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HomeMy WebLinkAbout2013-11-12-Meeting Agendawww.augustaga.gov Public Safety Committee Meeting Commission Chamber- 11/12/2013- 1:05 PM PUBLIC SAFETY 1. Motion to approve acceptance of the Victims of Crime Act (VOCA) funding for the Solicitor General's Office from the Prosecuting Attorneys' Council of Georgia in the amount of $30,000 with matching funds of $7,500 for a total of $37,500 for the grant period of October 1, 2013 through September 30, 2014. Attachments 2. 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 and book dealers; 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. Attachments 3. Approve the implementation of an Augusta Government Channel. Attachments 4. Motion to approve a resolution authorizing volunteer firefighters and rescue workers of the Augusta, Georgia Fire Department to be covered under Workers' Compensation. Attachments 5. Motion to approve automatic aid agreement with Hephzibah, Georgia. Attachments 6. Approve a request from the Fire Department to use $201,390 from a Fire Department revenue account from sale of property, and $60,000 from fund balance into object codes for the purpose of purchasing uniforms and refurbishing an aerial truck that is currently out of service. The total amount of funds requested is $261,390. Attachments 7. Motion to approve the minutes of the Public Safety Committee held on October 28, 2013. Attachments Public Safety Committee Meeting 11/12/2013 1:05 PM Acceptance of VOCA Grant Department:Clerk of Commission Caption:Motion to approve acceptance of the Victims of Crime Act (VOCA) funding for the Solicitor General's Office from the Prosecuting Attorneys' Council of Georgia in the amount of $30,000 with matching funds of $7,500 for a total of $37,500 for the grant period of October 1, 2013 through September 30, 2014. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Attachment number 1 \nPage 1 of 16 Item # 1 Attachment number 1 \nPage 2 of 16 Item # 1 Attachment number 1 \nPage 3 of 16 Item # 1 Attachment number 1 \nPage 4 of 16 Item # 1 Attachment number 1 \nPage 5 of 16 Item # 1 Attachment number 1 \nPage 6 of 16 Item # 1 Attachment number 1 \nPage 7 of 16 Item # 1 Attachment number 1 \nPage 8 of 16 Item # 1 Attachment number 1 \nPage 9 of 16 Item # 1 Attachment number 1 \nPage 10 of 16 Item # 1 Attachment number 1 \nPage 11 of 16 Item # 1 Attachment number 1 \nPage 12 of 16 Item # 1 Attachment number 1 \nPage 13 of 16 Item # 1 Attachment number 1 \nPage 14 of 16 Item # 1 Attachment number 1 \nPage 15 of 16 Item # 1 Attachment number 1 \nPage 16 of 16 Item # 1 Public Safety Committee Meeting 11/12/2013 1:05 PM AN ORDINANCE TO AMEND THE CODE SECTIONS 6-6-1 THROUGH 6-6-36, TO ADD A NEW SECTION 6-6-37; TO CLARIFY CODE REQUIREMENTS AS TO BOOKS AND BOOK DEALERS AND FOR OTHER PURPOSES. Department:Sheriff's Office Caption: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 and book dealers; 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. 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. The Sheriff’s Office recognizes the need to clarify the requirements of Ordinance No. 7409 with respect to books and Book Dealers and to add additional definitions and updates to this ordinance. Analysis:See attached. Financial Impact:None. Alternatives:N/A. Recommendation:Approve. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Cover Memo Item # 2 Administrator Clerk of Commission Cover Memo Item # 2 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 AND BOOK DEALERS; 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 and Book Dealers 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 # 2 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 # 2 Exhibit “A” Replace existing with: Chapter 6 SECONDHAND GOODS ARTICLE 1. BROKERS, PAWNBROKERS, DEALERS IN PRECIOUS METALS OR GEMS, AND ITINERANT DEALERS IN PRECIOUS METALS OR GEMS. Sec. 6-6-1. Definitions. As used in this article, 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 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. (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 # 2 (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) "Gems" means any precious or semiprecious stone which is cut and polished. (h) "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. (i) "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. (j) "Numismatic coins" means coins whose value as collectors' items exceeds the value of the content of the precious metals in the coins. (k) "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. (l) "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. (m) "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. (n) "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 Attachment number 1 \nPage 4 of 20 Item # 2 means. Transactions involving the buying and selling of books, as defined by this chapter, are not pawnshop transactions. (o) "Person" means an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized. (p) "Precious metals" means gold, silver, or platinum or any alloy containing gold, silver, or platinum. (q) "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. (r) "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 article. 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. 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 Attachment number 1 \nPage 5 of 20 Item # 2 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 Article 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? (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? Attachment number 1 \nPage 6 of 20 Item # 2 (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. The Planning and Development Department shall have the right to immediately suspend, for cause, any business tax certificate issued under this article 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 Attachment number 1 \nPage 7 of 20 Item # 2 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 article 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 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. Attachment number 1 \nPage 8 of 20 Item # 2 Except as otherwise provided in section 6-6-12, 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. 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: Attachment number 1 \nPage 9 of 20 Item # 2 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, are not subject to the record keeping requirements of this chapter. (b) Book Dealers are 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), provided such Book Dealer meets all of the following requirements: (1) Book Dealer must supply the Sheriff’s Office with annualized gross receipts reflecting that at least 60% of the retail sales of the Book Dealer occurring in Richmond County are of “Books” as defined by this chapter. Such receipts shall be required 60 days following the effective date of this ordinance for the year 2014 and on or before February 1 each year thereafter. In the event annualized gross receipts reflect less than 60% book sales, the Book Attachment number 1 \nPage 10 of 20 Item # 2 Dealer must comply with all of the record keeping requirements of section 6-6-11 within 60 days. (2) Book Dealer must make a high quality video recordings of each transaction wherein the Book Dealer is purchasing an item regulated by this chapter from retail customers; 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. (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 Attachment number 1 \nPage 11 of 20 Item # 2 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 article 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 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. Attachment number 1 \nPage 12 of 20 Item # 2 (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 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 Attachment number 1 \nPage 13 of 20 Item # 2 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; (2) The name of the person making the purchase from the seller; Attachment number 1 \nPage 14 of 20 Item # 2 (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 information required in Section 6-6-27(a) (1)-(9) in a form approved or prescribed by the Sheriff Attachment number 1 \nPage 15 of 20 Item # 2 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 Article; 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 Article. Attachment number 1 \nPage 16 of 20 Item # 2 (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 Article. (a) This Article 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 Article 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; Attachment number 1 \nPage 17 of 20 Item # 2 (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. Attachment number 1 \nPage 18 of 20 Item # 2 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 provide 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 provide 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 CDs, DVDs, Video Games, Cassette Tapes and Audio Records unless the cash amount to be paid to one seller of such items exceeds $100.00 during a 24 hour period. Attachment number 1 \nPage 19 of 20 Item # 2 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. Attachment number 1 \nPage 20 of 20 Item # 2 ORDINANCE NO.7409----- AN ORDINANCE TO AMEND THE AUGUSTA,GEORGIA CODE,TITLE 6 CHAPTER 6,SECTION 6-6-1 THROUGH SECTION 6-6-36,TO PROVIDE OPERATING STANDARDS FOR BROKERS,PAWNBROKERS,DEALERS IN PRECIOUS METALS OR GEMS,AND ITINERANT DEALERS IN PRECIOUS METALS OR GEMS;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,Augusta,Georgia finds that while pawnbrokers and dealers in precious metals and gems provide a valuable service to citizens,they may also inadvertently provide opportunity for criminals to sell stolen property which can be easily and quickly disposed of;and WHEREAS,Augusta,Georgia also finds that in accordance with State law public