Atlanta › Code of Ordinances — Part II (General Ordinances)

Chapter 122 — Secondhand Goods

current as of 2026-05-29currency checked manuallyOfficialVerify with City of Atlanta ↗52 sections · full chapter

§ 122-26

Applicability of article.

Sec. 122-26. Applicability of article.

Every person, except licensed junk dealers and pawnbrokers, who, exclusively or as incidental to or in connection with other business, purchases, sells or acquires in trade used or secondhand jewelry of any kind or description, including watches and clocks or articles of that kind or description made in whole or in part of gold, silver, platinum or other precious metals; diamonds, emeralds, rubies or other precious stones; pistols or guns; bicycles or accessories, shall, for the purpose of this article, be a secondhand dealer. Any person who shall purchase any article of the kinds described in this section from any person other than a bona fide dealer in those articles shall, for the purpose of making the reports required in this article, also be a secondhand dealer and subject to all the sections of this article relating to those records and reports. However, secondhand dealers are specifically prohibited from buying or selling any automobile parts and accessories, including tires and batteries, under this article. (Code 1977, § 14-6391)

§ 122-27

Construction and interpretation of article.

Sec. 122-27. Construction and interpretation of article.

Nothing contained in this article shall be construed as repealing or modifying any section of this Code or other ordinance regulating pawnbrokers and junk dealers. The sections of this article with reference to the acquisition of automobile, truck, motorcycle or other vehicular tires and tubes by purchase, exchange, gift or in any other manner shall apply not only to secondhand deal *State law references—Dealers in precious metals and gems, O.C.G.A. § 43-37-1 et seq.; local regulation of same, O.C.G.A. § 43-37-5; used motor vehicles, O.C.G.A. § 40-4-1 et seq.

ers as described in section 122-26 but to every person, unless the tires or tubes were acquired from a regularly licensed dealer therein. (Code 1977, § 14-6392)

§ 122-28

Records required.

Sec. 122-28. Records required.

(a)Contents. All secondhand dealers shall keep a book wherein shall be entered an accurate description of all property of the kinds specified in section 122-26 which they acquire by purchase or trade and the name, address, estimated age, weight and height of the person from whom purchased or acquired and the date and hour of the purchase. These entries shall be made as soon as possible after the transaction is had, in no case more than one hour thereafter.

(b)Inspection. This record shall at all times be subject to inspection and examination by the department of police. (Code 1977, § 14-6393)

State law reference—Permanent records required of dealers in precious metals and gems, O.C.G.A. § 43-37-3.

§ 122-29

Serially numbered entries in record with corresponding numbers on property.

Sec. 122-29. Serially numbered entries in record with corresponding numbers on property.

Every entry required to be made in the secondhand dealer’s book required by section 122-28 shall be numbered serially, and the property described in the entry shall have attached to it a tag bearing the same serial number. (Code 1977, § 14-6394)

§ 122-30

Acquiring articles with serial number mutilated or altered.

Sec. 122-30. Acquiring articles with serial number mutilated or altered.

It shall be unlawful for any secondhand dealer to purchase or acquire in trade any watch, clock, pistol, gun, automobile tire or battery or any other article commonly branded with a serial number, upon which the number has been mutilated or altered. (Code 1977, § 14-6395)

§ 122-31

Daily reports to police.

Sec. 122-31. Daily reports to police.

Every secondhand dealer shall make a daily report in writing to the department of police in such form as may be prescribed by the police chief of all property purchased or acquired by the secondhand dealer during the 24 hours ending at 8:00 p.m. on the date of the report. In addition, secondhand dealers shall make daily reports of all typewriters, adding machines and radios coming into and going out of their places of business. The daily report shall be in such form and shall contain such information as may be required by the police chief but shall contain sufficient information to identify each of the articles. (Code 1977, § 14-6396)

State law reference—Reports of purchaser by dealers in precious metals and gems, O.C.G.A. § 43-37-4.

§ 122-32

Examination and inspection of articles by police; segregation of suspicious articles.

Sec. 122-32. Examination and inspection of articles by police; segregation of suspicious articles.

All property purchased or acquired by a secondhand dealer shall at all times be subject to examination and inspection by the department of police. If, upon the inspection, a police officer shall have reasonable cause to believe that any of the property is stolen, the police officer shall segregate it. It shall thereafter be unlawful for the person in possession of the property to dispose of it or in any manner mutilate, melt or disfigure it, until 15 days have elapsed from the date of the inspection. (Code 1977, § 14-6397)

§ 122-33

Time period for holding property.

Sec. 122-33. Time period for holding property.

All property purchased or acquired by a secondhand dealer shall be held for not less than 15 days. (Code 1977, § 14-6398)

§ 122-34

Acquiring property from underage persons.

Sec. 122-34. Acquiring property from underage persons.

It shall be unlawful for any secondhand dealer to buy or receive any property of the kinds described in section 122-26 from any person under the age of 18 years. However, any secondhand dealer taking from the seller a statement in writing that the seller is of age will not be held subject to this section, if the appearance of the seller is such as to make it uncertain that the seller is not 18 years of age. (Code 1977, § 14-6399)

§ 122-35

Purchase and sale of used tires or tubes.

Sec. 122-35. Purchase and sale of used tires or tubes.

(a)Report to police chief. All persons who shall acquire by purchase or otherwise any used vehicular tires or tubes from any source other than from a regular licensed dealer shall, within 24 hours after the acquisition, make and deliver to the police chief, upon a form to be prescribed and furnished by the police chief, a report disclosing the name and make of each tire or tube; the size, serial number; and for tires the type or description of the tread or if the tread is smooth a statement to that effect. The report shall further contain and disclose the name, address and detailed physical description, together with a legible print of a flat impression of the prints of the four fingers of the right hand of the person or the representative from whom each of the tires or tubes were acquired, stating the manner of acquisition thereof.

