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HomeMy WebLinkAbout2013-04-22-Meeting Agenda Public Service Committee Meeting Commission Chamber- 4/22/2013- 12:50 PM PUBLIC SERVICES 1. Approve adding design services for the renovations of the entire Municipal Building, a New IT Building and renovating the three Engineering buildings to Virgo Gambill Architects’ scope of services and an increase in their fees of $579,257. Attachments 2. Discuss the responsibility of the Finance and Procurement Departments in association with the approved Sec. 5307 Augusta Public Transit grant repayment between the Federal Transit Administration (FTA) and Augusta, Georgia for Capital purchase of engines. (Requested by Commissioner Marion Williams) (Referred from April 16 Commission meeting) Attachments 3. Motion to approve Change Order Number 1 to Beam's Contracting, Inc. for $46,927.00 for the addition of a new basketball court and associated site work for Butler Creek Park. Attachments 4. Discussion: A request by Eurl D. Kittles for a Dance license to be used in connection with Club Elite located at 3165 Gordon Hwy. There will be Dance. District 3. Super District 10. (Referred from April 16 Commission meeting) Attachments 5. Motion to approve the Defense Logistics Agency Contract for Augusta Regional Airport as approved by the Augusta Aviation Commission at their March 25, 2013 meeting. Attachments 6. Discussion: consider probation, suspension or revocation of the Business Tax Certificate for the businesses listed below, for failure to pay the Richmond County Health Department fee for services. · Ms. Saundra Milton, d/b/a: The World of Sugie’s Kitchen · Mr. Roan Miranda, d/b/a: Island Café · Ms. Jennifer Tutt, d/b/a: Sit A Spell Coffee House · Mr. Roderick Stokes, d/b/a: S-Bar · Ms. Shavone Stokes, d/b/a: Cream Attachments www.augustaga.gov · Mr. Lawrence Harris, d/b/a: Frankie’s Restaurant · Mr. Shannor Trotty, d/b/a: The Eatery – Base Operation · Ms. Rukiya Faulk, d/b/a: Augusta Dawgs #1 · Mr. Shannor Trotty, d/b/a: Wholesome Convenience Store & Eatery 7. Motion to approve te First Amendment to Avis Budget Car Rental, LLC D/B/A Avis Rent A Car System, LLC Lease Agreement as approved by the Augusta Aviation Commission at their March 25, 2013 meeting. Attachments 8. Motion to approve the First Amendment to Hertz Corporation Car Rental Lease Agreement as approved by the Augusta Aviation Commission at their March 25, 2013 meeting. Attachments 9. Motion to approve the minutes of the Public Services Committee held on March 25, 2013. Attachments 10. Motion to approve an MOU between the City of Augusta and the University of Georgia to allow students of UGA to intern with the Augusta Recreation, Parks and Facilities Department. Attachments 11. Approve amendments to Augusta-Richmond County Code Section 6-6 Secondhand Goods, Article 1 Brokers,so as to provide operating standards for brokers, pawnbrokers, dealers in precious metals or gems and itinerant dealers in precious metals or gems. Attachments Public Service Committee Meeting 4/22/2013 12:50 PM Added scope for Virgo Gambill Architects to include renovations for the entire Municipal Building, a new IT building and renovations for the three buildings housing the Engineering Department all located on the Municipal Building Campus Department:Recreation, Parks and Facilities Caption:Approve adding design services for the renovations of the entire Municipal Building, a New IT Building and renovating the three Engineering buildings to Virgo Gambill Architects’ scope of services and an increase in their fees of $579,257. Background:On September 4, 2012 at their regular meeting the Commissioners approved proceeding with Option 2d for the Augusta Georgia Municipal Building Renovations and Modernization. This was a limited scope with the addition and stair tower and renovations of only the First and Second floors. At the March 11, 2013 special called meeting the Commissioners approved to direct the Administrator to move forward with the renovation of the entire Municipal Building, the construction of a new IT building and renovations of the ancillary buildings located on the Municipal Building Campus. In order to expedite the process to take advantage of having an architect and Construction Manager at Risk on site saving time and funds, the architect of record for the Municipal Building Renovations and Modernization will be tasked with not only taking the design for the entire Municipal Building through to construction but to also provide design services for the new IT Building and renovations for the three Engineering Buildings. Analysis:Having Virgo Gambill Architects complete the design for the entire Municipal Building and provide the design for the IT Building and renovations of the outbuildings will expedite the process and allow the County to take advantage of having a Construction Manager at Risk already mobilized on site. This will save the County time and money. Financial Impact:The additional fee of $579,257 requested by Virgo Gambill Architect was accounted for in funding that was approved by the Commission on March 11, 2013. The breakdown of this amount is” Complete Design for the entire Municipal Building - Cover Memo Item # 1 $148,937.00 Design for the New IT Building - $347,820.00 Design for Engineering Buildings renovations - $82,500.00 Alternatives:1) Approve the additional fees of $579,257 to Virgo Gambill Architects allowing the design for the entire Municipal Building, the New IT Building and the three Engineering buildings to progress. 