safety regulation is warranted in transactions involving pawn brokers and dealers in precious metals and gems in order to locate stolen property,positively identify those responsible for disposing of stolen property and returning the property to its rightful owner;and WHEREAS,Augusta,Georgia further finds that the pawn industry in Augusta,Georgia currently processes approximately 3,800 transactions per month and the number oftransactions has outgrown Augusta,Georgia's ability manually to effectively or efficiently process transactions and identify criminal activity;and WHEREAS,the purpose ofthis ordinance is to provide an enhanced ability for the Sheriffs Office to electronically monitor pawn transactions and transactions involving dealers in precious metals and gems,to improve reporting procedures thus increasing the likelihood ofidentifying criminal activity and returning stolen property to its rightful owner,to enhance regulations governing itinerant dealers in precious metals and gems,and to develop regulations to enforce the requirements ofState law concerning dealers in precious metals and gems;and WHEREAS,Augusta,Georgia finds that by enacting this ordinance the Richmond County Sheriffs Office will be better able to protect the property of citizens,identify and arrest those responsible for crimes,and increase public safety; NOW,BE IT ORDAINED BY THE AUGUSTA,GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL BROKERS,PAWNBROKERS,DEALERS IN PRECIOUS METALS OR GEMS,AND ITENERANT DEALERS IN PRECIOUS METALS OR GEMS OPEARATING WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA,GA CODE,AS FOLLOWS: SECTION 1.SECTION 6-6-1 THROUGH SECTION 6-6-15 OF AUGUSTA,GA.CODE TITLE SIX,CHAPTER SIX AS SET FORTH IN THE AUGUSTA,GA.CODE,ARE HEREBY AMENDED BY STRIKING THESE SECTIONS IN THEIR ENTIRETY.NEW Attachment number 2 \nPage 1 of 22 Item # 2 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.This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3.All ordinances or parts ofordinances in conflict herewith are hereby repealed. Adopted this 21stday of ~Ma~yL..-__'2013. David S.Copenhaver As its Mayor IVIlIJ2Y ~st:~J 'tnm~ Lena J.Bonner,erk f ommlSSlOn Seal: 1st Reading May 7,2013 Published in the Augusta Chronicle June 6,2013 Attachment number 2 \nPage 2 of 22 Item # 2 CERTIFICATION ~.M~Y ~Cl.?A4JS1CI The undersigned Clerk of Commission,Lena J.B61mer,hereby certifies that the foregoing Ordinance was duly adopted by the Augusta,Georgia Commission on May 21 ,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). Published in the Augusta Chronicle. Date:June 6,2013 1st reading 5-7-13 Attachment number 2 \nPage 3 of 22 Item # 2 ORDINANCE NO.7409----- AN ORDINANCE to AMEND THE AUGUSTA,GEORGIA CODE,TITLE 6 CHAPTER 6,SECTION 6-6-1 THROUGH SECTION 6-6-36,TO PROVIDE OPERATING STANDARDS FOR BROKERS,PAWNBROKERS,DEALERS IN PRECIOUS METALS OR GEMS,AND ITINERANT DEALERS IN PRECIOUS METALS OR GEMS;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,Augusta,Georgia finds that while pawnbrokers and dealers in precious metals and gems provide a valuable service to citizens,they may also inadvertently provide opportunity for criminals to sell stolen property which can be easily and quickly disposed of;and WHEREAS,Augusta,Georgia also finds that in accordance with State law public safety regulation is warranted in transactions involving pawn brokers and dealers in precious metals and gems in order to locate stolen property,positively identify those responsible for disposing of stolen property and returning the property to its rightful owner;and WHEREAS,Augusta,Georgia further finds that the pawn industry in Augusta,Georgia currently processes approximately 3,800 transactions per month and the number oftransactions has outgrown Augusta,Georgia's ability manually to effectively or efficiently process transactions and identify criminal activity;and WHEREAS,the purpose ofthis ordinance is to provide an enhanced ability for the Sheriffs Office to electronically monitor pawn transactions and transactions involving dealers in precious metals and gems,to improve reporting procedures thus increasing the likelihood of identifying criminal activity and returning stolen property to its rightful owner,to enhance regulations governing itinerant dealers in precious metals and gems,and to develop regulations to enforce the requirements of State law concerning dealers in precious metals and gems;and WHEREAS,Augusta,Georgia finds that by enacting this ordinance the Richmond County Sheriffs Office will be better able to protect the property of citizens,identify and arrest those responsible for crimes,and increase public safety; NOW,BE IT ORDAINED BY THE AUGUSTA,GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL BROKERS,PAWNBROKERS,DEALERS IN PRECIOUS METALS OR GEMS,AND ITENERANT DEALERS IN PRECIOUS METALS OR GEMS OPEARATING WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA,GA CODE,AS FOLLOWS: SECTION 1.SECTION 6-6-1 THROUGH SECTION 6-6-15 OF AUGUSTA,GA.CODE TITLE SIX,CHAPTER SIX AS SET FORTH IN THE AUGUSTA,GA.CODE,ARE HEREBY AMENDED BY STRIKING THESE SECTIONS IN THEIR ENTIRETY.NEW Attachment number 2 \nPage 4 of 22 Item # 2 Chapter 6 SECONDHAND GOODS ARTICLE 1.BROKERS,PAWNBROKERS,DEALERS IN PRECIOUS METALS OR GEMS,AND ITENERANT DEALERS IN PRECIOUS METALS OR GEMS. Sec.6-6-1.Definitions. As used in this article,the following terms have the following meanings: (a)"Broker"means any person engaged,in whole or in part,in the business of buying or selling tangible personal property,goods or merchandise ofany description from persons or sources other than manufacturers or business tax certified dealers. (b)"Dealer in precious metals or gems"means any person engaged at a permanent location in Richmond County in the business ofpurchasing 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. (c)"Electronic Reporting System"means a computer based system,as specified by the Sheriff,which is designed to record and transmit data and information electronically. (d)"Fingerprint requirement"means each person selling any property shall submit to having the fingerprint ofthe right hand thumb,unless such thumb is missing,in which event the print ofthe 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 ofthe 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.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. Attachment number 2 \nPage 5 of 22 Item # 2 (e)"Gems"means any precious or semiprecious stone which is cut and polished. (f)"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 oftime 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. (g)"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. (h)"Numismatic coins"means coins whose value as collectors'items exceeds the value ofthe content ofthe precious metals in the coins. (i)"Pawnbroker"means any person engaged in whole or in part in the business of lending money on the security ofpledged goods,or in the business ofpurchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period oftime,or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as a part ofor in conjunction with the business activities described in this section. CD "Pawn orpledge"means a bailment ofpersonal property as security for any debt or engagement,redeemable upon certain terms and with the power ofsale on default. (k)"Pawnshop"means any business wherein a substantial part thereof is to take or receive,by way ofpledge,pawn,consignment or exchange,any goods,wares, merchandise,or any kind ofpersonal property whatever,as security for the repayment of money lent thereon. (1)"Pawnshop transaction"means to take or receive any article ofproperty or, from any customer,by pawning,pledging,trading,exchanging,purchasing,or other means. (m)"Person"means an individual,partnership,corporation,joint venture,trust, association or any other legal entity however organized. Attachment number 2 \nPage 6 of 22 Item # 2 (n)"Precious metals"means gold,silver,or platinum or any alloy containing gold, silver,or platinum. (0)"Proper identification"means anyone ofthe 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 ofthe customer; (3)A valid United States passport; (4)A valid employee identification card containing a photograph ofthe customer and issued by any branch,department,agency,or entity ofthe 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 ofthe customer;or (6)A valid tribal identification card containing a photograph ofthe customer. (p)"Third party administrator"means any individual,business or corporation designated by the Sheriffto administer the reporting requirements ofthis ordinance. Sec.6-6-2.Responsibility for Enforcement. The Richmond County Sheriffs Office shall have the responsibility for the enforcement ofthis article.