(b)Retention; segregation; inspection. All persons to whom subsection (a) of this section shall apply shall not, for a period of 15 days after the delivery of the report required to be made to the police chief covering the acquisition of the tires or tubes, sell or otherwise dispose of any of them except upon written permission from the police chief or other police officer authorized to grant permission and shall, during that 15-day period, make and keep accurate and detailed bookkeeping records as to the acquisition of each tire and tube, segregated and tagged so that they may be readily and easily identified from the information describing them upon the report and so that they may be readily and easily examined and inspected by the police chief or any other police officer who has been properly authorized to make the examination and inspection.

(c)Acquisition if serial number, maker’s name is altered, mutilated or defaced. It shall be a violation of this section for any person to acquire, by purchase or otherwise, any used vehicular tire or tube commonly branded with the name of the maker or a serial number, upon which the name of the maker or the serial number has been altered, mutilated or defaced. (Code 1977, § 14-6400)

§ 122-36

Used motor vehicle dealers and used motor vehicle parts dealers/auctioneers.

Sec. 122-36. Used motor vehicle dealers and used motor vehicle parts dealers/auctioneers.

(a)Required documentation. Used motor vehicle dealer and used motor vehicle parts dealer licensed by the state of Georgia shall obtain the following documentation related to the used motor vehicles and/or parts, and the provider thereof:

(1)The providers name, address, thumbprint, telephone number and a photocopy of government- issued identification of the provider; and

(2)If a used motor vehicle, a copy of the title to a used motor vehicle and documentation indicating the make, model, vehicle identification number, and description of the used motor vehicle; and

(3)If a part, the serial number and the make and model of the motor vehicle from which the part was obtained.

(b)Daily report. Used motor vehicle dealer and used motor vehicle parts dealer licensed by the state of Georgia shall furnish the police chief at the chief's office each day a complete description in writing of all used motor vehicles and/or parts bought by the dealer during the preceding day or left or deposited with the dealer for the purpose of sale or exchange. The report shall state the make, year, model, type, motor and serial numbers of any used motor vehicles and parts and also the date and hour of the sale to the dealer.

(c)Used motor vehicle dealer and used motor vehicle parts dealer licensed by the state of Georgia shall maintain the documentation and reports required by this section for a period of not less than three years.

(d)Report by auctioneer. Any person, approved for licensure by the state of Georgia, acting as auctioneer of used motor vehicles and/or parts shall furnish a description with respect to any used motor vehicles and/or parts offered by the auctioneer for sale at auction, whether the used motor vehicles and/or parts are sold at auction or not.

(e)Terms utilized in this section shall have the same meaning as set forth in state law at O.C.G.A. tit. 43, ch. 6 and ch. 47 respectively.

(f)Penalties. Any person or entity who shall be found guilty violating the requirements of this section shall be subject to a $1000.00 fine or imprisonment in the city jail for not more than 90 days or both. (Code 1977, § 14-6401; Ord. No. 2023-03(23-O1012), § 1, 1-23-23)

State law reference—Records of purchasers of used motor vehicles, O.C.G.A. §§ 40-4-5, 40-4-40.

§ 122-37

Dealers in secondhand watches.

Sec. 122-37. Dealers in secondhand watches.

(a)Definition. For the purpose of this section, a watch shall be deemed to be secondhand if:

(1)It, as a whole, or the case thereof or the movement thereof has been previously sold to or acquired by any person for such person's use or the use of another, but not for resale; provided, however, a watch that has been so sold or acquired and is thereafter returned either through exchange or for credit to the original vendor who sold or passed title to the watch shall not be deemed to be a secondhand watch for the purpose of this section, if the vendor shall keep a written or printed record setting forth the name of the purchaser thereof, the date of the sale or transfer thereof and the serial number, if any, on the case and movement and any other distinguishing number or identification mark, which record shall be kept five years from the date of the sale or transfer and shall be open for inspection during all business hours by the police or prosecutor for the city;

(2)Its case or movement serial numbers or other distinguishing numbers or identification marks shall be erased, defaced, removed, altered or covered; or

(3)Its movement is more than five years old and has been repaired by any person, including the vendor, notwithstanding that it may have been returned either through exchange or for credit to the original vendor. Cleaning and oiling a watch movement or recasing the movement in a new case shall not be deemed a watch repair for the purpose of this subsection.

(b)Tagging. Any person engaged in the business of buying or selling watches, who may sell or exchange or offer for sale or exchange, expose for sale or exchange, possess with the intent to sell or exchange or display with the intent to sell or exchange any secondhand watch shall affix and keep affixed thereto a tag with the term "secondhand" clearly and legibly written or printed thereon, which shall be affixed or placed so that the term "secondhand" shall be plainly visible at all times.

(c)Contents of invoice; records. Any person who may sell a secondhand watch or in any other way pass title thereto shall deliver to the vendee a written invoice bearing the term "secondhand" in bold letters larger than any other written matter upon the invoice. The invoice shall further set forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker and the serial number, if any, and any other distinguishing numbers or identification marks upon its case and movement. If the serial number or other distinguishing numbers or identification marks shall have been erased, defaced, removed, altered or covered, the invoice shall so state. The vendor shall keep on file a duplicate of the invoice five years from the sale thereof, which shall be open to inspection during all business hours by the police or prosecutor for the city.

(d)Advertising. Any person who may advertise or display in any manner a secondhand watch for sale or exchange shall state clearly in the advertisement or display that the watch is secondhand. (Code 1977, § 14-6402)

State law reference—Secondhand watches, O.C.G.A. § 43-49-1 et seq.

Secs. 122-38—122-60. Reserved.

ARTICLE III. PAWNBROKERS* DIVISION 1. GENERALLY

§ 122-61

Records required.

Sec. 122-61. Records required.