2) Do not approve the additional fees and stop the project. Recommendation:1) Approve the additional fees of $579,257 to Virgo Gambill Architects allowing the design for the entire Municipal Building, the New IT Building and the three Engineering buildings to progress. Funds are Available in the Following Accounts: Municipal Building GL 328-05-1120 JL 212055101 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Attachment number 1 \nPage 1 of 1 Item # 1 Attachment number 2 \nPage 1 of 3 Item # 1 Attachment number 2 \nPage 2 of 3 Item # 1 Attachment number 2 \nPage 3 of 3 Item # 1 Public Service Committee Meeting 4/22/2013 12:50 PM Augusta Public Transit FTA Repayment Department:Augusta Public Transit Caption:Discuss the responsibility of the Finance and Procurement Departments in association with the approved Sec. 5307 Augusta Public Transit grant repayment between the Federal Transit Administration (FTA) and Augusta, Georgia for Capital purchase of engines. (Requested by Commissioner Marion Williams) (Referred from April 16 Commission meeting) Background:In 2009 APT ordered three replacement engines from Cummings, Inc. Cummings was listed as a sole source provider for this purchase on the requision submitted by the former director of APT. Because of this no competitive bids were obtained. The engines were received and paid for in 2010. While Cummings was the "authorized supplier" for Daimler Bus manufacturer they were not the"sole source" provider of the engines. The lack of competitive bids resulted in a finding in the 2010 audit. Analysis:In 2011 the FTA contacted APT concerning this finding. This issue was brought to the comission during 2012. APT has been negotiating with the FTA since that time to correct this finding . FTA had agreed to allow us to purchase qualifying equipment as the grant expenditure instead of the engines. On March 13th,2013 APT was notified that FTA is now requiring reimbursement of these funds to close the grant. Payment is due March 20,2013. Financial Impact:Augusta Public Transit will have to repay $80,000 to FTA. Alternatives:If not approved this may affect future FTA funding. Recommendation:Approve the repayment. Funds are Available in the Following Accounts: Funds available general fund contingency fund. Cover Memo Item # 2 REVIEWED AND APPROVED BY: Cover Memo Item # 2 Attachment number 1 \nPage 1 of 2 Item # 2 Attachment number 1 \nPage 2 of 2 Item # 2 Attachment number 2 \nPage 1 of 1 Item # 2 Public Service Committee Meeting 4/22/2013 12:50 PM Butler Creek Park Development Court Addition Department:Recreation, Parks and Facilities Caption:Motion to approve Change Order Number 1 to Beam's Contracting, Inc. for $46,927.00 for the addition of a new basketball court and associated site work for Butler Creek Park. Background:Butler Creek Park Project is a SPLOST VI project approved by the Augusta Commission. The new park development is one of only two parks located in Commission District 6. The project continues to be supported whole heartedly by the residents in and around the Northview community and through the voice of the Northview Neighborhood Association. Analysis:Based on community support and through the request of the Northview Neighborhood Association, the addition of an outdoor basketball court would add an additional recreational element to this park that will include a walking trail, playground area, comfort station, and plenty of green space along Butler Creek that flows through the southern part of the property. Access to the basketball court will be directly off Carmichael Drive. Financial Impact:The change in the original contract to Beam's Contracting will add $46,927.00. Funds are available in SPLOST VI. Alternatives:1. To approve Change Order 1 to Beam's Contracting in the amount of $46,927.00 for the addition of a basketball court. 2. Move No Action thus delaying the construction of this requested park improvement that will add recreational value to this development. Recommendation:1. To Approve. Funds are Available in the Following Accounts: 328061110 - 211066901 Cover Memo Item # 3 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 3 Attachment number 1 \nPage 1 of 4 Item # 3 Attachment number 1 \nPage 2 of 4 Item # 3 Attachment number 1 \nPage 3 of 4 Item # 3 Attachment number 1 \nPage 4 of 4 Item # 3 Public Service Committee Meeting 4/22/2013 12:50 PM Dance Hall Department:Planning & Development Caption:Discussion: A request by Eurl D. Kittles for a Dance license to be used in connection with Club Elite located at 3165 Gordon Hwy. There will be Dance. District 3. Super District 10. (Referred from April 16 Commission meeting) Background:This is a new application. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance regulating Dance. Financial Impact:The applicant will pay a fee of $121.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4 Attachment number 1 \nPage 1 of 2 Item # 4 Attachment number 1 \nPage 2 of 2 Item # 4 Public Service Committee Meeting 4/22/2013 12:50 PM Defense Logistics Agency Contract Department:Augusta Regional Airport Caption:Motion to approve the Defense Logistics Agency Contract for Augusta Regional Airport as approved by the Augusta Aviation Commission at their March 25, 2013 meeting. Background:Defense Logistics Agency contract provides contract fuel for all US Government and other authorized aircraft transiting Augusta Regional Airport. Current contract expires March 31, 2013. New contract term is for four (4) years, April 1, 2013 through March 31, 2017. Analysis:US Government contract fuel sales in 2012 were 259,368 gallons. Sales averaged 354,074 gallons per year for last 10 years. Financial Impact:Into-plane fee with new contract will be $1.03 per gallon. This represents an increased $0.10 per gallon, 10.7% over previous contract. Alternatives:Deny request. Recommendation:Augusta Aviation Commission recommends approval of Defense Logistics Agency Contract, as described in attached solicitation Offer Submission Package. Funds are Available in the Following Accounts: 551-00-0000/34-92117 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Cover Memo Item # 5 Administrator. Clerk of Commission Cover Memo Item # 5 Attachment number 1 \nPage 1 of 3 Item # 5 Attachment number 1 \nPage 2 of 3 Item # 5 Attachment number 1 \nPage 3 of 3 Item # 5 Public Service Committee Meeting 4/22/2013 12:50 PM Delinquent Health Department Fees Department:Planning & Development Caption:Discussion: consider probation, suspension or revocation of the Business Tax Certificate for the businesses listed below, for failure to pay the Richmond County Health Department fee for services. · Ms. Saundra Milton, d/b/a: The World of Sugie’s Kitchen · Mr. Roan Miranda, d/b/a: Island Café · Ms. Jennifer Tutt, d/b/a: Sit A Spell Coffee House · Mr. Roderick Stokes, d/b/a: S-Bar · Ms. Shavone Stokes, d/b/a: Cream · Mr. Lawrence Harris, d/b/a: Frankie’s Restaurant · Mr. Shannor Trotty, d/b/a: The Eatery – Base Operation · Ms. Rukiya Faulk, d/b/a: Augusta Dawgs #1 · Mr. Shannor Trotty, d/b/a: Wholesome Convenience Store & Eatery Background:The owners of the listed restaurants are delinquent in submitting payment for Richmond County Health Department ‘fee for services’, pursuant to the following Augusta-Richmond County Codes: CHAPTER 290-5-14 FOOD SERVICE 290-5-14-.02 Provisions. Amended. (1) Permit. (a) Valid Permit Required. It shall be unlawful for any person to operate any type of food service operation: food service establishment, mobile food service unit, extended food service unit, or temporary food service establishment, without having first obtained a valid food service permit from the Health Authority pursuant to this Chapter. (b) Invalidation. Permits are invalidated by change of permit holder, location or change in type of operation. (c) Satisfactory Compliance. 1. To qualify for a permit, an applicant shall: (i) Be an owner of the food service establishment or an officer of the legal ownership; (ii) Agree to allow access to the food service establishment; and (iii) Provide required information Cover Memo Item # 6 and pay all applicable fees at the time the application is submitted. RULES OF DEPARTMENT OF HUMAN RESOURCES PUBLIC HEALTH O.C.G.A. § 31-3-4 (2009) (6) Make contracts and establish fees for the provision of public health services provided by county boards of health, including but not limited to environmental health services, which fees may be charged to persons or to establishments and premises within the county for inspection of such establishments, premises, structures and appurtenances thereto, or for other county board of health services…. Analysis:The listed business owners are delinquent in making payment to the Richmond County Health Department for ‘fee for services’. The Health Department requested that the Licensing Division submit an agenda item to the Commission for action to be taken against the business owners in accordance with the following Augusta-Richmond County Code: FINANCE AND TAXATION: §2-1-38. Right to Deny, Suspend, or Revoke a Business Tax Certificate; (a). A Business Tax Certificate under this Chapter may be denied, suspended, or revoked if one or more of the following exists: (3). The applicant or holder of the certificate intends to violate or has violated any federal or state law, or local ordinance or any ordinance or resolution regulating such business or intends to violate any regulation made pursuant to authority granted for the purpose of regulating such business. Financial Impact:As of March 1, 2013, the total amount owed was $4,750. Alternatives:N/A Recommendation:Effective May 8, 2013, the business licenses will be suspended until the Health Department fees are paid in full. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 6 Public Service Committee Meeting 4/22/2013 12:50 PM First Amendment to Avis Budget Car Rental, LLC D/B/A Avis Rent A Car System, LLC Lease Agreement Department:Augusta Regional Airport Caption:Motion to approve te First Amendment to Avis Budget Car Rental, LLC D/B/A Avis Rent A Car System, LLC Lease Agreement as approved by the Augusta Aviation Commission at their March 25, 2013 meeting. Background:Updated Rental Car Agreements were signed in 2012, so these amendments will increase the number of occupied parking spaces. The completion of our Ready Return Parking Area enabled staff to offer rental car tenants additional spaces for parking rental cars. Avis Rent A Car would like to increase ready return parking to 63 spaces. The additional spaces would allow Avis Budget Car Rental to occupy 3 full rows in parking area. Analysis:Avis Rent A Car would like to increase ready return parking to 63 spaces. The additional spaces would allow Avis Budget Car Rental to occupy 3 full rows in parking area which will increase their available reserve, which in turn will increase their rental income. Financial Impact:This amendment will yield an increase in Ready Return Revenues to $945/mo on lease agreement. Alternatives:Deny request. Recommendation:Request the Augusta Commission approve the First Amendment to the Avis Budget Car Rental, LLC D/B/A Avis Rent A Car System, LLC Lease Agreement. Funds are Available in the Following Accounts: 551-00-0000/34-92404 Cover Memo Item # 7 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7 FIRST AMEDMET TO LEASE AGREEMET AUGUSTA, GEORGIA FOR THE AUGUSTA REGIOAL AIRPORT AD AVIS BUDGET CAR RETAL, LLC, D/B/A AVIS RET A CAR SYSTEM, LLC Attachment number 1 \nPage 1 of 3 Item # 7 Avis Budget Car Rental, LLC, d/b/a Avis Rent A Car System, LLC First Amendment to Lease Agreement Page 1 of 2 THIS FIRST AMENDMENT TO THE LEASE AGREEMENT (“Agreement”), made this _____ day of ____________________, 2013, by and between Augusta, Georgia (“Lessor”) on behalf of the Augusta Aviation Commission (“Commission”), an agency of Augusta, Georgia and Avis Budget Car Rental, LLC, d/b/a Avis Rent A Car System, LLC, a corporation existing under the laws of the state of Delaware (“Lessee”). W I T E S S E T H: WHEREAS, the Augusta Regional Airport (“Airport”) is owned by Augusta, Georgia and operated by the Aviation Commission; and WHEREAS, the Aviation Commission has the right to grant the privilege of occupancy of portions of the Airport to Lessee and others, in accordance with applicable Augusta Georgia ordinances and subject to the terms and conditions hereinafter set forth; and WHEREAS, the parties entered into a Lease on ___________________, 2012 for the Lessee to provide rental car services at the Airport; and WHEREAS, both the Lessor and Lessee desire to enter amend this Lease to provide additional ready return spaces for the Lessee to conduct its business at the Airport and terms and conditions for the operations of the Rental Car Concession; and OW THEREFORE , in consideration of the mutual covenants and considerations herein contained, the Lessor and Lessee hereby agree to amend this Lease as follows: SECTIO 5 LEASED PREMISES Section 5, Leased Premises is hereby amended as follows: 5.6 Ready Return Space. The Lessor shall provide Lessee sixty three (63) ready return parking spaces. Said spaces will be provided on the Airport as shown on Exhibit B. Lessee acknowledges that the Executive Director may reassign parking spaces from time to time to accommodate the needs of the traveling public and Airport operations. SECTIO 18 RETS AD FEES Section 18 is hereby amended as follows: 18.2 Lessee shall be provided sixty three (63) Ready Return spaces at a rate of Fifteen Dollars ($15.00) per space, for a total cost of Nine Hundred Forty Five Dollars ($945.00) per month, plus One Hundred Fifty Dollars ($150.00) per month for overflow parking. The Parties agree that except as specifically amended herein, all other terms and conditions of the Lease shall remain the same. Attachment number 1 \nPage 2 of 3 Item # 7 Avis Budget Car Rental, LLC, d/b/a Avis Rent A Car System, LLC First Amendment to Lease Agreement Page 2 of 2 I WITESS WHEREOF , the parties have executed this First Amendment to the Lease as of the day and year first above written. AUGUSTA, GEORGIA AUGUSTA AVIATIO COMMISSIO By: By: Mayor Chairman Date: Date: Attest: Lena Bonner, City Clerk Date: AVIS BUDGET CAR RETAL, LLC, D/B/A AVIS RET A CAR SYSTEM, LLC By: Robert Bouta, Senior Vice President Date: Approved