03-16-1981 Regular MeetingContinued - March 9, 1981
the main line we would probably repair it. This agreement is to ensure owners
of Plumtree Apartments that we will make the repairs if anything goes wrong with
the line, in exchange for the easement rights. Vote on the motion carried.7-0.
(Finance) Elbert Coalson said•the Georgia Power franchise tax check this year
was for $297,700. This money was used to pay off.a note for. $200,000 and the
balance of the loan on the computer. '
Elbert Coalson complimented Chief Little and his people for the good job they did
at the auction. All the items were sold and they were just 40� shy of raising
$4,000.
Elbert said $28,000 had been appropriated in the budget for the purchase of four
new police cars, and they had been waiting for the award of the State contract
before purchasing these vehicles. The contract was awarded to Chevrolet .and
the cost of the vehicles now will be $30,832. Elbert made a motion four vehicles
be purchased on the State contract at a cost of $30,832. Jerry Mills seconded
the motion. John Steely asked if we requested bids on the cars if we could
possibly •beat the State contract price. Chief Little said it had been his exper-
ience in the past that no one could beat the prices'on a State contract. Ford
bid on the contract but did not meet the specifications. The cars we are buying
will be 4-door Impalas, regular police package. John said he didn't like the
idea of buying four automobiles at one set price without taking bids from other
dealers. Chief Little said the delivery date'on these cars would be 60 to 90
days. Vote on the motion carried 6-1, with John Steely opposed.
(Parks) John Steely read a request from Pete Wood for a parade permit for.the
Smyrna Little League Baseball Association for April 18th. John made a motion
the permit be approved. Jack Shinall seconded the motion which carried by a 7-0
vote.
John said the Parks and Recreation Commission was charged with the responsibility
of assisting the Parks Director in accomplishing goals for that department. One
of their goals listed was to name the baseball field at Ward.Park "Clarence 0.
Canada Field" in honor of the late Mr. Canada. John read the remainder of the
goals of the commission and expressed his appreciation to them. He congratulated
Bob Arnold on the fine job he has done as Chairman of the Parks and Recreation
Commission.
Announcements: Save Old Smyrna meeting March loth at 7:30, and the next council
meeting will be March 16th.
With no further business, meeting adjourned at 9:07 p.m.
March 16, 1981
The regular scheduled meeting of Mayor and Council was held March 16, 1981, at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor Frank Johnson. All council members were present. Also present was
City Clerk Willouise Spivey, City Attorney Charles Camp, Police Chief Everett Little,
Public Works Director Jim David, Parks and Recreation Director Bill Johnston,
Building Inspector Dan Steely, Civil Defense Director Jim Farley, and representatives
of the press.
Invocation was given by Councilman Elbert Coalson, followed by the pledge to the
flag.
Citizens Reports: Martin Quirk of the Smyrna Jaycees said the Jaycees would be
sponsoring a barbecue at Belmont Hills on March 21st and requested permission to
ask for donations on the street. The proceeds will go to Smyrna Policeman John
Everett who has aiback injury. Mr. Quirk was advised to let the Police Department
know of their plans. el,�
Zoning: Mr. James Benton requested rezoning of property located at 2824 King
Street from R-15 to Limited Commercial, for office and storage. There were several
in the audience in opposition to the rezoning. Mr. Benton said he wanted to have an
Continued - March 16, 1981
office for himself and rent the rest of the building. He plans to remodel the
house and landscape but does not have any existing plans. Mr. Benton does soil
testing for sub -contractors or, engineering firms and most of his work is done
on the job site. He said there was plenty of room for parking off King Street
and at times he would have trucks parked there. Following further discussion,
Jerry Mills made a motion the rezoning be denied for the following reasons:
1) King Street is a logical boundary line for residential zoning and
limited commercial use at this location.
2) Rezoning this property from residential use to limited commercial would
constitute an encroachment upon one of the oldest neighborhoods in the
City and eventually lead to its destruction.
3) There is no other logical buffer down Bank Street to separate the
strictly residential area from commercial.
4) This property has been used as residential for many, many years and
I do not believe the owner can show substantial loss of use by denying
this zoning, especially in view of the potential loss to the neighboring
properties.
Max Bacon seconded the motion which carried by a 7-0 vote.