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 ofverifying compliance with the requirements ofthis chapter and state law.This section is not intended to limit the authority ofany other Augusta, Georgia officer or employee to conduct inspections authorized by other provisions ofthe 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,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 ofthe Augusta- Richmond County Code. Attachment number 2 \nPage 7 of 22 Item # 2 Sec.6-6-4.Requirements ofthis Article in addition to requirements ofTitle 2, Chapter 1. The provisions ofthis 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.Nothing in this Chapter shall relieve pawnbrokers or dealers in precious metals or gems from the necessity of complying with state law. Sec.6-6-6.Application:Broker,Pawnbroker,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 ofthe 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 ofthe applicant for the business tax certificate,and the home address and telephone number ofsaid applicant? (e)Where has applicant resided for the six (6)months preceding the date ofthis 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 ofsaid applicant? (h)What are the names and addresses ofall persons having an interest in said business? (i)What interests do such persons have? U)Who is the landlord or owner ofsaid 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 ofany violation oflaw (other than minor traffic violations)in any locality? (2)Served time in prison,or other correctional institution? (1)Ifthe answer to section (1)ofthe above question is 'yes',state circumstances in detail.Information must be complete as to dates,charges,court ofjurisdiction,and disposition for each person.Ifthe answer to section (2)ofthe above question is 'yes',state circumstances in detail.Information must be complete as to charge on which convicted,name ofprison or correctional institution,length oftime served, date ofrelease from prison or correctional institution,or whether on probate or parole,and the terms thereof. Attachment number 2 \nPage 8 of 22 Item # 2 (m)Give the name,home address and telephone number and place of employment oftwo (2)persons who are residents ofthis county,who are familiar with your character and reputation. All ofthe foregoing infonnation is hereby given and all ofthe 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 of20_. Notary Public Sec.6-6-7.Regulatory fee. Any person,finn or corporation who does business in Augusta-Richmond County as a Broker,Pawnbroker,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)ofthe Augusta-Richmond County 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 article whenever a person,finn or corporation doing business shall deviate from the nonnal operation for which the business tax certificate was obtained or fails in perfonnance to meet the required regulations and code as set forth by the Planning and Development Department,Sheriffs office or Health department;or violates any law or ordinance ofthe 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 ofa nuisance law;or when the health,morals,interests and convenience ofthe public demand the suspension ofsuch 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,pennanently 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 ofthe license. Whenever,in the opinion ofthe Planning and Development Department,there is cause to revoke the license,a written notice ofintention to revoke it shall be furnished the holder thereofthree (3)days before a regular or called meeting ofthe Commission at which time the holder ofthe license may make such showing as he/she may deem proper.After a hearing,the Commission may revoke the license Attachment number 2 \nPage 9 of 22 Item # 2 if,in its discretion,it is in the best interest,peace and good order ofAugusta, Georgia,or there has been any violation ofthe ordinances and code ofAugusta, Georgia,or the laws ofthe State of Georgia or the United States in the conduct of the place ofbusiness. Sec.6-6-9.Conduct of business. The following rules and regulations are hereby established,and shall govern the conduct and operation ofevery such place of business,and every person owning and operating such place ofbusiness. Sec.6-6-10.Daily Electronic Reporting. (a)All businesses regulated by this article 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 ofthe business.The daily electronic reporting shall be by an electronic reporting system required by the Sheriff.Every pawnshop shall enter each transaction as it occurs into the electronic reporting system via the internet to the administrator ofthe electronic reporting system.The administrator ofthe electronic reporting system will electronically transmit all transactions to the police department. (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 the business. Sec.6-6-11.Recordkeeping Requirements.Brokers and Pawnbrokers. All Brokers and Pawnbrokers shall maintain records documenting all pawnshop transactions as follows: (a)At the time ofthe actual transaction pawnbrokers shall complete the transaction form designated by the Sheriff.A pawnbroker shall maintain a copy ofthe completed transaction form on the licensed premises for at least 1 year after the date ofthe transaction.However,the pawnbroker shall maintain a copy ofthe transaction form either on premise or offpremise at a location within Richmond County approved by the Sheriff for not less than 4 years.Such records may be kept electronically as long as a copy ofthe electronic records can be provided to the Sheriff or other law enforcement agency upon demand. (b)The record required above shall contain: Attachment number 2 \nPage 10 of 22 Item # 2 (1)The time,date,and place ofthe transaction. (2)A complete and accurate description ofthe goods acquired,including the following information,if applicable: a.Brand name. 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 ifknown,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 offirearms,the type of action,caliber or gauge,number ofbarrels,barrel length,and finish. i.Any other unique identifying marks,numbers,or letters. j.The price paid for the goods purchased. k.A digital photograph ofthe items purchased. (3)The Broker and Pawnbroker 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 ofthe person including: a.Full name,current residential address,workplace,and home and work phone numbers. b.Height,weight,date ofbirth,race,gender,hair color,eye color,and any other identifying marks. c.A Photo copy ofthe seller's proper identification. d.A digital reader fingerprint ofthe 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 ofidentification exhibited,the issuing agency,and the number thereon. (5)The seller shall sign a statement verifying that the seller is the rightful owner ofthe 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,his employees or agents,shall make correct and truthful entries ofthe above-required information in the daily electronic reporting required in Section 6-6-10. (b)It shall be unlawful for person engaged in the business ofpawnbroker 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. Attachment number 2 \nPage 11 of 22 Item # 2 Sec.6-6-13.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 ofage. Sec.6-6-14.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 ofpawn 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.6-6-15.Premises open to Sheriff. Every Broker and Pawnbroker shall admit to his premises any Sheriffs deputy, who in the performance ofofficial lawful duties as prescribed by the Sheriffmay desire at any time to search for articles missing or stolen,or to make any inspection authorized by this article,without the formality ofa search warrant. Sec.6-6-16.Inspection ofpledges and purchases and records. All articles pledged or sold to pawnbrokers 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 ofthe Sheriff's Office shall be subject to inspection and examination by the Sheriff. Sec.6-6-17.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 ofpersonal property,shall hold the goods so taken in pawn or purchase for at least 30 days before disposing ofthe goods by sale,transfer,shipment or otherwise. b)The Richmond County Sheriffs Office has the authority to place property that is the subject oflaw enforcement investigation on "law enforcement hold."In that event,the Richmond County Sheriffs Office shall notify the pawnbroker ofthe need for a police hold and identify all property subject to the police hold.Upon notification,it shall be the responsibility ofthe 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.6-6-18.Pawnbrokers;amount ofloan. Upon all articles pawned the pawnbroker may advance such sum and for such time as may be agreed on with the pawner. Sec.6-6-19.Sale ofunredeemed articles;pawner's right ofredemption. Attachment number 2 \nPage 12 of 22 Item # 2 Upon the failure of the pawner to redeem the articles pledged at the time agreed on,the pawnbroker may,after the expiration of30 days,sell such articles; provided,that six (6)daily notices ofsale are given through two (2)newspapers; provided,further,that the pawner shall have the privilege ofredeeming such articles up to the time ofthe sale. Sec.6-6-20.Pawn tickets. It shall be unlawful for any pawnbroker to fail to deliver to the pawner,at the time ofthe 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.6-6-21.Sign. It shall be unlawful for any pawnbroker to fail to affix the usual pawnbroker's sign, a three-ball pendant,to his place ofbusiness,within five days after receiving his pawnbroker's business tax certificate. Sec.6-6-22.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 Sherifrs Office ofsuch loans or purchases,and shall in all other respects be subject to and governed by the provisions ofthis article regulating the business ofa pawnbroker. Sec.6-6-23.Penalties. (a)Any person running a business as a Broker or Pawnbroker,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 ofthe pawnbroker violating the provisions ofany 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 ofthe provisions ofthis chapter shall be punished as provided by Section 1-6-1,and,in addition,by the revocation ofthe regulatory permit ofthe dealer in precious metals or gems violating the provisions ofany 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 ofthe provisions ofthis chapter shall be punished as provided by Section 1-6-1,and,in addition,by the revocation ofthe regulatory permit ofthe 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.6-6-24.Notice ofintent to conduct business. Attachment number 2 \nPage 13 of 22 Item # 2 (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 ofthe Augusta,GA Code. Sec.6-6-25.