as to content: By: Gary LeTellier, Airport Director Approved as to form: By: Andrew Mackenzie, General Counsel Date: Attachment number 1 \nPage 3 of 3 Item # 7 Public Service Committee Meeting 4/22/2013 12:50 PM First Amendment to Hertz Corporation Car Rental Lease Agreement Department:Augusta Regional Airport Caption:Motion to approve the First Amendment to Hertz Corporation Car Rental Lease Agreement as approved by the Augusta Aviation Commission at their March 25, 2013 meeting. Background:Updated Rental Car Agreements were signed in 2012, so these amendments will increase the number of occupied parking spaces. The completion of our Ready Return Parking Area enabled staff to offer rental car tenants additional spaces for parking rental cars. Analysis:Hertz Corporation would like to increase ready return parking from 26 to 42 spaces. The addition of 16 spaces would allow Hertz Rental Car to occupy 2 full rows in parking area which will allow them to inicreas there available reserve, which in turn will increase their rental income. Financial Impact:This amendment will yield an increase in Ready Return Revenues from $390/mo to $630/mo on lease agreement. Alternatives:Deny request. Recommendation:Request the Augusta Commission approve the First Amendment to Hertz Corporation Car Rental Lease Agreement. Funds are Available in the Following Accounts: 551-00-0000/34-92404 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 8 Administrator. Clerk of Commission Cover Memo Item # 8 FIRST AMEDMET TO LEASE AGREEMET BETWEE AUGUSTA, GEORGIA FOR THE AUGUSTA REGIOAL AIRPORT AD HERTZ GLOBAL HOLDIGS, IC. d/b/a HERTZ RET-A-CAR Attachment number 1 \nPage 1 of 3 Item # 8 Hertz Global Holdings, Inc. d/b/a Hertz Rent-A-Car First Amendment to Lease Agreement Page 1 of 2 THIS FIRST AMEDMET TO THE LEASE AGREEMET (“Lease”), made this _____ day of ___________________, 2013, by and between Augusta, Georgia (“Lessor”) on behalf of the Augusta Aviation Commission (“Commission”), an agency of Augusta, Georgia and Hertz Global Holdings, Inc. d/b/a Hertz Rent-A-Car, a corporation existing under the laws of the state of Delaware (“Lessee”). W I T E S S E T H: WHEREAS, the Augusta Regional Airport (“Airport”) is owned by Augusta, Georgia and operated by the Aviation Commission; and WHEREAS, the Aviation Commission has the right to grant the privilege of occupancy of portions of the Airport to Lessee and others, in accordance with applicable Augusta, Georgia ordinances and subject to the terms and conditions hereinafter set forth; and WHEREAS, the parties entered into a lease on July 6, 2012 for the Lessee to provide rental car services at the Airport; and WHEREAS, both the Lessor and Lessee desire to enter amend this Lease to provide additional space for the Lessee to conduct its business at the Airport and terms and conditions for the operations of the Rental Car Concession; and OW THEREFORE , in consideration of the mutual covenants and considerations herein contained, the Lessor and Lessee hereby agree to amend this Lease as follows: SECTIO 5 LEASED PREMISES Section 5, Leased Premises is hereby amended as follows: 5.6 Ready Return Space. The Lessor shall provide Lessee forty two (42) ready return parking spaces. Said spaces will be provided on the Airport as shown on Exhibit B. Lessee acknowledges that the Executive Director may reassign parking spaces from time to time to accommodate the needs of the traveling public and Airport operations. SECTIO 18 RETS AD FEES Section 18 is hereby amended as follows: 18.2 Lessee shall be provided forty two (42) Ready Return spaces at a rate of Fifteen Dollars ($15) per space for a total cost of six hundred thirty Dollars ($ 630.00) per month. The Parties agree that except as specifically amended herein, all other terms and conditions of the Lease shall remain the same. Attachment number 1 \nPage 2 of 3 Item # 8 Hertz Global Holdings, Inc. d/b/a Hertz Rent-A-Car First Amendment to Lease Agreement Page 2 of 2 I WITESS WHEREOF , the parties have executed this First Amendment to the Lease as of the day and year first above written. AUGUSTA, GEORGIA AUGUSTA AVIATIO COMMISSIO By: By: Mayor Chairman Date: Date: Attest: Lena Bonner, City Clerk Date: HERTZ GLOBAL HOLDIGS, IC. d/b/a HERTZ RET-A-CAR By: Simon Ellis, Staff Vice President, Real Estate and Concessions Date: Approved as to content: By: Gary LeTellier, Airport Director Approved as to form: By: Andrew Mackenzie, General Counsel Date: Attachment number 1 \nPage 3 of 3 Item # 8 Public Service Committee Meeting 4/22/2013 12:50 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Public Services Committee held on March 25, 2013. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 9 Attachment number 1 \nPage 1 of 6 Item # 9 Attachment number 1 \nPage 2 of 6 Item # 9 Attachment number 1 \nPage 3 of 6 Item # 9 Attachment number 1 \nPage 4 of 6 Item # 9 Attachment number 1 \nPage 5 of 6 Item # 9 Attachment number 1 \nPage 6 of 6 Item # 9 Public Service Committee Meeting 4/22/2013 12:50 PM MOU with University of Georgia Regarding Internship Department:Augusta Recreation Parks and Facilities Caption:Motion to approve an MOU between the City of Augusta and the University of Georgia to allow students of UGA to intern with the Augusta Recreation, Parks and Facilities Department. Background:The Augusta Recreation, Parks and Facilities Department has been accepting interns for at least 30 years; however, the Board of Regents of the University System of Georgia has now directed all internship programs be under the guidance of an MOU Between both parties. Analysis:This MOU describes the understanding between the Recreation,Parks and Facilities Department and the University to provide a high quality clinical learning experience for University students through internships. While this MOU designates the City of Augusta Recreation,Parks and Facilties Department as an approved site, it does not direct us to have to take internships; however, it gives us the opportunity to use interns if we so desire at no additional cost to the city. Financial Impact:N/A Alternatives:1. To Approve MOU Concerning Affiliation of Students For Clinical Training with Augusta Recreation, Parks and Facilities Department. 2. To not approve at this time. Recommendation:1. To Approve MOU Concerning Affiliation of Students For Clinical Training with Augusta Recreation, Parks and Facilities Department. Funds are Available in the Following Accounts: N/A Cover Memo Item # 10 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 10 Attachment number 1 \nPage 1 of 3 Item # 10 Attachment number 1 \nPage 2 of 3 Item # 10 Attachment number 1 \nPage 3 of 3 Item # 10 Public Service Committee Meeting 4/22/2013 12:50 PM Ordinance Amendment - Secondhand Goods Department:Planning & Development Caption:Approve amendments to Augusta-Richmond County Code Section 6-6 Secondhand Goods, Article 1 Brokers,so as to provide operating standards for brokers, pawnbrokers, dealers in precious metals or gems and itinerant dealers in precious metals or gems. Background:The current City code regulates a broker who is a person engaged in the business of buying or selling tangible personal property, goods or merchandise from persons other than manufacturers or business tax certified dealers; and a pawnbroker who is a person engaged in the business of loaning money at a fixed rate of interest in exchange for articles of personal property that are left as security. The code does not specifically regulate dealers in precious metals or gems, or itinerant dealers in precious metals or gems who both are engaged 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. Analysis:The current City code requires that brokers and pawnbrokers complete a detailed application for a business tax certificate, pay a regulatory fee, obtain a business tax certificate, keep detailed records of transactions that can be inspected during business hours or at any reasonable time, and hold the merchandise for a minimum of three days for inspection by the Sheriff’s office…. 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. The pawn industry in Augusta currently processes approximately 3,800 transactions per month and the number of transactions has outgrown the Sheriff’s Office ability manually to effectively or efficiently process transactions and identify criminal activity....The most significant amendment to the code is the requirement for electronic reporting. The Sheriff’s office will provide to the business owner the software necessary to electronically report business transactions. The Cover Memo Item # 11 business owner will be required to purchase an electronic fingerprint reader. The amendments will provide an enhanced ability for the Sheriff’s Office to electronically monitor pawn transactions and transactions involving dealers in precious metals and gems, and to improve reporting procedures thus increasing the likelihood of identifying criminal activity and returning stolen property to its rightful owner. Financial Impact:The anticipated source of the funding for purchasing the software will be the asset forfeiture account. Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 11 ORDINANCE NO. ___________ 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 of transactions has outgrown Augusta, Georgia’s ability manually to effectively or efficiently process transactions and identify criminal activity; and WHEREAS, the purpose of this ordinance is to provide an enhanced ability for the Sheriff’s 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 Sheriff’s 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 1 \nPage 1 of 3 Item # 11 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 of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2013. __________________________ Attest:______________________________ David S. Copenhaver Lena J. Bonner, Clerk of Commission As its Mayor Seal: Attachment number 1 \nPage 2 of 3 Item # 11 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: _________________________ Attachment number 1 \nPage 3 of 3 Item # 11 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 of any 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 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. (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 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. 