Variance: Mr. Larry Cohran requested a variance on property located at 2569
Spring Drive for construction of a garage, to build within 3 feet of the reao and
side yards. The Code now requires that accessory buildings be built 5 feet from
the rear line in a residential district, and 10 feet on the side line. Jim Tolleson
said he had no problem with the variances, but there was a problem with the number
of square feet of the area he is going to cover. Section 801 of the Code states
that the maximum lot coverage by buildings, including paving, shall not exceed
35% of the total lot area. The garage Mr. Cohran plans to build is larger than
his house and construction of a secondary building this size would be too large
for the lot. Mr. Cohran said he was receiving complaints from his neighbors about
having too many cars parked around the house and that is his reason for building
the garage, which would park 4 cars. He has no intentions of doing any commercial
work there. Jim Tolleson said he would certainly -entertain a variance of some
type building of a smaller size, but absolutely nothing this large. The neighbors
owning the adjoining property involved submitted letters saying they had no
objections to the construction. M'rs. Sandy Brown, 2551 Spring Drive, spoke in
opposition to the construction for'the reason that the building is too large. Jack
Shinall said he would like to make a motion to table this request to give Mr. Cohran
an opportunity to get together with his neighbors and work something out. Jim
Tolleson made a motion the variance request be denied. Jerry Mills seconded the
motion which carried by a 7-0 vote.
o Martin Quirk,.attorney representing Smyrna Pawnbrokers at 630 Cherokee Road asked
how the precious metals dealer ordinance applied to pawnbrokers, especially
Sections 14A-59 and 14A-60. Section 14A-59 (a) states every precious metal dealer
shall maintain a book in permanent form to enter each purchase. Following that
is a list of requirements, including identifying the seller of the merchandise by
social security number and also a self -developing photograph. In Section 14A-60
it states a daily report shall be made for the Police Department for all property
pledged to or bought by the shop. Mr. Quirk said pawning was actually a pledge
of goods, and a purchase was something else. His client does both; they buy
precious metals and they pawn precious metals. He felt his client would have to
comply with Section 14A-60 requiring them to make daily reports, but 14A-59 would
not apply to them except when they purchase. In answer to a question from Jerry
Mills, Mr. Quirk said any merchandise pawned and not picked up within 30 days
belongs to the dealer to,keep or dispose of in any way he chooses. Chuck Camp
stated Section 14A-59 (a) did apply to pawnbrokers if any item containing precious
metal was pawned and was not limited strictly to -the purchase of such items. J.im
Hawkins said he felt this was a good ordinance and the only real difference in
pawning or selling precious metal items versus other items, is that the seller must
be photographed. Mr. Quirk said he felt the City was doubling up on their regula-
tions for pawn shops and precious metal dealers andhis client was only trying
\ to cut down on their cost. Jim Hawkins recommended that Mr. Quirk meet with the
City Attorney if he wanted to pursue this any further, as he authored the ordinance.
Mr. Quirk said he would like to see the ordinance amended by allowing video taping
of sellers, rather than using self -developing photographs as one means of cutting
their expense. Jack Shinall again advised Mr. Quirk to get with the City Attorney
Continued - March 16, 1981
and Police Chief for further discussion. Elbert Coalson said he had never heard
of any complaints about Smyrna Pawnbrokers, and thanked them for running a clean
place.
Commercial Building Permits: A & P Food Store at Belmont.Hills Shopping Center
requested a`permit for the addition of a delicatessen at an estimated total cost
of $60,000. Plans have been reviewed by the Fire Marshal and Inspections Depart-
ment and Inspector Dan Steely recommended the permit be approved. Jerry Mills
made a motion the permit be approved. Jack Shinall seconded the mot ion which
carried by a 7-0 'vote._.
Mayor Johnson read a proclamation declaring April 11, 1981 as Cystic Fibrosis Day
in Smyrna. The proclamation was presented to Mrs. Karen -Walters, and Mayor
Johnson thanked her for the good 'Job she has done for this worthy._cause.
Committee Reports: (Parks) John Steely said the annual Super Family Field Day
would be March 29th at King Springs Park. The Cobb County Special Olympics
program will beat Lar.ry_Bell track on March 19th. John said the Campbell High
School basketball -team represented us at the State tournements and he commended
the coaches and players for the good job they did:
Elbert Coalson said Campbell didn't have anything to be ashamed of because they
lost the finals in the tournament, and that he was certainly proud of them.
(Police) Elbert Coalson said at the previous meeting we accepted the bid on
the State contract for the purchase of four police cars, and made a motion this/
be rescinded. Jack Shinall seconded the motion. Vote on the motion carried 7-0.
