dealers in precious metals or gems.
Sec. 6-6-25. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as Dealers in Precious Metals or Gems shall, before engaging in such
business, obtain a business tax certificate in accordance with §6-6-3 and §6-6-4 of the Augusta,
GA Code.
Sec. 6-6-26. Dealers in Precious Metals or Gems; Registration and Regulatory Permit Required.
(a) No person shall engage in business as a dealer in precious metals or gems until he has
registered as a dealer in precious metals or gems for each separate place of business with the
Richmond County Sheriff’s Office and has applied for a regulatory permit to operate said
business in Richmond County. The registration and permit application shall be in writing and
shall be sworn to or affirmed by the dealer in precious metals or gems on a form as prescribed by
the Sheriff’s Office.
(b) The registration and permit application shall contain the full name, business address, home
address and date of birth of the dealer together with the full names, home addresses, and dates of
birth of all other persons having an ownership interest or actually employed in the business other
than publicly held corporations. In the case of a corporation, this list shall include full names,
dates of birth and titles of corporate officers and owners often or more percent of the common or
preferred stock.
(c) No person shall be eligible for a regulatory permit or to register as a dealer in precious metals
or gems if any owner, manager, employee or stockholder, other than stockholders owning less
than ten (10) percent of the outstanding shares of a publicly held corporation, has been convicted
of a felony under the laws of this state or any other state or the United States. This subsection
shall not apply to any person who has been convicted of a felony after ten years have expired
from the date of completion of the felony sentence. Prior to the issuance of an occupation tax
certificate and the regulatory permit, a background investigation shall be required for the
stockholders, owner(s), manager(s), and employee(s). If the eligibility requirements are met, then
the occupation tax certificate and the regulatory permit shall be issued, and the registration
allowed.
(d) Such occupation tax certificate and regulatory permit shall be for the calendar year and must
be renewed prior to the expiration date. All independent contractors must have the certificates
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and permits required by this chapter. In addition, each applicant shall pay an initial registration
fee to the Richmond County Sheriff’s Office of $25.00 to cover the cost of registering such
persons. The registration shall be renewed annually upon presentation of a current tax certificate
and regulatory permit by the dealer.
(e) It shall be the responsibility of the Planning and Development Department to issue and
receive payment for the occupation tax certificate.
(f) It shall be the responsibility of the Sheriff or designee to issue and receive payment for the
regulatory permit. The cost of the regulatory permit shall be $25.00 for each individual listed on
the application and shall be used to cover the cost of the criminal history(s) and background
investigation of the applicant(s) investigation in addition to any fees charged by the State. The
Director of Planning and Development or his designated representative shall submit the
application after filing to the Sheriff’s Office. Each applicant authorizes the Sheriff’s Office and
its agents to secure from any court, law enforcement agency, or other public agency his criminal
history and the criminal history of all individuals required to be listed on the application,
including but not limited to sole proprietor, partners, members, corporate officers, stockholders,
and managers, and authorizes Augusta, Georgia to use such information in determining whether
the license applied for shall be issued. Each applicant waives any right that he would otherwise
have to preclude Augusta, Georgia or its agents from obtaining and using such information and
each applicant further waives any liability of Augusta, Georgia or its agents for obtaining and
using such information, and agrees to indemnify and hold Augusta, Georgia harmless against the
claims of any person listed by the applicant on the application and by doing so has authorized
Augusta, Georgia to investigate. The Sheriff’s Office shall make an arrest and conviction
investigation concerning any applicants hereunder and all individuals required to be listed on the
application, including but not limited to sole proprietor, partners, LLC members, corporate
officers, corporate stockholders, and managers. The Sheriff’s Office shall submit the results of
the investigation to the Director of Planning and Development or his designated representative
within 30 days of submission.
(g) All applications shall contain the address of the premises upon which the business is
conducted and the zoning classification of the premises.
(h) Each dealer shall be required to notify the Richmond County Sheriff’s Office in writing
within seven (7) calendar days of any change of address of the dealer or business or any change
of ownership in the business. A copy of the change of address or ownership in the business shall
be transmitted to the sheriff of the county within seven days of the notification.
Sec. 6-6-27. Recordkeeping Requirements.
(a) Every dealer in precious metals or gems shall maintain a record, in permanent form, in which
shall be entered at the time of each purchase of precious metals or gems or goods made from
precious metals or gems the following:
(1) The date and time of the purchase;
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(2) The name of the person making the purchase from the seller;
(3) The name, age, and address of the seller of the items purchased and the distinctive
number from such seller's driver's license or other proper identification as defined herein,
containing a photo of the seller;
(4) A photocopy of the seller's proper identification.