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 Sheriffs 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 Sheriffs Office. (b)The registration and permit application shall contain the full name,business address,home address and date of birth ofthe dealer together with the full names, home addresses,and dates of birth ofall other persons having an ownership interest or actually employed in the business other than publicly held corporations. In the case ofa corporation,this list shall include full names,dates ofbirth and titles of corporate officers and owners often or more percent ofthe 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 10 percent ofthe outstanding shares ofa publicly held corporation,has been convicted of a felony under the laws ofthis state or any other state or the United States.This subsection shall not apply to any person who has been convicted ofa felony after ten years have expired from the date of completion ofthe felony sentence.Prior to the issuance ofan occupation tax certificate and the regulatory permit,a background investigation shall be required for the stockholders,owner(s),manager(s),and employee(s).Ifthe 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 and permits required by this chapter.In addition,each applicant shall pay an initial registration fee to the Richmond County Sheriffs Office of$25.00 to cover the cost ofregistering such persons.The registration shall be renewed annually upon presentation ofa current tax certificate and regulatory permit by the dealer. (e)It shall be the responsibility ofthe Planning and Development Department to issue and receive payment for the occupation tax certificate. (f)It shall be the responsibility ofthe Sheriff or designee to issue and receive payment for the regulatory permit.The cost ofthe regulatory permit shall be $25.00 for each individual listed on the application and shall be used to cover the Attachment number 2 \nPage 14 of 22 Item # 2 cost ofthe criminal history(s)and background investigation ofthe applicant(s) investigation in addition to any fees charged by the State.The Director ofPlanning and Development or his designated representative shall submit the application after filing to the Sheriffs Office.Each applicant authorizes the Sheriffs 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 ofAugusta,Georgia or its agents for obtaining and using such information,and agrees to indemnify and hold Augusta,Georgia harmless against the claims ofany person listed by the applicant on the application and by doing so has authorized Augusta,Georgia to investigate.The Sheriffs 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 Sheriffs Office shall submit the results ofthe investigation to the Director ofPlanning and Development or his designated representative within 30 days ofsubmission. (g)All applications shall contain the address ofthe premises upon which the business is conducted and the zoning classification ofthe premises. (h)Each dealer shall be required to notify the Richmond County Sheriffs Office in writing within seven calendar days ofany change ofaddress ofthe dealer or business or any change of ownership in the business.A copy ofthe change of address or ownership in the business shall be transmitted to the sheriffofthe county within seven days ofthe notification. Sec.6-6-26.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 ofprecious metals or gems or goods made from precious metals or gems the following: (1)The date and time ofthe purchase; (2)The name ofthe person making the purchase from the seller; (3)The name,age,and address ofthe seller ofthe items purchased and the distinctive number from such seller's driver's license or other proper identification as defined herein,containing a photo ofthe seller; (4)A photocopy ofthe 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~ Attachment number 2 \nPage 15 of 22 Item # 2 (6)A clear and accurate identification and description ofthe 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 ofthe image to the appropriate law enforcement agency. (7)The price paid for the goods purchased; (8)The number ofthe check issued for the purchase price,ifpayment is made by check;and (9)The signature ofthe 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 ofprecious 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 ofthe electronic records can be provided to the Richmond County Sheriffs Office or other law enforcement agency upon demand.The record shall be open to the inspection ofany 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 ofthe mailed parcel in lieu of the seller's age and proper identification as required in paragraph (3)of subsection (a)ofthis Code section and in lieu ofthe seller's signature as required in paragraph (7)ofsubsection (a)ofthis Code section. Sec.6-6-27.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 information required in Section 6-6-26(a)(1)-(9)in a form approved or prescribed by the Sheriff ofall precious metals or gems or goods made from precious metals or gems purchased on the day ofthe report. (b)All reports shall be maintained in a secure location under the direct supervision ofthe appropriate Sheriffs 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).(c) Any Sheriffs officer may,in his discretion,authorize any person who demonstrates theft ofprecious metals or gems by the presenting ofan incident report or other similar document to inspect the reports at the Sheriffs Office in an effort to locate stolen property. Attachment number 2 \nPage 16 of 22 Item # 2 Sec.6-6-28.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 ofprecious metals or gems or ofgoods made from precious metals or gems to: (1)Make any false statement in the permit application and registration provided for in Section 6-6-25; (2)fail to maintain and make entries in the permanent record as required by Section 6-6-26; (3)make any false entry in such permanent record; (4)Falsify,obliterate,destroy,or remove from the place ofbusiness 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 ofthe 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 ofpurchase or acquisition; (7)Fail to make the report as required in this Article;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 Article. (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)Ifany 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 ofthe property unless the notice is revoked in writing within the 15 day period. Sec.6-6-29.Applicability ofArticle. (a)This Article 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 Article shall not apply to dealers exclusively engaged in the sale or exchange ofnumismatic coins or to transactions exclusively involving numismatic coins or other coinage. Attachment number 2 \nPage 17 of 22 Item # 2 Sec.6-6-30.Itinerant Dealers in Precious Metals or Gems.Applicability. This section shall be applicable to all itinerant dealers ofprecious metals or gems, whether their sales,trades and purchases are at retail or wholesale or by any form ofpawn.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.6-6-31.Notice ofintent 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 §6-6-3 and §6-6-4 ofthe 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 3 business days prior to the initial advertising,file with the Sheriffs Office an application for a regulatory permit to conduct the business ofitinerant dealer in precious metals or gems in Richmond County. (c)Such application shall include the following: (1)Full name ofthe person,group or association,and its address; (2)The name ofthe person who will be conducting business in Richmond County and his home address,including proper identification as defined; (3)The length ofthe stay in Richmond County,including the dates of opening and closing,at each fixed location not to exceed 15 days; (4)The fingerprints ofthe 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 of6:00 p.m.and 8:00 a.m. Monday through Saturday or during any hours on Sunday. (d)No person who has been convicted ofa felony under the laws ofthis state or any other state ofthe United States shall be eligible to receive a regulatory permit to conduct business as an itinerant merchant ofprecious metals or gems within Richmond County.This paragraph shall not apply to any person who has been convicted ofa felony after ten years have expired from the date ofcompletion of the felony sentence.Prior to the issuance ofthe regulatory permit,a background investigation shall be required for each person who will be conducting business in Richmond County.Ifthe eligibility requirements are met,then the regulatory permit shall be issued for each person meeting the requirements.The provisions of Section 6-6-25(£)shall apply to the background investigation required herein. Attachment number 2 \nPage 18 of 22 Item # 2 (e)Each regulatory permit issued pursuant to this section shall be nontransferable and valid for period oftime 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 ofofficial 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 ofa search warrant. Sec.6-6-32.Records.All itinerant dealers,both salesmen and buyers,ofprecious metals or gems shall keep records wherein shall be entered an accurate description ofall property pledged,traded or sold by them.Such description shall include to the extent possible the name or the make ofthe article,any identifying mark or number,and a statement ofthe kind ofmaterial ofwhich it is made.In such records there shall be entered also the full name and address ofthe person by whom same was deposited or sold,and the time when the same was done,and the name,address,date ofbirth and drivers'license number ofseller;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 ofbusiness in Section 6-6-31 (c)(5)above.Such records may be kept electronically as long as a copy ofthe electronic records can be provided to the Richmond County Sheriffor other law enforcement agency upon demand. Sec.6-6-33.Daily Accurate Report to police. 