Elbert made a motion that bids be let for four police cars to be sent to Ford
and Chevrolet dealers in the metropolitan area, to be opened at the next Council
meeting. Jack Shinall seconded the motion which carried by a 7-0 vote.
Jack Shinall said it was his pleasure tonight to make the motion that the base-
ball field at Ward Park be named "Clarence 0. Canada Field" in memory of Clarence
0. Canada who served Ward 5 for over 10 years. He died last year, and will always
be remembered for his work with the youth and community. Elbert Coalson seconded
the motion, saying he served on council with Mr. Canada longer than anyone else
and he had done a lot for the athletic programs in the City, even before we had
a Parks Director. Jerry Mills said he also served with Clarence for many years
and he worked hard for the City. He thought this was a good honor for a good man.
Vote on the motion carried 7-0.
(License & Permits) Jim Hawkins said the Planning and Zoning Board would meet
at 5:30 on March 23rd and one item on the agenda is recommendations for some changes
to the zoning ordinance, particularly the zoning classification proposed for '
duplexes and townhouses. Jim thought it would be good for any councilman who was
interested to attend this meeting and give his input.
Jim Hawkins asked permission from council to ask the City Attorney to look into
the possibility of drawing up some new ordinances requiring modeling agencies to
operate under a privilege license, subject to police investigation and voted on
by Mayor and Council before any license for that type activity could be granted.
Jerry Mills also recommended that no other business licenses of this type be
issued until the new ordinance has been approved, and made a motion that no
business licenses for modeling agencies be issued for a period of 60 days until
the ordinance is prepared. Jim Hawkins seconded the motion which carried by a
7-0 vote.
Jim Hawkins said Wills High School did compete in the State tournament, although
they were eliminated in the first game. We had two high schools in Smyrna go all
the way to the State championships and that speaks pretty well of the Smyrna
Athletic Association, because most of those boys played SAA basketball in Smyrna.
This is the second year in a row Wills has been to the State championship.
(Streets) Jerry Mills said we have had some problems with parking on Highland
Drive and read a recommendation from the Public Works Department that no parking
be allowed on either side of Highland Avenue at the crest of the hill, for a
distance of 300 feet. Jerry made a motion these no parking signs be approved.
Jim Tolleson seconded the motion but expressed some concern about erecting these
signs in a residential neighborhood. Vote on the motion carried 7-0.
Continued - March 16, 1981
Jim Tolleson asked if there was any agreement between the City and Lockheed
regarding the use of the air tunnel, and if there was a curfew. Jim said it `
was operating at 10:30 on Friday night and caused his windows 'to -rattle and
he had also received quite a few complaints from his neighbors. He called Lock-
heed and was told they could operate the tunnel until 1:00 a.m. Mayor Johnson
��. said he thought a phone call to Roy Simmons at Lockheed would help, and said he
would make the call.
4
Jim Tolleson said he would like to remind residents that parking on both sides of
the streets in a residential section was not a good idea; if a fire truck needed
to pass it would be unable to do so. Jim said if it was necessary to park on the
street, the cars should be staggered to allow easy passage.
Jim Tolleson said he•and Jack Shinall would like to introduce the new Internal
Control=System-at the next council meeting and hopefully adopt it at the following
meeting. Jack Shinall said we would probably need a work session before it was
adopted, and Elbert Coalson called a meeting for March 23rd.at 7:00. p.m.
Jim Tolleson said the central dispatch system would by ifioperation April 5, 1981,
and listed the following advantages of the new system..
1) Will save the City money, but the sole purpose ;of this system is to
improve the quality of our emergency call handling and dispatching.
�N 2 Provides one easy 7-digit number to call in our cit for an emergency
) Y 9� Y� Y
and makes two dispatchers available with adjacent dispatching positions
covering any type emergency in the City.
3) Provides for increased coordination by dispatchers in emergencies.
4) Provides coverage for public works and parks during off -hours.
5) Provides direct radio and telephone contact with the responding
ambulances.
6) Provides for increased professionalism by dispatchers through a taped
training and monitoring system.
7) Will upgrade the pay scale for dispatchers.
8) Provides for centralized communication planning, which we need
desperately.
9) Provides for a more modern communication system, using automatic
dialers and electronic telephone features. The State network type-
writer has already been updated and we will be installing a 24-hour
tape recording system for all emergency calls.
10) Will allow three firemen now answering telephone calls to return to
fighting fires.
11) Provides a much easier and faster way for our citizens, or visitors
to our city, to reach help in an emergency.
Jim said the citizens would not be calling this number for ambulance dispatch,
but if they did, our people would be trained to contact an ambulance in -a moment's
notice.