(5) A digital reader fingerprint of the seller's right hand thumb (see fingerprint
definition). The digital fingerprint file shall be uploaded to an electronic reporting system
required by the Sheriff.
(6) A clear and accurate identification and description of the purchased goods, including
the serial, model, or other number, and all identifying marks inscribed thereon as well as
a digital photograph. If a criminal investigation occurs, the dealer in precious metals and
gems shall, upon request, provide a clear and legible copy of the image to the appropriate
law enforcement agency.
(7) The price paid for the goods purchased;
(8) The number of the check issued for the purchase price, if payment is made by check;
and
(9) The signature of the seller.
(b) The permanent record required by this Code section shall be in legible English. Entries shall
appear in chronological order. No blank lines may be left between entries. No obliterations,
alterations, or erasures may be made. Corrections shall be made by striking through the entry
without destroying its legibility. The record shall be maintained for each purchase of precious
metals or gems or goods made from precious metals or gems for at least one year on-site or for at
least two years off-site at a location within Richmond County approved by the Sheriff. Such
records may be kept electronically as long as a copy of the electronic records can be provided to
the Richmond County Sheriff’s Office or other law enforcement agency upon demand. The
record shall be open to the inspection of any duly authorized law enforcement officer during the
ordinary hours of business or at any reasonable time.
(c) Dealers exclusively engaged in buying or exchanging for merchandise scrap dental gold and
silver from licensed dentists by registered or certified mail or statutory overnight delivery may
record the post office record of the mailed parcel in lieu of the seller's age and proper
identification as required in paragraph (3) of subsection (a) of this Code section and in lieu of the
seller's signature as required in paragraph (7) of subsection (a) of this Code section.
Sec. 6-6-28. Daily electronic reporting required.
(a) Every dealer in precious metals or gems shall comply with the requirements for daily
electronic reporting as set forth in Section 6-6-10. The daily electronic reports shall contain the
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information required in Section 6-6-27(a) (1)-(9) in a form approved or prescribed by the Sheriff
of all precious metals or gems or goods made from precious metals or gems purchased on the
day of the report.
(b) All reports shall be maintained in a secure location under the direct supervision of the
appropriate Sheriff’s Officer. All reports shall be available for inspection only for law
enforcement purposes as provided in O.C.G.A. Section 43-37-4(b) and (c) Any Sheriff’s Officer
may, in his discretion, authorize any person who demonstrates theft of precious metals or gems
by the presenting of an incident report or other similar document to inspect the reports at the
Sheriff’s Office in an effort to locate stolen property.
Sec. 6-6-29. Unlawful activities.
(a) It shall be unlawful for any dealer in precious metals or gems or any agent or employee of a
dealer in precious metals or gems who makes purchases of precious metals or gems or of goods
made from precious metals or gems to:
(1) Make any false statement in the permit application and registration provided for in
Section 6-6-26;
(2) fail to maintain and make entries in the permanent record as required by Section 6-6-
27;
(3) make any false entry in such permanent record;
(4) Falsify, obliterate, destroy, or remove from the place of business such permanent
record;
(5) Refuse to allow any duly authorized law enforcement officer to inspect such
permanent record, or any precious metals or gems or goods made from precious metals or
gems in his possession, during the ordinary hours of business or at any reasonable time;
(6) Sell, exchange, or remove from the legal possession of the buyer, or to alter the form
of, any precious metals or gems or goods made from precious metals or gems purchased
by remounting, melting, cutting up, or otherwise altering the original form until at least
10 calendar days have elapsed from the time of purchase or acquisition;
(7) Fail to make the report as required in this ArticleChapter; or
(8) Purchase any precious metals or gems from any person under 17 years of age.
(b) It shall be unlawful for any person to advertise or transact business as a dealer in precious
metals or gems without first registering and obtaining the regulatory permit pursuant to the
requirements of this ArticleChapter.
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(c) It shall be unlawful for any dealer in precious metals or gems to purchase precious metals in a
melted or smelted state unless the purchase is from a registered dealer in precious metals or
gems.
(d) If any Sheriff's officer has probable cause to believe that precious metals or gems have been
stolen, he may give notice in writing to the dealer to retain the precious metals or gems for an
additional 15 days; and it shall be unlawful for the dealer to dispose of the property unless the
notice is revoked in writing within the 15 day period.
Sec. 6-6-30. Applicability of ArticleChapter.