All pawnbrokers shall keep books wherein shall be entered an accurate description of all property pledged or sold to them. The description shall include the name of the maker of the article, any identifying mark or number and a statement of the kind of material of which it is made. In these books shall also be entered the name of the person by whom the article was deposited or sold and the time when the deposit or sale was done. These entries shall be made as soon after the transaction as is possible, in no event more than one hour thereafter. The books and the articles themselves so pledged or sold shall at all times be subject to inspection and examination by the police. Any person engaged in the business of a pawnbroker who shall fail or refuse to keep books as provided in this section or who shall make false entries concerning the transactions named or who shall fail or refuse to permit an inspection and examination by any police officer of the books and of the property pledged with or sold to them shall be guilty of an offense. (Code 1977, § 14-6306)

State law reference—Permanent records required of pawnbrokers, O.C.G.A. § 44-12-132 et seq.

§ 122-62

Daily report to police; fingerprints and information required from persons pawning property.

Sec. 122-62. Daily report to police; fingerprints and information required from persons pawning property.

(a)Contents of daily report. Every pawnbroker shall make a daily report in writing to the department of police in the form prescribed by the police chief of all property pledged to or bought by the pawnbroker during the 24 hours ending at 8:00 p.m. on the date of the report. The reports shall be typewritten. In addition to any other information required by the police chief, the reports shall show the name and address of *State law references—Pawnbrokers, O.C.G.A. § 44-12130 et seq.; local regulation of pawnbrokers, O.C.G.A. § 4412-136.

the pawnbroker; the time of the transaction; the serial number of pawn tickets; the amount paid or advanced; a full description of the articles, including kind, style, material, color, design, kind and number of stones in jewelry and all identifying names, marks and numbers; and a description of person selling or pawning, including name, address, weight and height. Insufficient reports shall be rejected, and any pawnbroker making them shall be deemed guilty of an offense. In addition, pawnbrokers shall make daily reports of all typewriters, adding machines and radios coming into and going out of their places of business. The daily report shall be in such form and shall contain such information as may be required by the police chief, but shall contain sufficient information to identify each of the articles.

(b)Fingerprints and information required. In addition to the owner records and information called for in subsection (a) of this section, each pawnbroker shall obtain from each person pawning any article with that pawnbroker the fingerprint of the right hand index finger, unless that finger is missing in which event the print of the next finger in existence on the right hand of the person pawning the article shall be obtained with a notation as to the exact finger printed. All prints shall be made on forms to be furnished by the department of police, and the pawnbroker shall obtain all other information called for on the form furnished. Fingerprints and the information as required in this section shall be obtained from all persons each time the persons pawn any article with a pawnbroker, regardless of whether or not that person may have previously pawned an article with the pawnbroker and been fingerprinted.

(c)Exception. Subsection (b) of this section need not be complied with where the pawnbroker knows personally the person pawning the article or can identify within 90 days after the transaction the person pawning the article.

(d)Effect of failure to comply. Failure to fingerprint or, in the alternative, to know personally or to be able to identify when called upon within 90 days after an article has been pawned the person pawning the article shall constitute an offense. (Code 1977, § 14-6307)

§ 122-63

Hours of operation.

Sec. 122-63. Hours of operation.

The hours within which pawnbrokers may keep open their places of business shall be from 7:00 a.m. to 8:00 p.m., except Saturdays and the week before Christmas, when the hour of closing shall be 12:00 midnight. The department of police shall enforce this section. (Code 1977, § 14-6308)

§ 122-64

Adding merchandise to stock.

Sec. 122-64. Adding merchandise to stock.

Pawnbrokers selling goods other than those pledged may add new merchandise to their stock of the same type as that on which loans are made, up to value of $1,000.00, without having to pay a license tax in addition to the general pawnbroker's license prescribed in chapter 30, article III. (Code 1977, § 14-6309)

§ 122-65

Time period for holding articles.

Sec. 122-65. Time period for holding articles.

Any pawnbroker or person operating under a pawnbroker's license who takes goods on pawn or buys goods, taking full title thereto shall hold the goods so taken in pawn or purchased for 30 days before disposing of them by sale, transfer, shipment or otherwise. As used in this section, the term "goods" shall be used in the broadest sense and shall include all kinds of personal property. (Code 1977, § 14-6310; Ord. No. 2004-45, § 1, 7-22-04)

§ 122-66

Restrictions upon sale, pledge of building glass and plumbing material.

Sec. 122-66. Restrictions upon sale, pledge of building glass and plumbing material.

(a)Generally. It shall be unlawful for pawnbrokers to purchase, advance money on or take in pawn glass taken from buildings, such as mantel mirrors, art glass and the like, or copper wire, copper lining of bathtubs, lead pipes or any kind of plumbing material sold as junk where offered for sale or pawn by others than persons of known good character.

(b)Duties of pawnbrokers. In all cases where these goods are purchased or money advanced, pawnbrokers shall keep a record of the purchases or advances, showing the names of the persons from whom received, their residence, the goods so taken and the amount of money paid or advanced, and this shall be at all times open for inspection to members of the department of police. It shall also be unlawful for pawnbrokers to purchase these goods or to advance money thereon where their appearance indicates that they have been tampered with or there is an effort to conceal identity or if they are mutilated or otherwise show an effort to destroy evidence of the former location of the property. While the goods are being kept for ten days before being disposed of, they shall be so arranged that they can be inspected by members of the department of police on demand. (Code 1977, § 14-6311)

§ 122-67

Receiving goods from underage persons.

Sec. 122-67. Receiving goods from underage persons.

It shall be unlawful for any pawnbroker or the pawnbroker's agents or employees to receive in pawn from any person under 18 years of age goods of any character or description. Any pawnbroker taking from an applicant a statement in writing that the applicant is of age will not be deemed to have violated this section if the appearance of the applicant as to age and size makes it uncertain that the person is not 18 years of age. (Code 1977, § 14-6312)

§ 122-68

Effect of conviction for furnishing weapons to underage persons.

Sec. 122-68. Effect of conviction for furnishing weapons to underage persons.

A conviction of any person for furnishing weapons to a person under 18 years of age in violation of any laws of the state shall constitute cause for the revocation of any license issued by the city, and, upon notice to the person and a hearing before the license review board, the license shall be subject to revocation. (Code 1977, § 14-6313)

Secs. 122-69—122-80. Reserved.