Announcements: Woodmere-Jacksonville reception March 17th at the Marriott; CMA
meeting March 18th to discuss local option sales tax; next council meeting April
6th.
With no further business, meeting adjourned at 8:50 p.m.
A.
RAN B. JOHNS ,MAYOR
�,JJ4�IESE�TRLESON, WARD 1
RRY LS, WARD 3
WILLOUISE C. SPIVEY, CLER
MAX KACON, WARD 2
AMES M. HAWKINS, WARD 4
J
7
ELBERT R. COALSON, WARD 6
POST OFFICE BOX 1226 THE .16N04 CITY
1. IS, SMYR A. GEORGIA 30081 TELEPHON E�434 4$600
MAYOR March 10, 1981 FRANK B. JOHNSON
To: Cobb County Health Department
From: Engineering Department, City of Smyrna
CITY COUNCIL
Subject: Sanitary Sewer, Ms. Lela Long
WARD 1 f 1195 Stephens St., Smyrna, Georgia
JAMES E. TOLLESON
aw
WARD 2
MAX BACON
Attn: Mr. Ackerson
"D 3
MILLS
J,M WARD I INS The City has'old bid prices on installation of a sanitary sewer
HAWK /
line to serve Ms. Long and six.(6) other homes adjacent to her.
WARD 5
JACK SHINALL
I have received request from Council ,,to:obtain new bids and sub
WARDS
mit them at next Council Meeting March 16, 1981, 7:30 p. m. for
ELBERT COALSON a final decision to install or not the sanitary sewer line to
serve Ms. Long along with the other six (6) houses.
WARD 7
JOHN STEELY
Will appreciate if you could delay any action from your department
CITY CLERK ..until after next Council Meeting.
WILLOUISE C. SPIVEY
CITY CLERK EMERITUS If I may furnish additional information, please contact me.
L W . CHARLES
CITY ATTORNEY Si cerely,
.6 CHARLES E. CAMP
RECORDER'S COURT JUDGE ames E. David
—C.V. REEVES City Engineer
City of Smyrna
JED/bw
r_
COBB COUNTY HEALTH DEPARTMENT
March 3, 1981
Ms. Leila Long
1195 Stephens Street
Smyrna, Georgia 30080
Re: Your property at 1195 Stephens Street
Dear Ms. Long:
277 FAIRGROUND ST.. S. E.
MARIETTA. GEORGIA 30060
TELEPHONE 422-9440
A check of your premises reveals a condition which constitutes a health
hazard to the.community.
The observed health hazard and necessary minimum correction is described
below.
You are herewith advised of the referenced health hazard and alloted 15
days as a reasonable time in which to make the necessary correction.
We will recheck for compliance on or shortly after March 23, 1981.
If you have any question please feel free to call us.
Sincerely,
John Ackerson
Public Health Sanitarian
JA/pm
Health Hazard: Septic tank effluent leaking to the surface of the
ground causing a potential health problem to the
community.
Correction: Repair septic tank system so that all sewage waste
water is absorbed below the ground surface.
I
e-Z
Ag
ARTICLE VI
DEALER OR PRECIOUS METALS DEALER
It is the intention of the governing body, and it is hereby ordained that
the provisions of this ordinance shall become and be made a part of the Code
of Ordinances, City of Smyrna, Georgia, and the sections of this ordinance may
be renumbered to accomplish such intention.
I
Section 10-40. Title.
This ordinance shall be known as and maybe referred to in its entirety as the
City of Smyrna "PRECIOUS METAL DEALER LICENSE ORDINANCE."
Section 14A-41. Definitions.
(A) Dealer or Precious Metals Dealer is any person, firm, corporation, partner-
ship, or other entity which operates a precious metals dealership, as defined
below;
(B) Precious Metals Dealership is any business which exclusively or as incidental
to or in connection with any other business, purchases, sells, barters or
acquires in trade, ore composed of precious metals containing in whole or in
part gold, silver, platinum or other precious or semi-precious metal; or used
or second-hand jewelry of any kind or description, including but not limited to
watches and clocks or articles of that kind or character made or composed, or
containing in whole or in part of gold, silver, platinum or other precious or
semi-precious metals; diamonds, emeralds, rubies, or other precious stones or
gems; rings and necklaces; and precious or semi-precious metals in any form,
including silverware and coins.