(a) This ArticleChapter shall not apply to any precious metals or gems containing precious
metals or gems obtained from industrial producers, manufacturers, licensed dealers, or
distributors.
(b) This ArticleChapter shall not apply to dealers exclusively engaged in the sale or exchange of
numismatic coins or to transactions exclusively involving numismatic coins or other coinage.
Sec. 6-6-31. Itinerant Dealers in Precious Metals or Gems. Applicability.
This section shall be applicable to all itinerant dealers of precious metals or gems, whether their
sales, trades and purchases are at retail or wholesale or by any form of pawn. Specifically
excluded are wholesalers, buyers and sellers who sell, trade and deal only with mercantile
establishments or purchase precious metals or gems from manufacturers, manufacturer's
representatives, or other dealers in precious metals or gems.
Sec. 6-6-32. Notice of intent to conduct business.
(a) Business Tax Certificate Required. Any person, firm or corporation who does business in
Richmond County as an Itinerant Dealers in Precious Metals or Gems shall, before engaging in
such business, obtain a business tax certificate in accordance with §section 6-6-3 and §section 6-
6-4 of the Augusta, GA Code.
(b) Permit required. It shall be unlawful for any person to engage in activities as an itinerant
dealer in precious metals or gems in Richmond County without having obtained a valid permit
for each separate location and for each person engaging in said activities. Prior to advertising any
buying, selling, trading or otherwise dealing in precious metals or gems, an itinerant dealer shall,
at least three (3) business days prior to the initial advertising, file with the Sheriff’s Office an
application for a regulatory permit to conduct the business of itinerant dealer in precious metals
or gems in Richmond County.
(c) Such application shall include the following:
(1) Full name of the person, group or association, and its address;
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(2) The name of the person who will be conducting business in Richmond County and his
home address, including proper identification as defined;
(3) The length of the stay in Richmond County, including the dates of opening and
closing, at each fixed location not to exceed 15 days;
(4) The fingerprints of the person or persons who will be conducting such business in
Richmond County; and
(5) Where the business will be conducted, and during what hours; except that no itinerant
dealers in precious metals or gems shall operate at any location in Richmond County
between the hours of 6:00 p.m. and 8:00 a.m. Monday through Saturday or during any
hours on Sunday.
(d) No person who has been convicted of a felony under the laws of this state or any other state
of the United States shall be eligible to receive a regulatory permit to conduct business as an
itinerant merchant of precious metals or gems within Richmond County. This paragraph shall not
apply to any person who has been convicted of a felony after ten years have expired from the
date of completion of the felony sentence. Prior to the issuance of the regulatory permit, a
background investigation shall be required for each person who will be conducting business in
Richmond County. If the eligibility requirements are met, then the regulatory permit shall be
issued for each person meeting the requirements. The provisions of Section 6-6-24(£) shall apply
to the background investigation required herein.
(e) Each regulatory permit issued pursuant to this section shall be nontransferable and valid for
period of time listed by the applicant in response to paragraph (c) (3) above, not to exceed 15
days.
(f) Every itinerant dealer shall admit to the premises where business is being conducted any
Sheriff's officer, who in the performance of official lawful duties as prescribed by the Sheriff,
may desire at any time to search for articles missing or stolen, or to make any inspection of
records authorized by this chapter, without the formality of a search warrant.
Sec. 6-6-33. Records. All itinerant dealers, both salesmen and buyers, of precious metals or gems
shall keep records wherein shall be entered an accurate description of all property pledged,
traded or sold by them. Such description shall include to the extent possible the name or the
make of the article, any identifying mark or number, and a statement of the kind of material of
which it is made. In such records there shall be entered also the full name and address of the
person by whom same was deposited or sold, and the time when the same was done, and the
name, address, date of birth and drivers' license number of seller; and a photocopy of the proper
identification. In the event the seller does not have a drivers' license, other proper identification
as defined shall be required and photocopied. All purchased items shall be digitally
photographed. These entries shall be made as soon after the transaction as is possible but in no
event more than one hour after the time given for daily close of business in Ssection 6-6-321
(c)(5) above. Such records may be kept electronically as long as a copy of the electronic records
can be provided to the Richmond County Sheriff or other law enforcement agency upon demand.
Attachment number 2 \nPage 16 of 17
Item # 8
Page 17 of 17
Sec. 6-6-34. Daily Accurate Report to policeSheriff’s Office.