DIVISION 2. PERMIT AND LICENSE

§ 122-81

Permit required.

Sec. 122-81. Permit required.

Every person, before beginning the business of operating a pawnshop or similar place where money is advanced on goods or other effects or merchandise of any kind is taken in pawn, shall first file an application with the department of police for a permit to conduct the business. (Code 1977, § 14-6301)

§ 122-82

Contents of application for permit.

Sec. 122-82. Contents of application for permit.

In order to obtain a pawnshop license, the owner(s) of the proposed pawnshop must first file an application for a pawnshop license with the licenses and permits unit of the Atlanta Police Department. A nonrefundable application fee of $100.00 is due at the time of application. Each applicant shall submit the following information:

(1)The name and address of the applicant.

(2)The name and address of the proposed business.

(3)The nature and character of the business.

(4)If a partnership, the name of the partnership and the names and addresses of the partners.

(5)If a corporation, the name of the corporation and the names and addresses of the officers and members of the board of directors and stockholders.

(6)Any bank accounts listed in the name of the applicant, or maintained by the applicant, whether an individual, partnership or corporation.

(7)Whether the applicant, or any partners, or any corporation officers or board members, or any principal shareholders, have, within the preceding five years, a record for any conviction for the violation of any statute of the several states, or the United States, or of any ordinance of any city in the United States. "Conviction" as used in this section shall include an adjudication of guilt, a plea of guilty, a plea of nolo contendere, or the forfeiture of a bond.

(8)A listing of all real property which the applicant, partnership or corporation is presently leasing, and names and addresses of all lessees and lessors of such property.

(9)A certified copy of the applicant's financial statement for the 12-month period ending one week before the filing of the application for license, and state of incorporation of such corporation, as well as the names and addresses of the agents and employees of such corporation for a period of two years immediately prior to the filing of such application.

(10)Documentation of oral agreements and copies of all written agreements among any persons or stockholders of corporations or partners of partnerships applying for licenses to engage in adult entertainment, which agreements reflect or control ownership or division of profits, sharing of revenues or payment of rents, or which agreements reflect any other arrangements in connection with ownership, rents, profit sharing or income application of use.

(Code 1977, § 14-6302; Ord. No. 1999-11, § 1, 2-9-99)

§ 122-83

Investigation, granting or denial.

Sec. 122-83. Investigation, granting or denial.

(a)Investigation. All applicants shall be investigated by the department of police, and its findings shall be presented to the license review board at a public hearing on the application as provided in this division.

(1)Upon receiving an application for a pawnshop license, the permits division of the department of police, shall forward a copy of said application to the chairperson(s) of the affected neighborhood planning unit(s) for review.

(2)Said NPU(s) shall subsequently forward its recommendation to the permits division. The recommendation shall become a part of the permits division's report to the license review board.

(b)Granting or denial. The license review board shall conduct the hearing and report its conclusions and recommendations to the mayor. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, deny or grant an application for a new permit. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application or matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor.

(c)Fees. The fee for an annual pawnshop license shall be $750.00. (Code 1977, § 14-6303; Ord. No. 1999-11, § 2, 2-9-99; Ord. No. 1999-36, § 1, 3-9-99; Ord. No. 2004-44, § 1, 7-22-04; Ord. No. 2008-79(08-O1677), § 24, 11-6-08)

§ 122-84

Grounds for nonissuance.

Sec. 122-84. Grounds for nonissuance.

(a)No license or renewal for the operation of a pawn shop shall be issued to any person where any individual, having an interest either as owner, partner, officer, or principal shareholder, directly beneficial or absolute, shall have been convicted within five years immediately prior to the filing of such application for any felony or misdemeanor of any state or of the United States or any municipal ordinance involving a crime of moral turpitude or relating to sexual offenses and related matters, to alcohol or drug offenses and related matters or to gambling offenses and related matters.

(b)No license shall be issued under this article if the application contains a material omission, untrue or misleading information, or if the application fails to indicate the true ownership of the proposed establishment.

(c)No license shall be issued under this article if the applicant fails to furnish any and all data, information, and records related to the operation of licensed establishments, when the same has been requested by the department of police or the license review board.

(d)No license shall be issued under this article if the proposed premises do not comply with the zoning ordinances, the fire code or the building code of the city.

(e)No license shall be issued under this article where the person applying has had a permit to conduct a similar type business denied or revoked within a period of five years. (Code 1977, § 14-6304; Ord. No. 1999-11, § 3, 2-9-99)

§ 122-85

Renewal.

Sec. 122-85. Renewal.

Licenses to operate a pawnshop shall be renewed annually as of the date of the original issuance of the license for a fee of $750.00. All applications for renewal licenses shall furnish all data, information and records requested by the license review board or the department of police. The chief of police or designee shall have the authority to renew the license, and such decision may be appealed to the license review board for a hearing and recommendation to the mayor for final action. (Code 1977, § 14-6305; Ord. No. 1999-11, § 4, 2-9-99; Ord. No. 1999-36, § 2, 3-9-99)

§ 122-86

Revocation; hearing.

Sec. 122-86. Revocation; hearing.

Any license issued under this article shall be subject to revocation for:

(1)The violation of any of the prohibitions contained in this article or in this Code.

(2)The violation of any other law, ordinance or regulation governing the operation of establishments licensed as pawnshops or which are reasonably related to the operation of such business.

(3)The violation of any occurrence which would have barred issuance of the original license.

(4)Permitting the solicitation of patrons on the licensed premises for prostitution or any other illegal act where the licensee, the licensee's employee or agent knew or should have known of such conduct.

(5)The failure to obtain prior approval of the maybe after hearing by the license review board for changing the type of establishment operated pursuant to this section.

(6)Failure by the licensee to adequately supervise and monitor the conduct of the employees, patrons and others on the licensed premises, or on any property owned or leased by the licensee, including but not limited to the parking lots and parking areas, or on any parking lots or areas which may be lawfully used by patrons of a licensed establishment, in order to protect the safety and well being of the general public and of those utilizing the premises.