(C) A dealer shall not include dentists, manufacturers, industrial
producers or any -person or corporation which buys precious metals other than
coins, jewelry, ornaments, utensils or,.other manufactured items, as incidental
raw material used solely for the purpose of refining or remanufacturing into
articles, jewelry or items which when so processed would be classified as "new"
rather than "used" consumer or industrial goods.
Section 14A-42. Compliance Requirements.' .
(a) All persons, before beginning the business of operating a dealership of
precious metals as herein defined, shall first file an application with the
office of the City Clerk or his designate for a permit to conduct such business.
(b) All persons already engaging in such business prior to the effective date
of this article shall file an application, in accordance with the terms of this
article, within twenty (20) days of the effective date thereof. If the Mayor
and Council shall determine that any such application filed pursuant to this
—� °subsection (b) should be denied, the applicant may -continue to operate his business
i for a period of ninety (90) days following the date the application is denied;
provided however, that at all times during which such applicant continues to
operate his business he shall be subject to the regulatory provisions of this
article.
Section 14A-43. Application for license.
(a) All persons twenty-five (25) years or older desiring to obtain a license
required under this article shall make written application to the Mayor and
Council through the office of the City Clerk or his designate for such privilege
upon forms to be prepared and approved by the Mayor and Council. Such application
shall state the name and address of the applicant; the place where the proposed
business is to be located; the nature and character of the business to be carried
on; if a partnership, the names of the partners; if a corporation, the names of
the officers and stockholders; and such other information as may be required by
the office of the City Clerk or his designate, or the police department, and be
sworn to by the applicant or agent thereof.
(b) All applicants shall furnish
of them by the Mayor and Council
police department, and failure to
L
all data, information and records requested
or the City Clerk or his designate, or the
furnish such data, information and records
Corrected as approved by
Mayor and C6unci'l 2/16/81.
within thirty (30) days from the date of such request shall automatically serve
to dismiss, with prejudice, the application. An applicant, by filing an appli-
cation, agrees to produce for oral interrogation any person or persons requested
by the Mayor and Council or its duly authorized representative, such as the City
Clerk or the police department, or the City Attorney, and who is considered
by them as being important in the ascertainment of the facts relative to such
license. The failure to produce such person or persons, within thirty (30) days
after being requested to do so, shall result in the automatic dismissal of such
application.
(c) All applications for licenses hereunder shall be acted upon by the Mayor
and Council after a public hearing and after advertisement as required herein.
No license shall be issued until it has been approved by the Mayor and Council.
(d) Upon filing -of an original application for a license under this section,
the applicant shall deposit a processing fee of $ 100.00 to cover the cost
of processing the application, advertising and investigation which shall be
non-refundable and in addition to the normal business license fees.
Section 14A-44. Investigation of application; report.
All applications required by this article shall be investigated, and the police
department shall report its recommendation, in writing, to the Mayor and Council.
A copy thereof shall be filed with the office of the City Clerk or his designate.
Section 14A-45. Issuance of license to persons with prior convictions pro-
hibited; exception.
No original license hereunder shall be issued to any person, partnership or
corporation for pecuniary gain where any individual having an interest either as
owner, partner or principal stockholder, such interest being direct or indirect,
beneficial or absolute, or his spouse shall have been convicted or shall have
taken a plea of nolo contendere within ten (10) years immediately prior to the
filing of said application for any felony or misdemeanor of any state or of the
United States or any municipal or county ordinance, except traffic violations.
The term "conviction" shall include an adjudication of guilt or plea of guilty
or nolo contendere, or the forfeiture of a bond when charged with a crime; where
the violation is for a misdemeanor, forfeiture of bond, violation of a municipal
or county ordinance or where there is a plea of nolo contendere, the Mayor and
Council may, after investigation, waive same as a disqualification.
Section 14A-46. General qualifications; grounds for denial of license.
No application for any license hereunder shall be granted where the application
or the evidence on a hearing before the Mayor and Council shows any of the
following conditions to exist:
(a) The applicant is of bad moral character or has a bad reputation in the
community, or does not have sufficient mental capacity to conduct the business
for which the application is made.
(b) The applicant had had any license issued under the police powers of any
city or other governmental subdivision previously suspended or revoked.
(c) The applicant, as a previous holder of a license to operate a pawnshop
or precious metals dealers license has violated any law, regulation or ordinance
relating to such business within a ten-year period immediately preceding the
date of application.
(d) The applicant has failed to obtain any paper or document necessary in
pursuance of its business as may be required by any officer, agency or depart-
ment of the city, state or United States under authority of any law, ordinance or
resolution of the city, county, state or United States.