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 1 of 16 Item # 11 (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 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. (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 of the content of the 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 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. (j) “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. (k) “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. (l) “Pawnshop transaction” means to take or receive any article of property 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 2 of 16 Item # 11 (n) “Precious metals” means gold, silver, or platinum or any alloy containing gold, silver, or platinum. (o) “Proper identification” means any one 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. (p) “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, 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 1 of the Augusta- Richmond County Code. Attachment number 2 \nPage 3 of 16 Item # 11 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. 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 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? (k) Has the applicant or any person connected with or having an interest in said business: (1) 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. Attachment number 2 \nPage 4 of 16 Item # 11 (m) 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-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) of the 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, firm or corporation doing business shall deviate from the normal operation for which the business tax certificate was obtained or fails in performance to meet the required regulations and code as set forth by the Planning and Development Department, Sheriff’s office or Health department; or violates any law or ordinance of the United States, or the state or Augusta, Georgia, in pursuance of such business conducted under such business tax certificate; or when it shall be proven before the Planning and Development Department that there is a violation of a nuisance law; or when the health, morals, interests and convenience of the public demand the suspension of such business tax certificate. The Planning and Development Department shall report the suspension of such business tax certificate to the next regular or called meeting of the Commission, and shall provide the licensee with at least three (3) days’ notice of said meeting, at which meeting the licensee may make such showing as he/she may deem proper. After a hearing, Commission shall either continue the suspension, place the license on probation, permanently revoke the license, or restore the license such that it remains in full force. A license granted hereunder shall also be subject to revocation for cause, either with or without a prior suspension of the license. Whenever, in the opinion of the Planning and Development Department, there is cause to revoke the license, a written notice of intention to revoke it shall be furnished the holder thereof three (3) days before a regular or called meeting of the Commission at which time the holder of the license may make such showing as he/she may deem proper. After a hearing, the Commission may revoke the license Attachment number 2 \nPage 5 of 16 Item # 11 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, 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 pawnshop 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. (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 of the actual transaction pawnbrokers shall complete the transaction form designated by the Sheriff. A pawnbroker shall maintain a copy of the completed transaction form on the licensed premises for at least 1 year after the date of the transaction. However, the pawnbroker 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 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: Attachment number 2 \nPage 6 of 16 Item # 11 (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. 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 shall require verification of identification of the person from whom the goods are acquired by accepting only proper identification as defined herein, as well as a description of the person including: a. Full name, current residential address, workplace, and home and work phone numbers. b. Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks. c. A Photo copy of the seller’s proper identification. d. A digital reader fingerprint of the seller’s right hand thumb (see fingerprint definition). The digital fingerprint file shall be uploaded to an electronic reporting system required by the Sheriff . (4) The record shall contain the type of identification exhibited, the issuing agency, and the number thereon. (5) The seller shall sign a statement verifying that the seller is the rightful owner of the goods or is entitled to sell, consign, or trade the goods. (6) Any other information required by the format designated by the Sheriff. Sec. 6-6-12. Daily accurate report; false statements. (a) Every Broker and Pawnbroker, 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 person engaged in the business of pawnbroker 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 7 of 16 Item # 11 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 of age. 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 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. 6-6-15. Premises open to Sheriff. Every Broker and Pawnbroker 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. 6-6-16. Inspection of pledges 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 of the 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 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 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 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. 6-6-19. Sale of unredeemed articles; pawner's right of redemption. Attachment number 2 \nPage 8 of 16 Item # 11 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. 6-6-20. 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. 6-6-21. Sign. It shall be unlawful for any pawnbroker to fail to affix the usual pawnbroker's sign, a three-ball pendant, to his place of business, 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 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. 6-6-23. 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 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. (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. 6-6-24. Notice of intent to conduct business. Attachment number 2 \nPage 9 of 16 Item # 11 (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. 6-6-25. 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 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 of ten 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 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 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 Attachment number 2 \nPage 10 of 16 Item # 11 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 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. 6-6-26. 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 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; (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. Attachment number 2 \nPage 11 of 16 Item # 11 (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. 6-6-27. 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 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). (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. Attachment number 2 \nPage 12 of 16 Item # 11 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 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 6-6-25; (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 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. (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. 6-6-29. 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. Attachment number 2 \nPage 13 of 16 Item # 11 Sec. 6-6-30. 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. 6-6-31. 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 §6-6-3 and §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 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; (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 6-6-25(f) shall apply to the background investigation required herein. Attachment number 2 \nPage 14 of 16 Item # 11 (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. 6-6-32. 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 6-6-31(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. 6-6-33. 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, 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. 6-6-34. 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 of any theft of crime, the Attachment number 2 \nPage 15 of 16 Item # 11 dealer, salesman or itinerant buyer shall, upon demand of the Sheriff , surrender the same to the Sheriff’s 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 of thirty days following the purchase of such item. No person engaging in the purchase of precious 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 of any such precious metals or stones purchased, until after the expiration of thirty days from the date of purchase. Sec. 6-6-36. Unlawful activities. It is unlawful for any itinerant dealer of precious metals or gems to purchase any precious metals or gems from any person under 17 years of age. Attachment number 2 \nPage 16 of 16 Item # 11