(7)The violation of the human relations ordinance of the city, which violation shall be evidenced by receipt of an order by the human relations commission which shall contain findings of discrimination pursuant to chapter 94, article III of this Code.

(Ord. No. 1999-11, § 5, 2-9-99; Ord. No. 1999-36, § 3, 3-9-99)

§ 122-87

Background checks.

Sec. 122-87. Background checks.

The owner of a licensed pawnshop shall perform criminal background checks on all employees hired after the date of passage of the ordinance. The pawnshop shall maintain such background check records for a minimum period of at least five years after an employee leaves the pawnshop's employ. The pawnshop shall provide all information relevant to the criminal background checks on all new employees to the Atlanta Police Department Licenses & Permits Unit within 30 days of the date of hire of said employee. (Ord. No. 1999-36, § 7, 3-9-99)

§ 122-88

Location restrictions.

Sec. 122-88. Location restrictions.

(a)No pawnshop or similar place where money is advanced on goods or other effects or merchandise of any kind is taken in pawn, shall be located within 1,000 feet of any other pawnshop or similar place where money is advanced on goods other effects or merchandise of any kind is taken in pawn. This distance shall be measured by the most direct route of travel on the ground.

(b)No pawnshop or similar place where money is advanced on goods or other effects or merchandise of any kind is taken in pawn, shall be located within 1,000 feet of any of the following uses:

(1)From any structures in residential use.

(2)From any public or private school.

(3)From any public or private park or recreation facility.

(4)From any public library branch.

(5)From any church or similar place of religious worship.

(6)From any public or private hospital or mental health care facility.

(7)From any child care or day care facility.

The distance in subsection (b)(1)—(7), notwithstanding the definition of distance contained in subsection (a), shall be measured in a straight line from the closest point of the property line of the site proposed to be occupied by the pawnshop or similar place where money is advanced on goods or other effects or merchandise of any kind is taken in pawn, to the closest property line of any use identified above.

(c)Applicants for license to operate a pawnshop or similar place where money is advanced on goods or other effects or merchandise of any kind is taken in pawn, shall include with their application, a plat of survey prepared and sealed by a surveyor registered in the state certifying that all of the locational requirements listed above in subsections (a) and (b) have been met. Such applications shall be reviewed by the bureau of buildings for compliance with all distance requirements.

(d)Except as provided in section 122-89, a location licensed to operate a pawnshop or similar place where money is advanced on goods or other effects or merchandise of any kind is taken in pawn on or before July 1, 2010 shall not be required to comply with the distance requirements set forth in subsections (a) and (b) above, provided that such location is not expanded or enlarged.

Nor shall the distance requirements set forth in subsections (a) and (b) above apply to any location for which a new application to operate a pawnshop or similar place where money is advanced on goods or other effects or merchandise of any kind is taken in pawn, has been filed with the police department if such application was filed prior to July 1, 2010. (Ord. No. 2010-09(10-O-0388), § 1, 3-23-10)

§ 122-89

Application for new license at existing location.

Sec. 122-89. Application for new license at existing location.

(a)An applicant for a new license to operate a pawnshop or similar place where money is advanced on goods or other effects or merchandise of any kind is taken in pawn, who has acquired a previously licensed pawn location may, within one year after the expiration of the previous owner's license, apply for a pawnshop license for that location even though the location may not meet distance requirements from churches, schools, private residences and other distance requirements set forth in section 122-88.

(b)An application filed under this section shall meet and qualify under all other requirements of this division for the granting of a new license. (Ord. No. 2010-09(10-O-0388), § 2, 3-23-10)

Secs. 122-90—122-105. Reserved.

ARTICLE IV. PRECIOUS METALS DEALERS* DIVISION 1. GENERALLY

§ 122-106

Definitions.

Sec. 122-106. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Precious metals means any metals, including but not limited to, in whole or in part, silver, gold, platinum.

Precious metals dealer means any person who, exclusively or as incidental to or in connection with any other business, is engaged in the business of purchasing precious metals or goods made from precious metals from persons or sources *State law references—Dealers in precious metals and gems, O.C.G.A. § 43-37-1 et seq.; local regulation of same, O.C.G.A. § 43-37-5.

other than industrial producers, manufacturers or licensed dealers. The term "precious metals dealer" also means any person as defined in this subsection and who engages in such business for a period not exceeding 180 days. (Code 1977, § 14-6501)

Cross reference—Definitions generally, § 1-2.

§ 122-107

Effect of state law.

Sec. 122-107. Effect of state law.

This article shall be automatically repealed and shall have no force and effect after such date as a statute of general application which regulates in any way the subject matter of this article becomes the law of the state. (Ord. No. 1980-102, § 2, 11-22-80)

State law reference—State regulation of dealers in precious metals and gems, O.C.G.A. § 43-37-1 et seq.

§ 122-108

Records required.

Sec. 122-108. Records required.

(a)Every precious metals dealer shall maintain a book, in permanent form, in which shall be entered in legible English at the time of each purchase of precious metals or goods containing precious metals, the following information:

(1)The date of the purchase transaction.

(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; a description of the general appearance of such seller or a photograph of the seller; and the number from such seller's driver's license or other similar identification.

(4)An identification and description of the purchased goods, including the serial numbers, model numbers or other numbers, and any identifying marks inscribed therein.

(5)The signature of the seller.

(b)The permanent record book required in this section shall be maintained for each purchase of precious metals or goods for a period of four years.

(c)Entries shall appear in chronological order in ink. No blank lines may be left between the entries. No obliterations, alterations or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The book and all precious metals and goods containing precious metals shall be open to the inspection of any duly authorized law enforcement officer at all times. (Code 1977, § 14-6504)

State law reference—Permanent records of dealers in precious metals and gems, O.C.G.A. § 43-37-3.

§ 122-109

Daily written report to police.

Sec. 122-109. Daily written report to police.