(e) The applicant has supplied false information, either upon his application
or in any communication with any official of the city relative to his application.
(f) The applicant intends to violate any law, ordinance or resolution regulating
such business or to violate any regulation made pursuant to authority granted
for the purpose of regulating such business.
-2-
(g) The applicant has failed to pay any fee required under this article or
has otherwise failed to comply with the provisions of this article.
(h) The applicant, during the twelve-month period next preceding the filing of
his application, has engaged in any deceptive business practice as defined by
section 14-51 (D) (1) and (6) of this article.
Section 14A-47. Transfers of licenses.
No license granted hereunder shall be transferable, except upon application
to the Mayor and Council in the same form and manner and subject to the same
requirements with respect to the transferee as are applicable in an original
application; provided, however, that any such license may be transferred only
to another person, firm, partnership or corporation doing the same business and
at the same place as the person, firm, partnership or corporation to whom the
license was originally issued. When permission for transfer has been granted,
the original licensee or transferee shall cause the license to be delivered to
the City'Clerk or his designate, who shall record such transfer, and the
transferee shall pay a fee therefor in the amount of fifty dollars ($50.00)
as a condition precedent to engaging in operations under the license.
Section 14A-48. Revocation and suspension of licenses - Generally.
Subject to the provisions of the following section, the Mayor and Council may
suspend, revoke or place on probation, with or without conditions, any license
issued under this article.
Section 14A-49. Same - Notice and hearing.
(A) No license issued under this article shall be suspended, revoked or placed
on probation, with or without conditions, except for due cause as defined in
subsection (D) hereof, and only after a hearing before the Mayor and Council
upon a prior written notice to the licensee of the time, place and purpose of
such hearing and a statement of the reason why the license would be suspended or
revoked. Three (3) days notice shall be deemed reasonable, but shorter or longer
periods of notice shall be authorized as the Mayor and Council may deem the
circumstances justify.
(B) The Mayor of the City of Smyrna must suspend a business license or give
three (3) days notice that such license is subject to suspension when there is
cause to believe that grounds exist for revoking the license. This action shall
be reviewed at the next regular council meeting or, at the request of the
licensee, a special meeting of the Mayor and Council may be called within three
(3) days after such request is filed with the office of the City Clerk or his
designate to affirm or refuse the suspension after the hearing of evidence. A
license shall not be revoked except upon action by the Mayor and Council.
(C) The City Clerk or his designate must suspend a business license or give
three (3) days notice that such license is subject to suspension when there is
cause to believe that grounds exist for revoking the license. Such action by
the City Clerk or his designate shall be recorded and forwarded, in writing, to
the Mayor and Council at the next regular or called meeting. If the Mayor and
Council affirm the decision of the City Clerk or his designate, then said license
shall be permanently revoked. If the decision of the City Clerk or his designate
is reversed, then said license shall be returned to the licensee immediately.
(D) "Due Cause" for the suspension or revocation of such license shall consist
of any of the following:
(1) A licensee commits a deceptive business practice if he:
(a) Uses or possesses a false weight or measure, or any other
device for falsely determining or recording any quality
or quantity in connection with any sale of services; or
(b) Sells, offers or exposes for sale, or delivers less than
the represented quality or quantity; or
(c) Takes or attempts to take more than the represented quantity
of any commodity when as buyer or broker he furnishes the
weight or measure; or
(d) Provides a service which is of an unreasonably lesser
quality than the service offered or represented; or
(e) is9made punishableebyfthe dlaws ofulent uthe eState ss transaction
of -Georgia.
(2) Violation of any laws, ordinances or resolutions regulating such
business, or violation of regulations made pursuant to authority
granted for the purpose of regulating such business;
(3) The licensee has supplied false information to the City Clerk or
his designate, regardless of when the City Clerk or his designate
shall have become aware of same;
(4) The licensee has failed to obtain or has suffered the expiration,
suspension or revocation of any paper or document necessary in pur-
suance of its business, as may be required by any officer, agency,
authority or department of the city, county, state or the United
States under authority of any law; ordinance or resolution of the
city, county, state or the United States.
