Sunday, January 5, 2014

Sheriff Won't Need Search Warrant to Inspect Businesses

UPDATE: Ordinance 7409 was approved January 7, 2014. The Richmond County Sheriff’s Office will have the responsibility for the enforcement of the Second Hands Ordinance. The Sheriff, or his(her) representative, will have the authority to inspect establishments licensed during the hours in which the premises are open for business. These inspections should be made for the purpose of verifying compliance with the requirements of the ordinance and state law. The Richmond County Commission will vote to approve on January 7, unless some Commissioner changes his/her vote at the last minute.

The motion is to approve an Ordinance to amend the Augusta, Georgia Code, Title 6 Chapter 6, Section 6-6-1 through Section 6-6-36, to add a new section to be designated 6-6-37; to provide for additional definitions; to clarify Code requirements as to books, DVDs, CDs and other items; to provide updates; to repeal all Code Sections and Ordinances and parts of Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Commission December 17, 2013-second reading)

On May 21, 2013 the Augusta, Georgia Commission approved Ordinance No. 7409 providing for operating standards for Brokers, Pawnbrokers, Dealers in Precious Metals or Gems and Itinerant Dealers in Precious Metals or Gems.

The Sheriff’s Office recognized the need to clarify the requirements of Ordinance No. 7409 with respect to books, DVDs, CDs and other items and to add additional definitions and updates to such ordinance.

Among other things, the ordinance ordains: 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 the chapter, without the formality of a search warrant.

Any person, firm or corporation who does business in Richmond County as a Broker, Pawnbroker, Book dealer, Dealer in Precious Metals or Gems, or Itinerant Dealers in Precious Metals or Gems shall, before engaging in such business, obtain a business tax certificate in accordance with Title 2, Chapter I of the Augusta Richmond County Code.

Sec. 6-6-6. Application:
Broker, Pawnbroker, Book Dealer, Dealer in Precious Metals or Gems, Itinerant Dealers in Precious Metals or Gems.

The application for said business shall be signed and dated by the applicant and contain answers to the following questions:

(a) What is the kind of business to be operated?
(b) What is the name of the business?
(c) What is the location where such business is proposed to be carried on and the telephone
number of said location?
(d) What is the name of the applicant for the business tax certificate, and the home address and
telephone number of said applicant?
(e) Where has applicant resided for the six (6) months preceding the date of this application?
(f) What was the applicant's previous home address, and how long was applicant a resident
(g) What is the Social Security number of said applicant?
(h) What are the names and addresses of all persons having an interest in said business?
(i) What interests do such persons have?
(j) Who is the landlord or owner of said location, and what is the address and telephone number
of said landlord or owner?
(k) Has the applicant or any person connected with or having an interest in said business:
(l) Been charged or convicted of any violation of law (other than minor traffic violations)
in any locality?

(2) Served time in prison, or other correctional institution?

Download the Ordinance to be approved on January 7 during the Richmond County Commission regular session. 

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