(a)Every precious metals dealer shall make a daily report in writing to the department of police of all precious metals or goods containing precious metals purchased during the 24 hours ending at 8:00 p.m. on the date of the report. The reports shall be on forms or on duplicate invoices as may be prescribed or approved by the department of police. The reports shall be typewritten and mailed or delivered to the department of police prior to 10:00 a.m. on the day following the date of the report. In addition to any other information required by the department of police, the reports shall include the name and address of the permittee, date of transaction, description and amount of the precious metals or goods containing precious metals purchased and the name and address of the person from whom purchased.

(b)The department of police may promulgate rules and regulations consistent with this section to require the proper enforcement of this section. (Code 1977, § 14-6505)

State law reference—Written reports of purchases by dealers of precious metals and gems, O.C.G.A. § 43-37-4.

§ 122-110

Time period for retention.

Sec. 122-110. Time period for retention.

For a period of 30 days, excluding Sundays and legal holidays, after the purchase or receipt of any precious metals or goods containing precious metals, every precious metals dealer shall retain upon the licensed premises or in a sealed vault off the premises, provided such a precaution is necessary for safekeeping, all such precious metals or goods containing precious metals purchased or received and shall not alter the original form, shape or condition of such metals or goods until that time shall have elapsed. (Code 1977, § 14-6506; Ord. No. 2004-45, § 2, 7-22-04)

§ 122-111

Applicability of certain sections.

Sec. 122-111. Applicability of certain sections.

(a)Sections 122-108 through 122-110 shall not apply to any precious metals or goods containing precious metals from industrial producers, manufacturers, licensed dealers or distributors.

(b)Division 2 of this article shall not apply to licensed pawnbrokers, scrap metal processors or secondhand dealers. Pawnbrokers, scrap metal processors and secondhand dealers are not, however, relieved from compliance with sections 122108 through 122-110 when the purchase of precious metals or goods containing precious metals is from persons or sources other than industrial producers, manufacturers or licensed dealers or distributors. (Code 1977, § 14-6507)

§ 122-112

Unlawful activities.

Sec. 122-112. Unlawful activities.

(a)It shall be unlawful for any precious metals dealer or any agent or employee of a precious metals dealer who makes purchases of precious metals or goods containing precious metals to:

(1)Fail to maintain and make entries in the permanent record book as required by section 122-108;

(2)Make any false entries therein;

(3)Falsify, obliterate, destroy or remove from the place of business such permanent record book;

(4)Fail to submit daily reports as required in section 122-109; or

(5)Refuse to allow a duly authorized law enforcement officer to inspect such permanent book or any precious metals or goods containing precious metals in such dealer's possession.

(b)Any person violating subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as for a misdemeanor. (Code 1977, § 14-6508)

Secs. 122-113—122-125. Reserved.

DIVISION 2. PERMIT*

§ 122-126

Required; application.

Sec. 122-126. Required; application.

(a)No person shall engage in business as a precious metals dealer without first obtaining a permit.

(b)A permit for a precious metals dealer shall authorize the permittee to engage in the business of a precious metals dealer.

(c)Application for the permit to engage in business as a precious metals dealer shall be made to the police department and shall be accompanied by an application fee of $100.00.

(d)The application for a permit shall be in writing and shall be sworn to or affirmed by the applicant. The application shall contain the name, address and age of the applicant, together with the names, addresses and ages of all other persons having an ownership interest in the business other than a publicly held corporation. Applications for publicly held corporations shall include the names, addresses and ages of all officers of the corporation and their titles, as well as the name and address of a permanent agent for service *State law reference—Dealers in precious metals and gems, O.C.G.A. § 43-37-2.

within the city. All applications shall contain an accurate description of the premises upon which the business is conducted and the zoning and planning classification of the premises, as well as such other things as may be required from time to time by the department of police. (Code 1977, § 14-6502; Ord. No. 1999-12, § 1, 2-9-99; Ord. No. 1999-35, § 1, 3-9-99)

§ 122-127

Processing application; issuance of permit.

Sec. 122-127. Processing application; issuance of permit.

(a)After the application for the permit required by this division has been filed, the department of police shall determine whether the applicant has been convicted of a violation of a criminal law or section of this Code or other ordinance involving larceny, burglary or theft of any description as defined in the Criminal Code of Georgia (O.C.G.A. § 16-1-1 et seq.). The application, together with the report of the department of police, shall be forwarded by the department of police to the license review board within 20 days after the initial filing, after which time the license review board shall hold a public hearing on the application.

(b)The license review board shall thereafter report its conclusions and recommendations to the mayor. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, deny or grant an application for a new permit. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application or matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor.

(c)Upon the issuance of a permit to engage in business as a precious metals dealer, the permit holder shall submit an annual permit fee in the amount of $750.00 (Code 1977, § 14-6503; Ord. No. 1999-12, § 2, 2-9-99; Ord. No. 1999-35, § 2, 3-9-99; Ord. No. 2008-79(08-O-1677), § 25, 11-6-08)

§ 122-128

Suspension or revocation.

Sec. 122-128. Suspension or revocation.

Any permits issued pursuant to this division may be suspended or revoked upon the following grounds:

(1)The holder of the permit misrepresents any information in the original or renewal application for any permit authorized by this division;

(2)The violation of a conviction of the holder of the permit of any criminal law involving larceny, burglary or theft of any description as defined in state law; or

(3)The violation of a conviction of the holder of the permit of any part of section 122112(a).

(Code 1977, § 14-6509)

§ 122-129

Notice and hearing on suspension or revocation.

Sec. 122-129. Notice and hearing on suspension or revocation.

(a)No permit which has been issued to any person pursuant to this division shall be suspended or revoked except upon one or more of the grounds stated in section 122-128 and until after the holder of the permit has been afforded a hearing.

(b)No hearing as provided in subsection (a) of this section shall be held unless the holder of the permit has been given at least five days' notice of the time, place and purpose of the hearing and a written statement of the charge upon which the hearing shall be held.

(c)Charges upon which any permit issued pursuant to this division may be initiated by the license review board or the police chief.