(5) The licensee has failed to comply with any provision of this
article; or
(6) A licensee makes any misrepresentation of fact, whether through
advertisement or through any form of direct communications, oral or
written, which is intended to mislead the public or to mislead any
party with whom the licensee deals in pursuance of the licensed
business. The term "misrepresentation of fact," as used herein,
shall embrace not only express misrepresentations but also mis-
representations arising by virtue of the licensee's conduct, including
acts and omissions. By way? of illustration only, and without
limiting the scope of this subsection, "due cause" as herein defined
shall consist of any act or practice designated as unlawful in
Sections 3 (b) (1) through 3 (b) (11) of the Fair Business Practices
Act of 1975 (Ga. Laws 1975, P. 376) (Ga. Code Ann. 106-1201 et seq.)
or declared by the administrator of said act to be unlawful pursuant
to regulations made under Section 4 of said act, subject to the
exemptions contained in Section 6 of said act.
(E) The Mayor and Council may specify conditions of operation of the`license
holder during any time of probation. Such conditions shall be on file with the
office of City Clerk. No probation shall extend over a period of more than
twelve (12) consecutive calendar months.
Section 14A-51. License to be obtained within two weeks of approval of
application.
(a) All licenses must be obtained and fees paid not later than:two (2) weeks
from the date of the approval of the application by the Mayor and Council, and
if not so obtained the permit granted by the Mayor and Council shall be void.
(b) When a license has been approved and the applicant has deposited with the
office of the City Clerk or his designate the required fee, the license shall
be issued.
Section 14A-52. Annual license fee to be set by Mayor and Council; refunds.
(a) The annual license fee for each classification of license hereunder shall
be set by the Mayor and Council.
(b) No license shall be issued for less than a calendar year period, and in
case of the revocation or surrender of such license before the expiration of
such calendar year period, the holder thereof shall not be entitled to receive
any refund whatsoever.
(c) All licenses shall be issued for the calendar year beginning January 1,
and the fees prescribed by the Mayor and Council shall be paid in full by each
person prior to issuance of a license.
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(d) Any license issued under this article shall expire on December 31 of the
calendar year for which it is issued.
(e) No license fee shall be prorated for any business commenced on January 1
of any calendar year, and the full amount of the annual license fee, as prescribed
by the Mayor and Council, shall be payable for any business commenced after
January 1 of any calendar year.
Section 14A-53. License to authorize conduct of one place of business.
Each license issued hereunder shall authorize the conduct of one place of business
only, and persons doing business only, and persons doing business in more than
one place within the incorporated portions of the City of Smyrna, Georgia, shall
obtain a separate license, paying a separate fee, for each such place of business.
Section 14A-54. Change of location.
Any person moving from one location to another shall notify the office of the
City Clerk or his designate of such move and of the new address in writing on
a form provided by the City Clerk or his designate, no later than the day of
moving. A new business license shall be issued upon payment of a twenty-five
dollar ($25.00) fee if the new location conforms to the city's zoning regulation.
Section 14A-55. License to be displayed.
All licenses issued under this article shall be posted conspicuously in the
place of business of the person to whom the license is issued.
Section 14A-56. Time limit for commencement of business in licensed
establishment; forfeiture for non-use.
(a) All holders of licenses hereunder must, within three (3) months after the
issuance of said .license, open for business the establishment referred to in
the license, unless said time limit is extended by the Mayor and Council.
Failure to open the licensed establishment as referred to above within the three-
month period shall serve as an automatic forfeiture and cancellation of the
unused license, and no refund of license fees shall be made to the license holder.
(b) Any holder of a license hereunder who shall begin the operation of the
business as authorized in the said license, but who shall for a period of three
(3) consecutive months thereafter cease to operate the business as authorized
in the said license, shall upon completion of the said three-month period
automatically forfeit his license, which license shall by virtue of said failure
to operate be cancelled without the necessity for any further action of the
Mayor and Council.
Section 14A-51. Renewal.
Any person subject to this article shall register with the office of the City
Clerk or his designate and shall apply for renewal of any existing license and
shall pay the annual license fee no later than January 31 of each calendar year
in which it does business.
Section 14A-58. Licenses constitute grant or privilege.
(a) All licenses hereunder shall be a mere grant or privilege to carry on such
business during the term of the license, subject to all the terms and conditions
imposed by this article and any other ordinance, resolution or law of the city,
county, state or United States relating to such business.
(b) All licenses hereunder shall have printed on the front these words: "This
license is a mere privilege subject to be revoked and annulled by the Mayor
and Council of Smyrna, Georgia, and is subject to any future ordinances eliminating
notice and hearing prior to revocation with or without cause."
Section 14A-59. Records to be kept; information to be shown; inspection
by police.
(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
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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 photograph of the seller; and the social security number of the
seller;
(4) An identification and description of the purchased goods, including
the serial numbers; model numbers; or other numbers; and any
identifying marks inscribed thereon;
(5) The signature of the seller.