Every traveling and itinerant dealer shall make a report to the Sheriff's Office, as required in
Section 6-6-10 (Daily Electronic Reporting). The report shall be in such form as may be
prescribed by the Sheriff, of all property pledged, traded, bought or sold during the period of
operation in Richmond County, and shall show the name and address of any person who bought,
sold, traded or otherwise disposed of or received any item; the date and time of the transaction;
the amount paid or advanced, or the item traded; the full description of articles, including kind,
style, material, color, design, kind and number of stones in jewelry; and all identifying names,
ranks, and numbers; and a description of persons trading, buying, selling or pawning, including
the name, address, race, weight, height, photocopy of proper ID and digital thumbprint of said
person. (See fingerprint requirement).
Sec. 6-6-35. Surrender of stolen property.
In the event it is determined that any item bought, sold or traded to, or received by the itinerant
dealer, salesman or buyer is the subject of any theft of crime, the dealer, salesman or itinerant
buyer shall, upon demand of the Sheriff, surrender the same to the Sheriff’s Office.
Sec. 6-6-36. Holding period.
(a) Except as provided in sub-section (c) below, Eevery item covered by this sectionchapter
which is purchased from one seller shall be separately packaged, or kept separately, and not
intermingled or confused with items purchased from another seller, for a period of thirty30 days
following the purchase of such item.
(b) Except as provided in sub-section (c) below, Nno person engaging in the purchase of
precious metals or items regulated by as defined this chapter, shall sell or otherwise dispose of,
permit the sale or disposal of, remove or permit to be removed from the license holder's place of
business, intermingle with other similarjewelry or stones items, alter, change or , deface any such
items or permit the same of any such precious metals or stones purchased, until after the
expiration of thirty30 days from the date of purchase.
(c) The holding period and other requirements of sub-sections (a) and (b) above shall not be
applicable to pawnshop transactions involving the sale of Video Games.
Sec. 6-6-37. Unlawful activities.
It is unlawful for any itinerant dealer of precious metals or gems to purchase any precious metals
or gems from any person under 17 years of age.
Attachment number 2 \nPage 17 of 17
Item # 8
Commission Meeting Agenda
1/7/2014 2:00 PM
Amend Ordinance for Franchise Fee with Comcast
Department:Finance
Caption:Motion to approve amendment to existing franchise ordinance
with Comcast. (Approved by the Commission December 17,
2013-second reading)
Background:Augusta Finance Department utilized the services of GMA to
review the existing franchsie agreements with cable providers.
The agreement with Comcast has not been amended as allowed by
state law to collect franchise fees on advertising, home shopping
commissions, late fees, installation revenue and FCC fees.
Georgia Municpal Association has provided the draft ordinance
for the amendment.
Analysis:By approving allowed amendment, the agreement will allow
increased franchise fee collections as allowed by state law.
Financial Impact:Estimated increased franchise revenue of $300,000 annually
Alternatives:do not approve the amendment and forfeit the increase in revenue
discussed in the 2014 budget
Recommendation:approve the amendment
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 9
2414723v1
ORDIACE O.
A ORDIACE AMEDIG ORDIACE O. 6003, AS AMEDE D BY
ORDIACE O. 6348, WHICH GRATED A FRACHISE TO JO ES COMMUICATIOS
OF GEORGIA/ SOUTH CAROLIA, IC.; CHAGIG THE DEFI ITIO OF GROSS
REVEUES
WHEREAS, on February 3, 1998 the Augusta-Richmond County Commission
(“Commission”) adopted Ordinance No. 6003, granting to Jones Communications of
Georgia/South Carolina, Inc. a cable television franchise (“Franchise”) to serve the City of
Augusta, Georgia (“City”); and
WHEREAS, the Franchise is now held by Comcast Communications (“Grantee”); and
WHEREAS, Section 2 of the Franchise requires that the Grantee shall annually pay to
the City a fee of three percent (3%) of Gross Revenues as defined in the Franchise; and
WHEREAS, on December 19, 2000 the Franchise was amended by Ordinance No. 6348
to increase the Franchise fee to five percent (5%) of Gross Revenues as defined in the Franchise;
and
WHEREAS, the City contracted with the Georgia Municipal Association (“GMA”) to
assist the City in performing a compliance review of franchise fee payments received by Augusta
(“Review”); and
WHEREAS, the Review indicated the City is not receiving franchise fee payments on
advertising and home shopping commissions revenue, late fees, installations, franchise fees, and
FCC fees; and
WHEREAS, Section 2 of the Franchise provides that the Grantee “agrees that with
respect to the CATV System, it will agree to increase the franchise fees for cable television
services (up to any applicable legal limits) if the Commission takes action to increase the
franchise fees for any CATV company who use the Streets of Augusta”; and
WHEREAS, the City is also served by another cable television operator, Knology of
Augusta (“Knology”) which operates in the City under a state issued franchise; and WHEREAS,
pursuant to applicable state law, Knology remits to the City a franchise fee in the amount of five
percent (5%) based upon the state definition of Gross Revenues; and .
