Regarding buying and selling scrap gold in Texas:
Texas Precious Metals and Dealers in Second Hand
TEXAS
Article I. – Dealers in Secondhand Used Personal Property, Gold, Silver and Other Precious Metals
5.84.010 – Policy.
It is declared to be the policy of the city, in the exercise of its police power for the protection of the safety, health and welfare of its citizens to regulate the purchase, sale, barter or exchange of secondhand articles, gold, silver, platinum and other precious metals and gems by dealers in such items.
(Prior code § 15-38(A))
5.84.020 – Definitions.
The following words are defined as follows:
A.
“Engaged in or conducting business” means the purchase, sale, barter or exchange of any item aforesaid, including advertising therefor and including such business conducted by an established dealer in a permanent location and including any temporary, transient or itinerant business.
B.
“Itinerant dealer” means any dealer as defined herein who engaged in any temporary or transient business conducted in a shop, room, hotel room, motel room or other premises rented for any duration less than thirty consecutive days or used on a temporary basis. (An itinerant dealer is not a local dealer who must move his shop from his existing location to a new location within the city due to loss of lease or voluntary move prior to the expiration of the minimum thirty-day period.)
C.
“Secondhand dealer” means an individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized engaged in or conducting business in the City of El Paso for purchasing, trading, bartering or exchanging secondhand personal property, gold, silver, and other precious metals.
D.
“Secondhand goods” means or “used personal goods” shall consist of any item of personal property or object of value such as gold, silver, jewelry and/or other precious metals, which is not purchased or sold as new. Secondhand or used personal goods do not include property purchased by one licensed, established merchant in the normal course of business from another licensed, established merchant. Secondhand or used personal goods shall include, but are not limited to, the following items:
- Jewelry of any kind and of any metal, precious or semiprecious in nature;
- Gold, silver and/or other precious metals in whatever identifiable form except for numismatic coins or bullions;
- Any type of gem or precious stone, including diamonds;
- Office supplies;
- Furniture fixtures;
- Electronic equipment such as televisions, radios, and stereos;
- Appliances (appliance dealers already subject to licensing under Chapter 5.16 of this code shall not be expected to secure the license under this article, but are subjected to all of its other provisions.)
(Prior code § 15-38(B)(1)—(4))
5.84.030 – License—Required.
It is unlawful for an individual, partnership, corporation, joint venture, trust, association or other legal entity to engage in the business of a second-hand goods or used personal property, gold, silver and/or other precious metals dealer as defined in this article, without first obtaining a license therefor, as hereinafter provided. A separate license shall be required for each location, place or premises used for the conduct of the business of the secondhand dealer.
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