(d)The license review board has the authority to conduct such hearings and report its findings and recommendations to the mayor, who shall make the final decision with regard thereto. The mayor may suspend any such permit. The suspension may be made effective immediately and be in force until the next regular meeting of the license review board. Nothing in this section limits the powers of the mayor to suspend the permit for a time expiring prior to its next regular meeting. (Code 1977, § 14-6510)

§ 122-130

Background checks.

Sec. 122-130. Background checks.

All persons or businesses licensed by the city to deal in precious metals ("dealer") shall perform criminal background checks on all employees hired after the date of passage of the ordinance. The dealer shall maintain such background check records for a minimum period of at least five years after an employee leaves the dealer's employ. The dealer shall provide all information relevant to the criminal background checks on all new employees to the Atlanta Police Department Licenses and Permits Unit within 30 days of the date of hire of said employee. (Ord. No. 1999-12, § 3, 2-9-99; Ord. No. 1999-35, § 3, 3-9-99)

Secs. 122-131—122-150. Reserved.

ARTICLE V. SECONDARY METAL RECYCLERS* DIVISION 1. GENERALLY

§ 122-151

Definitions.

Sec. 122-151. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Chief means the police chief or any member of the department of police designated by the chief.

Department means the department of police.

Ferrous metals means any metals containing significant quantities of iron or steel.

Fixed location means any site occupied by a secondary metals recycler as owner of the site or as lessee of the site under a lease or other rental agreement providing for occupation of the site by the secondary metals recycler for a total duration of not less than 364 days.

License review board means the city license review board.

*State law reference—Secondary metals recyclers, O.C.G.A. § 10-1-350 et seq.

Money means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency.

Nonferrous metals means metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel and alloys thereof, excluding precious metals subject to regulation under article IV of this chapter.

Personal identification card means a driver's license or identification card issued by the department of police or a similar card issued by another state, a military identification card, a passport or an appropriate work authorization issued by the United States Immigration and Naturalization Service.

Purchase transaction means a transaction in which a secondary metals recycler gives consideration having a value in excess of $5.00 in exchange for regulated metals property.

Regulated metals property means any item composed primarily of any nonferrous metals, but does not include aluminum beverage containers, used beverage containers or similar beverage containers.

Secondary metals recycler means any person who is engaged, from a fixed location or otherwise, in the business of paying compensation for ferrous or nonferrous metals that have served their original economic purpose, whether or not such person is engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value. (Code 1977, § 14-6341)

Cross reference—Definitions generally, § 1-2.

§ 122-152

Records required.

Sec. 122-152. Records required.

(a)A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is party.

(b)The following information must be maintained for each purchase transaction:

(1)The name and address of the secondary metals recycler.

(2)The name, initials or other identification of the individual entering the information on the ticket.

(3)The date of the transaction.

(4)The weight, quantity or volume and a description of the type of regulated metals property purchased in a purchase transaction.

(5)The amount of consideration given in a purchase transaction for the regulated metals property.

(6)The distinctive number from and type of the personal identification card of the person delivering the regulated metals property to the secondary metals recycler and that person's name, address and signature.

(c)A secondary metals recycler shall maintain or cause to be maintained the information required by this section for not less than three years from the date of the purchase transaction. (Code 1977, § 14-6344)

§ 122-153

Inspection of regulated metals property and records.

Sec. 122-153. Inspection of regulated metals property and records.

During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly presenting identification as a law enforcement officer, have the right to inspect any and all:

(1)Purchased regulated metals property in the possession of the secondary metals recycler; and

(2)Records required to be maintained under section 122-153.

(Code 1977, § 14-6345)

§ 122-154

Hold notice.

Sec. 122-154. Hold notice.

(a)Whenever a law enforcement officer has reasonable cause to believe that certain items or regulated metals property in the possession of a secondary metals recycler have been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler.

(b)The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metals property that are believed to have been stolen and that are subject to the notice and shall inform the secondary metals recycler of the information contained in this section. The hold notice may be delivered via facsimile transmission; however, a hold notice delivered in such manner shall be valid for a period not to exceed 24 hours from such transmission. The hold notice may be extended to the full period of time allowed in subsection (c) of this section by hand delivery to the secondary metals recycler by a law enforcement officer of the hold notice.

(c)Upon receipt of the notice issued in accordance with this section, the secondary metals recycler receiving the notice may not process or remove the items or regulated metals property identified in the notice or any portion thereof from the place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer.

(d)At the expiration of the hold period the hold is automatically released, and the secondary metals recycler may dispose of the regulated metals property unless other disposition has been ordered by a court of competent jurisdiction. (Code 1977, § 14-6346)

§ 122-155

Applicability of certain sections.

Sec. 122-155. Applicability of certain sections.

Sections 122-152, 122-153 and 122-154 shall not apply to any regulated metals property purchased or received from any public utility; any industrial or manufacturing plant; any other commercial vendor that generates regulated metals property in the ordinary course of business; the United States or any agency thereof; any state, county or municipality or any department thereof; or any public authority or any scrap purchased at any judicial sale. However, all of such sections shall apply to any regulated metals property which is delivered to a secondary metals recycler by any agent or employee of any of the entities named in this section. (Code 1977, § 14-6347)

§ 122-156

Identification of vehicles.

Sec. 122-156. Identification of vehicles.

It shall be unlawful for any secondary metals recycler to purchase regulated metals property in the city utilizing any vehicle which is owned, operated by or in the custody of such secondary metals recycler unless the vehicle shall have printed upon it, in large letters not less than six inches in height, the name of the secondary metals recycler. (Code 1977, § 14-6348)

§ 122-157

Unlawful acts.

Sec. 122-157. Unlawful acts.

It is unlawful for a secondary metals recycler to do or allow any of the following acts:

(1)Purchase regulated metals property between the hours of 9:00 p.m. and 6:00 a.m.

(2)Purchase regulated metals property at a location other than the place of business set forth in the license.

(3)Purchase regulated metals property in return for money from a trailer, a vehicle or any location other than a fixed location. However, regulated metals may be purchased from a nonfixed location with any negotiable or nonnegotiable instrument, including a check or draft or any other type of instrument purchased with money, and sold for the purpose of making payments or transfers to others.