WHEREAS, the Commission desires to maintain a level playing field with respect to the
Franchise fee which both the Grantee and Knology remit to the City.
OW, THEREFORE , BE IT ORDAIED BY THE AUGUSTA – RICHMOD
COUTY COMMISSIO:
1. Pursuant to its police powers and its powers under the Franchise, the Franchise is hereby
amended by deleting Section 1 (f) in its entirety and substituting a new definition for Gross
Revenues to read as follows:
Attachment number 1 \nPage 1 of 3
Item # 9
2414723v1
“Gross Revenues” means all revenues received from subscribers for the provision of
cable service or video service, including franchise fees for cable service providers and
video service providers, and advertising and home shopping services and shall be
determined in accordance with Generally Accepted accounting Principles (“GAAP”).
Gross revenues shall not include:
(A) Amounts billed and collected as a line item on the subscriber’s bill to
recover any taxes, surcharges, that are imposed on or with respect to the
services provided or measured by the charges, receipts, or payments
therefore; provided, however, that for purposes of this definition of “Gross
Revenue”, such tax, surcharge, shall not include any ad valorem taxes, net
income taxes, or generally applicable business or occupation taxes not
measured exclusively as a percentage of the charges, receipts, or payments
for services to the extent such charges are passed through as a separate
line item on Subscribers bills;
(B) Any revenue not actually received, even if billed, such as bad debt;
(C) Any revenue received by any affiliate or any other person in exchange
for supplying goods or services used by the provider to provide cable or
video programming;
(D) Any amounts attributable to refunds, rebates, or discounts;
(E) Any revenue from services provided over the network that are
associated with or classified as non-cable or non-video services under
federal law, including, without limitation, revenues received from
telecommunications services, information services other than cable or
video services, Internet access services, directory or Internet advertising
revenue including, without limitation, yellow pages, white pages, banner
advertisements, and electronic publishing advertising. Where the sale of
any such non-cable or non-video service is bundled with the sale of one or
more cable or video services and sold for a single non-itemized price, the
term “gross revenues” shall include only those revenues that are
attributable to cable or video services based on the provider’s books and
records, such revenues to be allocated in a manner consistent with
generally accepted accounting principles;
(F) Any revenue from late fees not initially booked as revenues, returned
check fees or interest;
(G) Any revenue from sales or rental of property, except such property as
the subscriber is required to buy or rent exclusively from the cable or
video service provider to receive cable or video service;
(H) Any revenue received from providing or maintaining inside wiring;
Attachment number 1 \nPage 2 of 3
Item # 9
2414723v1
(I) Any revenue from sales for resale with respect to which the purchaser
is required to pay a franchise fee, provided the purchaser certifies in
writing that it will resell the service and pay a franchise fee with respect
thereto; or
(J) Any amounts attributable to a reimbursement of costs including, but
not limited to, the reimbursements by programmers of marketing costs
incurred for the promotion or introduction of video programming.
PASSED AND APPROVED THIS _____ day of ______________, 2013.
AUGUSTA-RICHMOD COUTY COMMISIO
By:
As its Mayor
ATTEST:
Clerk
First Reading: ,2013
Second Reading: ,2013
ACCEPTANCE AND AGREEMENT
Comcast Communications hereby accepts this Ordinance No. (“Ordinance”) and
agrees to be bound by the terms and conditions herein and the lawful terms and conditions of the
Franchise referenced herein.
Dated this day of , 2013
COMCAST COMMUNICATIONS, INC.
By:
Its:
Attachment number 1 \nPage 3 of 3
Item # 9
Commission Meeting Agenda
1/7/2014 2:00 PM
SPLOST VII Timeline
Department:
Caption:Motion to authorize the Mayor to begin the process preparing the
SPLOST VII referendum and receive tentative timeline.
(Requested by the Finance Department)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 10
Attachment number 1 \nPage 1 of 2
Item # 10
Attachment number 1 \nPage 2 of 2
Item # 10
Commission Meeting Agenda
1/7/2014 2:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held December 17, 2013 and Special Called Meeting
held December 17, 2013.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 11
Commission Meeting Agenda
1/7/2014 2:00 PM
Affidavit
Department:Clerk of Commission
Caption:Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 12