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,ofall property pledged,traded,bought or sold during the period ofoperation 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 ofthe transaction;the amount paid or advanced,or the item traded;the full description ofarticles,including kind,style, material,color,design,kind and number ofstones in jewelry;and all identifying names,ranks,and numbers;and a description ofpersons trading,buying,selling or pawning,including the name,address,race,weight,height,photocopy ofproper ID and digital thumbprint of said person.(See fingerprint requirement). Sec.6-6-34.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 ofany theft ofcrime,the Attachment number 2 \nPage 19 of 22 Item # 2 dealer,salesman or itinerant buyer shall,upon demand ofthe Sheriff,surrender the same to the Sheriffs Office. Sec.6-6-35.Holding period. Every item covered by this section 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 ofthirty days following the purchase of such item.No person engaging in the purchase ofprecious metals or items as defined this chapter shall sell or otherwise dispose,permit the sale or disposal,remove or permit to be removed from the license holder's place of business,intermingle with other jewelry or stones,alter,change,deface or permit the same ofany such precious metals or stones purchased,until after the expiration ofthirty days from the date ofpurchase. Sec.6-6-36.Unlawful activities. It is unlawful for any itinerant dealer ofprecious metals or gems to purchase any precious metals or gems from any person under 17 years ofage. Attachment number 2 \nPage 20 of 22 Item # 2 CERTIFICATION ~.NqA.-e)l ~CWkJSICI The undersigned Clerk of Commission,Lena J.Benner,hereby certifies that the foregoing Ordinance was duly adopted by the Augusta,Georgia Commission on May 21 ,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). ~~mp~L ~~I lerk ofCommissionIJ.4~Y 1'101JA1JS,(. Published in the Augusta Chronicle. Date:June 6,2013 1st reading 5-7-13 Attachment number 2 \nPage 21 of 22 Item # 2 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.This ordinance shall become effective upon its adoption in accordance with applicable laws. David S.Copenhaver As its Mayor Adopted this 21stday of -=Ma=v'--__,2013. SECTION 3. 1st Reading May 7,2013 Published in the Augusta Chronicle June 6,2013 Attachment number 2 \nPage 22 of 22 Item # 2 Chapter 6 SECONDHAND GOODS ARTICLE 1. BROKERS, PAWNBROKERS, DEALERS IN PRECIOUS METALS OR GEMS, AND ITINERANT DEALERS IN PRECIOUS METALS OR GEMS. Sec. 6-6-1. Definitions. As used in this article, 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 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. (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 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 Attachment number 3 \nPage 1 of 17 Item # 2 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) "Gems" means any precious or semiprecious stone which is cut and polished. (h) "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. (i) "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. (j) "Numismatic coins" means coins whose value as collectors' items exceeds the value of the content of the precious metals in the coins. (k) "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. (l) "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. (m) "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. (n) "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, are not pawnshop transactions. (o) "Person" means an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized. Attachment number 3 \nPage 2 of 17 Item # 2 (p) "Precious metals" means gold, silver, or platinum or any alloy containing gold, silver, or platinum. (q) "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. (r) "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 article. 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. 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 Article in addition to requirements of Title 2, Chapter 1. Attachment number 3 \nPage 3 of 17 Item # 2 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? (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? Attachment number 3 \nPage 4 of 17 Item # 2 (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 article 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 Attachment number 3 \nPage 5 of 17 Item # 2 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 article 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 the business. Sec. 6-6-11. Recordkeeping Requirements. Brokers, and Pawnbrokers and Book Dealers. Except as otherwise provided in section 6-6-12, Aall Brokers, and Pawnbrokers and Book Dealers shall maintain records documenting all pawnshop transactions as follows: Attachment number 3 \nPage 6 of 17 Item # 2 (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. 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: Attachment number 3 \nPage 7 of 17 Item # 2 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, are not subject to the record keeping requirements of this chapter. (b) Book Dealers are 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), provided such Book Dealer meets all of the following requirements: (1) Book Dealer must supply the Sheriff’s Office with annualized gross receipts reflecting that at least 60% of the retail sales of the Book Dealer occurring in Richmond County are of “Books” as defined by this chapter. Such receipts shall be required 60 days following the effective date of this ordinance for the year 2014 and on or before February 1 each year thereafter. In the event annualized gross receipts reflect less than 60% book sales, the Book Dealer must comply with all of the record keeping requirements of section 6-6-11 within 60 days. Attachment number 3 \nPage 8 of 17 Item # 2 (2) Book Dealer must make a high quality video recordings of each transaction wherein the Book Dealer is purchasing an item regulated by this chapter from retail customers; 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. (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 Attachment number 3 \nPage 9 of 17 Item # 2 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 article 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 1-6-1, and, in addition, by the revocation of the regulatory permit of the dealer in precious metals Attachment number 3 \nPage 10 of 17 Item # 2 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 and permits required by this chapter. In addition, each applicant shall pay an initial registration Attachment number 3 \nPage 11 of 17 Item # 2 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; (2) The name of the person making the purchase from the seller; Attachment number 3 \nPage 12 of 17 Item # 2 (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 information required in Section 6-6-27(a) (1)-(9) in a form approved or prescribed by the Sheriff Attachment number 3 \nPage 13 of 17 Item # 2 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 Article; 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 Article. Attachment number 3 \nPage 14 of 17 Item # 2 (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 Article. (a) This Article 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 Article 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; Attachment number 3 \nPage 15 of 17 Item # 2 (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. Sec. 6-6-34. Daily Accurate Report to policeSheriff’s Office. Attachment number 3 \nPage 16 of 17 Item # 2 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 provide 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 provide 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 CDs, DVDs, Video Games, Cassette Tapes and Audio Records unless the cash amount to be paid to one seller of such items exceeds $100.00 during a 24 hour period. 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 3 \nPage 17 of 17 Item # 2 Public Safety Committee Meeting 11/12/2013 1:05 PM Approve the implementation of an Augusta Government Channel. Department:Information Technology Caption:Approve the implementation of an Augusta Government Channel. Background:Historically, Augusta has relied on conventional media outlets to convey information publically. Previously, Public Service Announcements (PSAs) in conjunction with radio and television have been used, when necessary, to promote City events, agendas, etc. and to televise Committee and Commission Meetings. A government channel will provide another means to accomplish these items and provide additional government transparency. Augusta has used mass media, in the past, when a need to convey information to Augusta’s citizens and visitors has arisen. This method was costly and was only used when necessary. It was not used to promote citizen engagement or publicize program information. Analysis:As constituent’s desire to be informed has increased, Information Technology has investigated possible methods of delivering information to the citizens of Augusta. Other agencies, of similar size and geography, have successfully utilized a dedicated government channel. A local cable provider has agreed to allow Augusta to use a dedicated channel for this purpose, at no charge and a Memorandum of Understanding (MOU), see attached draft, would govern the use of this channel. Several local stations and production companies are interested in partnering with Augusta to assist with the recording and production of program material. Additionally, internal staff and interns would be used, when possible, to reduce costs. Expenses related to this are included in the 2014 proposed operating budget for the government channel, see attached. Augusta would use this channel to provide information on existing SPLOST Projects, Government Initiatives, Safety Programs, Community Announcements, Live Event Broadcasting, Job Listings, etc., see attached. The Augusta Government Channel can also produce training videos for internal use and for televising, as needed. Additionally, the equipment and personnel will be used to edit Committee and Commission Meetings to produce a more professional product than can currently be produced without the use of multiple cameras and Cover Memo Item # 3 editing equipment. Financial Impact:The capital cost to start the program is estimated at approximately $171,850 for equipment, see attached capital cost breakdown. The annual ongoing cost to operate the government channel is estimated at $90,052 and is to be included in 2014 budget request, if approved: (This will include staffing, maintenance, etc.) Alternatives:Not implement an Augusta Government Channel and continue to use other available media outlets Recommendation:Approve the implementation of an Augusta Government Channel. Funds are Available in the Following Accounts: If approved, funds will be requested in the 2014 budget. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 3 (Insert Cervice Provider) and the City of Augusta, GA – MOU Version 1.0 –Created on 11/1/2013 2:52:00 PM Page 1 of 4 Memorandum of UnderstandingMemorandum of UnderstandingMemorandum of UnderstandingMemorandum of Understanding For For For For Augusta Government ChannelAugusta Government ChannelAugusta Government ChannelAugusta Government Channel by and betweenby and betweenby and betweenby and between (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) Cable CommunicationsCable CommunicationsCable CommunicationsCable Communications andandandand City of City of City of City of AugustaAugustaAugustaAugusta, GA, GA, GA, GA This Memorandum of Understanding (hereinafter referred to as “MOU”) is entered into this __th day of ____, 20__ (hereinafter referred to as the "Effective Date"), by and between (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) Cable Communications (hereinafter referred to as "(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)"), and the City of Augusta, GA (hereinafter referred to as "Augusta"). WHEREAS, (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) is a franchise holder and cable system operator in the City of Augusta; WHEREAS, Augusta seeks to operate a government channel on (Insert Service (Insert Service (Insert Service (Insert Service Provider)Provider)Provider)Provider) Cable Communications’ network. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Roles and Responsibilities a. Augusta shall provide all programming necessary to fill a Government Channel for twenty four-hours per day. b. Augusta shall be responsible for the expense, procurement and installation of all equipment necessary to provide twenty-four hour programming. Attachment number 1 \nPage 1 of 4 Item # 3 (Insert Cervice Provider) and the City of Augusta, GA – MOU Version 1.0 –Created on 11/1/2013 2:52:00 PM Page 2 of 4 c. Augusta shall transmit our channel content live and stream content twenty-four hours per day. d. Augusta agrees to produce professional programming and channel content. e. Augusta shall provide a place of demarcation for the termination of a connection to (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) at 530 Greene Street. f. (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider)) shall provide a connection for Augusta to transmit a live feed for Augusta’s Government Channel. g. (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) shall provide Augusta with the channel designation thirty (30) days prior to the projected go live date for Augusta’s Government Channel. 2. Reporting (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) shall provide any available assistance and/or statistics that may be useful regarding viewership to Augusta. 4. Term The “Term” of this MOU shall begin on the Effective Date. The “Term” of the MOU shall be for one (1) four (4) year term followed by two (2) three (3) year terms which will automatically renew. 5. Termination Either party may terminate this MOU for cause. “Cause” shall mean a breach or default of roles and responsibilities that are incapable of cure. 6. Notices All notices, requests, or other communications hereunder shall be in writing and either transmitted via overnight courier, hand delivery or certified or registered mail, postage prepaid and return receipt requested to the parties at the following addresses. Notices will be deemed to have been given when received. Attachment number 1 \nPage 2 of 4 Item # 3 (Insert Cervice Provider) and the City of Augusta, GA – MOU Version 1.0 –Created on 11/1/2013 2:52:00 PM Page 3 of 4 Primary ContactPrimary ContactPrimary ContactPrimary Contact To (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) To Augusta (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) Cable Cable Cable Cable CommunicationsCommunicationsCommunicationsCommunications The CityThe CityThe CityThe City oooof f f f AugustaAugustaAugustaAugusta, GA, GA, GA, GA (Insert Street)(Insert Street)(Insert Street)(Insert Street) 530 Greene Street530 Greene Street530 Greene Street530 Greene Street (Insert City, State, Zip Code)(Insert City, State, Zip Code)(Insert City, State, Zip Code)(Insert City, State, Zip Code) AugustaAugustaAugustaAugusta, , , , GA GA GA GA 30901309013090130901 (Insert Office Number)(Insert Office Number)(Insert Office Number)(Insert Office Number) ((((706) 821706) 821706) 821706) 821----1833 (Office)1833 (Office)1833 (Office)1833 (Office) (Insert Fax Number)(Insert Fax Number)(Insert Fax Number)(Insert Fax Number) (706) 821(706) 821(706) 821(706) 821----1835(Fax)1835(Fax)1835(Fax)1835(Fax) Attn:Attn:Attn:Attn:(Insert Contact Information)(Insert Contact Information)(Insert Contact Information)(Insert Contact Information) Attn: Mayor Deke CopenhaverAttn: Mayor Deke CopenhaverAttn: Mayor Deke CopenhaverAttn: Mayor Deke Copenhaver Secondary Contact To (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) To Augusta (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) Cable Cable Cable Cable CommunicationsCommunicationsCommunicationsCommunications AdministratAdministratAdministratAdministrator’s Officeor’s Officeor’s Officeor’s Office (Insert Street)(Insert Street)(Insert Street)(Insert Street) 530 Greene Street530 Greene Street530 Greene Street530 Greene Street (Insert City, State, Zip Code)(Insert City, State, Zip Code)(Insert City, State, Zip Code)(Insert City, State, Zip Code) AugustaAugustaAugustaAugusta, , , , GA GA GA GA 30901309013090130901 (Insert Office Number)(Insert Office Number)(Insert Office Number)(Insert Office Number) (706) 821(706) 821(706) 821(706) 821----2400240024002400 (Office)(Office)(Office)(Office) (Insert Fax Number)(Insert Fax Number)(Insert Fax Number)(Insert Fax Number) (706) 821(706) 821(706) 821(706) 821----2819281928192819(Fax)(Fax)(Fax)(Fax) Attn:Attn:Attn:Attn: (Insert Contact Information)(Insert Contact Information)(Insert Contact Information)(Insert Contact Information) Attn: Attn: Attn: Attn: Tameka Allen, Deputy AdTameka Allen, Deputy AdTameka Allen, Deputy AdTameka Allen, Deputy Administratorministratorministratorministrator Attachment number 1 \nPage 3 of 4 Item # 3 (Insert Cervice Provider) and the City of Augusta, GA – MOU Version 1.0 –Created on 11/1/2013 2:52:00 PM Page 4 of 4 8. Waiver and Severability The waiver by either party of any breach of any provision of this MOU shall not be deemed to be a waiver of such provision on any subsequent breach of the same or any other provision of this MOU. Any such waiver must be in writing in order to be effective, and no such waiver shall establish a course of performance between the parties contradictory to the terms hereof. All provisions of this MOU are severable, and the unenforceability or invalidity of any of the provisions will not affect the validity or enforceability of the remaining provisions. The remaining provisions will be construed so as to carry out the full intention of the parties. 9. HOLD Harmless Except as otherwise provided in this MOU, (Insert Ser(Insert Ser(Insert Ser(Insert Service Provider)vice Provider)vice Provider)vice Provider) shall indemnify and hold harmless Augusta, and its employees and agents from and against liabilities, claims, suits, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from the production of government channel programming. 10. Governing Law This MOU shall be governed by and interpreted in accordance with the laws of the State of Georgia. IN WITNESS WHEREOF the parties have executed this MOU on the date first written above. (Insert Service Provider)(Insert Service Provider)(Insert Service Provider)(Insert Service Provider) CaCaCaCable ble ble ble CommunicationsCommunicationsCommunicationsCommunications AugustaAugustaAugustaAugusta By: ___________________________ By: ___________________________ Name: ___________________________ Name: ___________________________ Title: ___________________________ Title: ___________________________ Date: ___________________________ Date: ___________________________ Attachment number 1 \nPage 4 of 4 Item # 3 Augusta Government Channel (AGC) November 1, 2013 Version #4 Mission Statement AGC-TV offers the public a wide range of programming primarily designed to show the community how to interact with their local government and how their local government functions. AGC-TV strives to provide a link between the public and city government officials and departments. Our mission is to provide the citizens of Augusta and visitors to Augusta with timely, accurate, and complete government information. AGC-TV will provide coverage of City Commission and Committee Meetings and to inform the citizens of Augusta of events, activities, and news about or affiliated with the Augusta government, and to promote the work of the City. Vision Our vision is to be the most professional, accurate and relevant government channel in the nation by providing government and community news and information to the citizens of Augusta and visitors to Augusta through the use of programming on AGC-TV’s 24 hour channel. Operational Definition Augusta Government Channel (AGC) is an in-house television station owned, managed, and operated by the City of Augusta. AGC-TV provides 24 hours of government programming and public service announcements. Goals 1. To make City Government more accessible to citizens of Augusta by providing coverage of City Commission and Committee meetings as well as other Board Meetings, public meetings and hearings deemed important. 