(Code 1977, § 14-6351)

Secs. 122-158—122-170. Reserved.

DIVISION 2. LICENSE

§ 122-171

Required; application.

Sec. 122-171. Required; application.

(a)As used in this section, the term "applicant" means the following:

(1)If a corporation, the chief executive officer or some other person with written author-ity from the corporation to bind the corporation as to its business operations within the city;

(2)If a partnership, the partner with the greatest proprietary interest;

(3)If an individual, that individual; or

(4)If a firm or association, the person with the greatest proprietary interest.

(b)No person shall engage in business as a secondary metals recycler at any location without first obtaining a license to engage in the business.

(c)A license for a secondary metals recycler shall authorize the licensee to engage in the business of paying compensation for ferrous or nonferrous metals that have served their original economic purpose.

(d)Application for the license shall be made to the department of police.

(e)The application for any such license shall be in writing and shall be sworn to or affirmed by the applicant.

(f)A fee of $100.00 shall be charged.

(g)The application shall contain the name, age and address of the applicant, together with the names, ages and addresses of all other persons having an interest in the business. For a publicly held corporation, only those owners holding at least 40 percent of the shares shall be required to be named. The application shall also contain a statement that the applicant will comply with the sections of this Code and other ordinances of the city relating to the business for which the applicant seeks a license. If the applicant is a corporation, the application must include the name and address of such corporation's registered agent for service of process in the state and a certified copy of statement from the secretary of state that the corporation is duly organized in the state or, if the corporation is organized in a state other than this state, a certified copy of the statement that the corporation is duly qualified to do business in this state. (Code 1977, § 14-6342)

§ 122-172

Processing application; issuance of license.

Sec. 122-172. Processing application; issuance of license.

(a)After the application for the license required by this division is filed with the department of police, a criminal record check will be done. During the investigation by the police, the application shall be transmitted to the department of planning and development for review as to compliance with applicable sections of this Code and the Ordinances. This department shall send its report to the license review board.

(b)The license review board shall hold a public hearing and shall report its recommendation, together with the recommendation of the department of planning and development and of the department of police, to the mayor.

(c)The mayor, upon receiving the recommendations described in subparagraph (b) above, may, within 60 calendar days of receipt of said recommendations, deny or grant an application for a new license. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application or matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor.

(d)If final action on the application is favorable, the applicant shall be issued an initial annual license for a fee of $500.00. The initial annual license will allow the licensee to engage in business as a secondary metals recycled or scrap processor and shall be valid until December 31 of the initial year of issuance, unless the license is suspended or revoked for violations of the Charter or related state laws or this code or other ordinances of the city. Thereafter, the applicant shall be required to obtain a renewal license for each succeeding year. A renewal application shall be accompanied by a fee of $500.00. A renewal license shall be issued by the licenses and permits unit of the police department if the applicant for renewal continues to meet all of the prerequisites for obtaining an initial license and no action to deny, suspend or revoke the license is pending against the applicant. (Code 1977, § 14-6343; Ord. No. 1999-19, § 1, 2-9-99; Ord. No. 2008-79(08-O-1677), § 26, 11-608)

§ 122-173

Grounds for denial, suspension or revocation.

Sec. 122-173. Grounds for denial, suspension or revocation.

Any license issued pursuant to this division may be denied, suspended or revoked upon the following grounds:

(1)For the holder of the license to state any untrue or false information in any original, renewal of transfer application for any license authorized by this division, notwithstanding the fact that the untrue and false information may have been discovered by the department after the applicant has been granted the license;

(2)For any three violations within a 12month period by the holder of the license or an applicant for a license, of any laws or sections of this Code, or other ordinances regulating the business licensed pursuant to this article, for the violation of any laws, rules or regulations of the Georgia Environmental Protection Division (EPD) or any successor agency with the same or similar regulatory function or of the U.S. Environmental Protection Agency (EPA) or any successor agency with the same or similar regulatory function.

(3)For the conviction of the license holder of any criminal offense relating to theft.

(Code 1977, § 14-6349; Ord. No. 2007-30(07-O0971), § 1, 5-29-07)

§ 122-174

Notice and hearing on denial, suspension or revocation.

Sec. 122-174. Notice and hearing on denial, suspension or revocation.

(a)No license issued to any person pursuant to this division shall be denied, suspended or revoked except upon one or more of the grounds stated in section 122-174 and until after the holder of the license has been afforded a hearing.

(b)No hearing as provided in subsection (a) of this section shall be held unless the holder of the license has been given at least ten days' notice of the time, place and purpose of the hearing and a written statement of the charge upon which the hearing shall be held.

(c)Action to deny, suspend or revoke any license issued pursuant to this division shall be initiated by the chief.

(d)The license review board is delegated that authority to conduct the hearings in this section and report its findings and recommendations to the mayor, who shall take final action. (Code 1977, § 14-6350)

Chapters 123—125 RESERVED Chapter 126 SOCIAL SERVICES* Article I. In General Secs. 126-1—126-25. Reserved.

Sec. 126-26. Sec. 126-27. Sec. 126-28.

Article II. Charitable Institutions Monthly appropriations; effect of institution’s refusal to receive charitable cases. Reception by institution of persons claiming injury on streets, public places. Duty of institutions to receive objects of charity when sent by heads of departments, mayor.

*Cross references—Office of citizen employment and training, § 2-231; office of human services, § 2-236; budgets for and rental of neighborhood centers, § 2-921; mayor’s committee on drug control, § 2-1956 et seq.; free burial permits for paupers, § 38-28; health and sanitation, ch. 86.

State law references—Constitutional grant of home rule powers, Ga. Const, art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; social services generally, O.C.G.A. § 49-1-1 et seq.

SOCIAL SERVICES

ARTICLE 1. IN GENERAL

Secs. 126-1—126-25. Reserved.

ARTICLE II. CHARITABLE INSTITUTIONS