2. To increase awareness and use of government services through video programming and electronic bulletin boards. 3. To be a source of information in emergency situations. Attachment number 2 \nPage 1 of 3 Item # 3 General Guidelines The fundamental purpose of AGC-TV is to promote the education of the citizens of Augusta, Georgia concerning City government by televising City Commission and Committee meetings as well as other Board Meetings, public meetings and hearings deemed important, as well as announcements of City government meetings, City events, and general information related to Augusta, Georgia that is related to the health, safety and welfare of the citizens of Augusta, Georgia. General Policies 1. AGC-TV may publicize City government meetings, services, events, employment opportunities, as well as other public announcements or other information from other local, state, and federal governmental entities. 2. AGC-TV will also provide citizens with information and procedures in the event of emergency situations (severe weather, civil emergencies, failure of municipal service or systems, hazardous waste releases, etc). Emergency messages will take priority over all other programming until the emergency situation is resolved. 3. At a minimum, all regular Commission and Committee meetings will be broadcast and covered gavel to gavel with no interruptions. The only exception to uninterrupted coverage is a legally allowable executive session or due to technical difficulties. There will be no editorial comment. Council meetings may be videotaped. 4. All videotapes of meetings or AGC-TV produced programming shall be the property of AGC-TV. In general, tapes of produced programs, meetings, and events will be retained for up to six (6) months. However, Commission and Committee meetings, and public hearings and forums will be archived in the AGC-TV studio for one (1) year. After one (1) year, these tapes will be moved to the records department for three (3) years. At the end of this time, tapes may be reused or stored in a form other than the original version. Requests for longer retention will be allowed on a case-by-case basis. 5. Telecasts of meetings and/or videotaped copies of live telecasts are not the official record of the meeting, and there shall be no liability by the City or its employees for inaccurate information stated during an aired event. Typed meeting minutes shall serve as the official record of a meeting. Any announcement/message may be edited for space and clarity. 6. Should there be an error in any message displayed; neither the City nor the employee responsible shall be liable for the inaccuracy of the information or for actions taken by anyone as a result of the inaccurate information. Attachment number 2 \nPage 2 of 3 Item # 3 Scheduling 1. Scheduling of programming and electronic bulletin board messages shall be the responsibility of the Station Manager or his/her designee. 2. Scheduling shall be based on the importance of the message/notice to be displayed and as the schedule of the Station Manager permits. The following is a prioritized list of types of announcements that apply to scheduling decisions for AGC-TV: o Emergency messages o Programming of or about meetings of policy-making bodies such as the City Commission, etc. o Programming of various City departments, their services, or issues. o Programming of other state, local or federal government and other publicly funded authorities or agencies legally subject to responding to requests for open records. o Outside programming that presents issues relevant to City government. Outside Programming/Bulletin Board Announcement Policies 1. AGC-TV will display announcements that advertise community, governmental, educational, historical, and health meeting or events, as well as other non-profit functions approved by the Station Manager. 2. Any programming produced by an outside source for broadcast on AGC-TV must be sponsored by and/or affiliated with City Government and approved by the City Administrator or his/her designee. 3. Both announcements and programming shall be non-commercial in nature. No marketing or sales of any commercial product or service will be permitted. 4. Advertising on behalf of or opposing any political candidate, political party or ballot measure is prohibited. Candidates for election may not use the AGC-TV except in performance of their official duties at official meetings or as a citizen addressing a governmental issue at an official meeting. 5. Fundraising or any kind of direct solicitation of funds, except by City departments and officials for public purposes, is prohibited, including but not limited to yard/garage sales, bake sales, etc. 6. AGC-TV will not accept outside production that is shot, edited, or produced with substandard video equipment. The Station Manager will have the authority to decide whether an outside production is substandard. The Station Manager's decision may be appealed to the City Administrator. 7. AGC-TV will not air programming that violates any local, state, or federal law. 8. AGC-TV reserves the right to refuse any programming or announcement request that is in violation of the mission, goal, and general guidelines of this Policy. Attachment number 2 \nPage 3 of 3 Item # 3 1 Augusta Government Channel (AGC) Estimated Capital and Operating Costs November 1, 2013 Revision #3 Capital Item Quantity Description Model Cost 1 1 Studio (see photo) Two Person ews $43,500 2 1 Studio (see photo) Two Person Set $3,500 3 1 Lighting Ceiling Mount $21,400 4 1 Camera (see photo) Fixed Mount HD $13,250 5 1 Camera (see photo) Mobile/JVC HQ100 $8,500 6 1 Camera Controls Remote Access $6,500 7 1 Carrying Case Hard Case w Insert $1,800 8 1 Storage Media Materials $2,500 9 1 Switching Equip.(see photo) exus $15,800 10 1 Computer/PC Desktop $1,700 11 1 Computer/MAC Laptop $2,300 12 1 Editing S/W Tek Speed $18,400 13 1 Editing H/W (see photo) Hardware $14,500 14 1 Leightronix Program WinLGX $4,000 15 1 Adobe, CS6 & Pro 2.0 & 7.0 $6,250 16 1 Tek VT5 Animator $1,850 17 1 Audio Mixer Mackie 1402-VLZ3 $4,200 18 1 Teleprompter $1,900 Total $171,850 Estimates for capital costs assume that the new Commission Chamber is fully funded and operational. Operating Item Quantity Description Model Cost 1 1 Studio Manager One (1) FTE $65,000 2 1 Editing Technician Part Time $5,500 3 1 Supplies Misc. $1,400 4 1 Cellular One (1) Device $1,152 5 1 Production Studio 40 hours @ $175 $7,000 6 1 Printing Misc. $1,500 7 1 Advertising Misc. $3,500 8 1 Professional Services Legal/Copy Right $5,000 Total $90,052 Attachment number 3 \nPage 1 of 7 Item # 3 2 Editing H/W Attachment number 3 \nPage 2 of 7 Item # 3 3 Production Studio (Two Person Set) Attachment number 3 \nPage 3 of 7 Item # 3 4 Camera (Fixed & Mobile) Attachment number 3 \nPage 4 of 7 Item # 3 5 Editing Equipment Attachment number 3 \nPage 5 of 7 Item # 3 6 Production Studio (Two Person News) Attachment number 3 \nPage 6 of 7 Item # 3 7 Switching Equipment Attachment number 3 \nPage 7 of 7 Item # 3 Augusta Government Channel (AGC) (Sample Program Data) November 1, 2013 Revision #2 · Augusta Green Initiative · Utilities Water Safety Program · 311 (How to Report a Problem) · Sheriff’s Office Programming · Community Announcement · Upcoming Events (Civic Center) · Community Announcements · Recreation, Parks and Facilities Programming · Keep Augusta Beautiful (Green Initiative) · AGC-TV News Watch · City Council Meeting · City Committee Meetings · Community Announcements · Job Opportunities · Upcoming Augusta Events · Board Meeting (Pending Board Approval) · Community Announcements · AGC-TV News Watch · Non-Profit Community Programming · City Council Meeting · City Committee Meetings · AGC-TV News Watch · Keep Augusta Beautiful (Green Initiative) · Community Announcements · Recreation, Parks and Facilities Programming · Non-Profit Community Programming · Job Opportunities · Upcoming Sporting Events · Upcoming Cultural Events · State Program Information (All programs will require approval from the appropriate Elected Official or Department Head) Attachment number 4 \nPage 1 of 1 Item # 3 Public Safety Committee Meeting 11/12/2013 1:05 PM Augusta, Fire Deparment Volunteer Fire Fighter and Recure Worker Compensation Department:Fire Department Caption:Motion to approve a resolution authorizing volunteer firefighters and rescue workers of the Augusta, Georgia Fire Department to be covered under Workers' Compensation. Background: Analysis: Financial Impact: Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 4 RESOLUTION A RESOLUTION AUTHORIZING VOLUNTEER FIRE FIGHTERS AND RESCUE WORKERS OF THE AUGUSTA, GEORGIA FIRE DEPARTMENT TO BE COVERED UNDER WORKERS’ COMPENSATION WHEREAS, the Augusta, Georgia Board of Commissioners desires to provide workers’ compensation coverage in the same manner as other Augusta, Georgia employees for certain volunteer fire fighters and rescue workers who perform services for the Augusta, Georgia Fire Department; THE COMMISSION OF AUGUSTA, GEORGIA HEREBY RESOLVES that those individuals providing services for the Augusta, Georgia Fire Department on a volunteer basis as firefighters and rescue workers shall be covered under the workers’ compensation laws of the State of Georgia in the same manner as other Augusta, Georgia employees. Any volunteer firefighter’s or rescue worker’s average weekly wage shall be calculated in accordance with O.C.G.A. §34-9-260(5), as may be amended. Duly adopted this _____ day of November. AUGUSTA, GEORGIA By:____________________________ David S. Copenhaver As its Mayor ATTEST: ________________________________ Lena J. Bonner, Clerk of Commission Attachment number 1 \nPage 1 of 1 Item # 4 Public Safety Committee Meeting 11/12/2013 1:05 PM Automatic Aid Agreement with Hephzibah, Georgia Department:Fire Department Caption:Motion to approve automatic aid agreement with Hephzibah, Georgia. Background:Those Augusta, Georgia residence who live close to the Hephzibah city limits have a higher ISO rating because they are not within five (5) miles of an Augusta, Georgia fire station and therefore have much higher insurance premiums. ISO credits governing authorites for the facilities of any other governing authority with which they have an automtic aid agreement. Analysis:This agreement will greatly improve the ISO rating of Augusta, Georgia residence who are within five (5) miles of the Hephzibah Fire Station but not within five (5) miles of any Augusta, Georgia Fire Station resulting in a significant decrease in their insurance premiums. Financial Impact:None Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 AUTOMATIC AID AGREEMENT This AUTOMATIC AID AGREEMENT (“Agreement”) is entered into this _____ day of October, 2013 by and between the Augusta, Georgia and the City of Hephzibah, Georgia. DUAL RESPONSE AREA 1. Dual Response Area - Geographic Limits. This Agreement shall apply to all fire alarms and structure fires in residential, commercial, recreational and rural properties (“Emergency Incidents”) where the first response is provided by a local fire department. This Agreement applies to all Emergency Incidents received by the Augusta, Georgia Communications Center for addresses or occupancies within the Augusta, Georgia Fire District located within the boundaries defined by: To the North – Hwy 88/Patterson Bridge Road To the West – Bath-Edie Road/Keysville Road To the East – Peach Orchard Road To the South – Augusta/Burke County Line Note: For purposes of this Agreement, the boundary will include both sides of the road way and any property contiguous to either side of the roadway. 2. Situations Where Aid is Provided. All calls for fire services within the defined automatic aid agreement area shall result in an automatic, simultaneous response from both the Augusta, Georgia and City of Hephzibah Fire Departments. To accomplish this, the Augusta, Georgia Communications Center shall simultaneously dispatch both the Augusta, Georgia and City of Hephzibah Fire Departments. This Automatic Aid Agreement shall be in effect 24 hours a day, seven days a week. 3. No Reimbursement for Costs. No party in this Agreement shall be required to reimburse any other party for the cost of providing the services set forth in the Dual Response section of this Agreement. Each party shall pay its own costs for responding to the Emergency Incidents within the described automatic aid Agreement. PERSONNEL AND EQUIPMENT Personnel and Equipment Provided. The Augusta, Georgia Fire Chief and the City of Hephzibah Fire Chief shall establish a response plan regarding the deployment of personnel and equipment in responding to Emergency Incidents under this Agreement. In all cases, responses will be consistent with the established Augusta, Georgia Fire Department alarm package. Any other required personnel and/or equipment will be determined by the incident Commander (as defined below) in his or her sole discretion. In the event that Augusta, Georgia Fire Department responders arrive first at the incident and determine that they can handle the Emergency Incident entirely with their own available resources, then Augusta, Georgia Fire Department shall return the still Attachment number 1 \nPage 1 of 3 Item # 5 responding City of Hephzibah units. If dual response is required, as soon as the Augusta, Georgia Fire Department determines that it has adequate resources to control and extinguish the Emergency Incident, the City of Hephzibah responding units shall be released. INCIDENT COMMAND Command at an Emergency Incident. The first arriving unit on any Emergency Incident will establish an incident command management structure that is consistent with their department protocol. Incident command will be assumed by the highest ranking Augusta, Georgia Fire Department personnel on scene. All responding personnel will operate accordingly under the command structure established. RADIO COMMUNICATIONS Radio Communications. The Augusta, Georgia Communications Center will simultaneously dispatch both Augusta, Georgia and City of Hephzibah fire departments to Emergency Incidents within the described boundary. Responding units to Emergency Incidents within the described boundary will switch their radio traffic to Augusta, Georgia’s assigned tactical channel for the specified incident (i.e. Tac1, Tac2, Tac3, or Tac4). LIABILITY/INDEMNIFICATION Liability/Indemnification. Each party shall waive all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of the performance of this Agreement. Each party shall bear the liability and/or cost of damage to its equipment and the death of, or injury to, its personnel, whether the death, injury or damage occurs at an Emergency Incident within the described boundary. To the extent allowed by law, each department shall indemnify, defend and hold harmless all other parties for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property and/or the death of or injury to private persons whether caused by either department responding within the parameters of this Agreement. Provided, however, nothing contained herein shall expand the immunity of a party granted to it by law. With respect to “Command at the Emergency Incident” as provided for in the “INCIDENT COMMAND” section above, each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of any negligent acts, conduct, instructions or commands given by the individual that assumes command (Incident Commander) at any Emergency Incident. This provision shall not apply to any acts, conduct, instructions or commands given by an officer in the capacity of Incident Commander, which are later determined at anytime to have been grossly negligent, willful, wanton or reckless. Attachment number 1 \nPage 2 of 3 Item # 5 TERMINATION Termination of Agreement. Either party may withdraw from this Agreement by giving ninety (90) days written notice to the other party by certified mail. PRIOR AGREEMENTS Prior Agreements. This Agreement does not cancel or void the current or any subsequent mutual aid agreements between the parties. To the extent that this Agreement conflicts with the current or any subsequent mutual aid agreements, this Agreement controls. ___________________________ ___________________________ Deke Copenhaver Robert Buchwitz Mayor, Augusta, Georgia Chairman, Hephzibah City Council Date ______________________ Date _______________________ Attest: _____________________ Clerk of Commission Attachment number 1 \nPage 3 of 3 Item # 5 Public Safety Committee Meeting 11/12/2013 1:05 PM Fire Department Budget Transfer Request Department:Fire Caption:Approve a request from the Fire Department to use $201,390 from a Fire Department revenue account from sale of property, and $60,000 from fund balance into object codes for the purpose of purchasing uniforms and refurbishing an aerial truck that is currently out of service. The total amount of funds requested is $261,390. Background:Uniforms - The Augusta Firefighters are currently wearing work uniforms made of a poly/cotton blend which is not NFPA compliant. Beginning with the 2013 annual uniform purchase we will be moving to a work uniform made of 100% cotton that is NFPA compliant. Firefighters will get their normal allotment to order uniforms to include shoes, dress uniforms, coats and etc. This money has been budgeted, however, since we are changing the work uniforms and they will not be able to wear the uniforms they have puchcased in the past we would like to purchase each fire suppression firefighter (captain and below) two sets of the work uniform (shirts and pants only) . This will cost an additional $93,000. Aerial Truck (LTI) - The Augusta Fire Department currently owns an aerial truck (LTI) that cannot be driven because it is unsafe due to certain features of the rear cab. We would like put the remaining funds of $108,390 plus $60,000 from the fire depatment fund balance to refurbish this aerial truck and place it back in service. Analysis:Changing the uniforms to 100% cotton NFPA compliant increases firefighter safety. Refurbishing the Aerial Truck will make it possible to place another truck in South Augusta,enhance the efficiency of our response times, and assist in inproving our ISO rating. Financial Impact:$201,390 is available in 274000000-3923110. This revenue was generated from the sale of Fire Department vehicles, lawn equipment, and small equipment through the Fleet Managment Dept. The remaining $60,000 is available in the Fire Department fund balance.Cover Memo Item # 6 Alternatives: Recommendation:To approve the budget adjustments of $261,390 to the revenue account from the sale of property and the fire department fund balance and the appropriate expenditure accounts used to purchase uniforms and to refurbish apparatus. Funds are Available in the Following Accounts: $201,390 from 274000000-3923110 $60,000 from Fire Department Fund Balance REVIEWED AND APPROVED BY: Finance. Fire Department Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 6 Public Safety Committee Meeting 11/12/2013 1:05 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Public Safety Committee held on October 28, 2013. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 7 Attachment number 1 \nPage 1 of 1 Item # 7