(6) In the case of U. S. Currency the same may be identified by lot
description of denomination, amount, and face value.
The' permanent record book required herein shall be maintained for each puPchase
of'precious metals or goods made from precious metals for a period of four (4)
years. Entries shall appear in chronological order in ink. No blank lines may
be,left between 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 dealer shall be responsible for taking,
maintaining, and properly numbering a well -focused color photograph of each
person selling or depositing the items described in each such record entry.
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.
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Each dealer shall also keep and maintain an accurate, properly numbered record
of the disposition of each and every item entered in the above -described book,
and shall record the name and address of the person or business to whom the item
was transferred, and the date and time when it was done. The entries required
by this Section shall be made as soon after each transaction as possible, and
in no event more than one hour thereafter. All photographs required by this
Section shall be made with a self -developing film and camera. 11
Any person subject to this article, or any licensee or employee thereof, who,
shall fail or refuse to keep books as provided in this Section or shall make
false entries concerning the transactions named, or who shall fail or refuse
to permit an inspection or examination by any police officer of the books and
of the property sold to licensee shall be punished as provided for in Section
14A-67 hereof.
Section 14A-60. Daily report to police; fingerprints, etc., to be secured; Y
exception; offense, penalty.
(a) CONTENTS OF DAILY REPORT. Every licensee shall deliver a daily report,
in writing to the police department of Smyrna, Georgia, in such form as may
be prescribed by the Chief of Police for Smyrna, Georgia, or any designated
agent, of all property pledged to or bought by the licensee during the 24 hours
ending at 8:00 p.m. on the date of the report. Such report shall be typewritten.
In addition to any other information required by the Chief of Police, the report
shall show the name and address of the licensee, the time of the transaction,
the amount paid or advanced, a full description of the articles, including the
kind, style, material, color, design, kind and number of stones in jewelry, and
all identifying names, marks and numbers, and a description of the person selling,
including name, address, color, weight, and height. Insufficient reports shall
be rejected, and any licensee or employee thereof making the same shall be deemed
guilty of an offense punishable according to the provisions of Section 14A-67
herein. The daily report shall be in such form and shall contain such information
as may be required by the Chief of Police or by his designated agent, but shall
contain sufficient information to identify each of such articles.
(b) Each licensee shall require that any person selling an article or articles
shall display evidence of identification, such as a duly issued driver's license
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or other similar evidence, and the licensee shall record the driver's license
number or other number or feature of such evidence of identification.
(c) The failure of any licensee or employee thereof to comply with the provisions
of this section shall constitute an offense, punishable as provided in Section
14A-67 hereof.
Section 10-61. Regulation as to employees.
No person shall be employed by a precious metals dealer in any capacity until
such person has been fingerprinted by the identification bureau of the City of
Smyrna Police Department, and has been issued an annual person identification card
by the City of Smyrna Police Department, at a reasonable fee to be prescribed by
the Smyrna Police Department. It shall be the duty of the licensee to assure
that the provisions of this section are complied with.
Section 14A-62. Hours of operation.
The hours within which licensees may open their places of business shall be
from 7:00 a.m. to 8:00 p.m., except Sundays. The Police Department shall see
to it that the provisions of this section are enforced.
Section 14A-63. Articles not to be disposed of for thirty (30) days after
acquisition.
Any licensee who buys goods, taking full title thereto, the word "goods" being
here used in the broadest sense and including all kinds of the previously
described personal property, shall hold such goods so purchased for at least
thirty (30) days before disposing of same by sale, transfer, shipment or other-
wise. Failure to comply with this section shall constitute an offense, punishable
according to Section 14A-67 hereof.
Section 14A-64. Acquiring articleslwith serial number mutilated or altered.
It shall be unlawful and a violation of this ordinance for any dealer to purchase
or acquire in trade or otherwise any article commonly branded with a serial
number or other inscription of any type which has been mutilated or altered.
Any dealer receiving any such article shall immediately notify the Smyrna police.
Section 14A-65. Dealing with minors.
It shall be unlawful for any licensee, his agents or employees to receive, or
purchase goods of any character or description from a minor. For the purposes
of this article a minor is any individual seventeen (17) years of age or under.
Section 14A-66. Penalty for failure to obtain or properly transfer license.
If any person shall fail to apply for and obtain a license, as required here-
under, or shall fail to obtain permission for transfer of an existing license,
a separate penalty of ten (10) per cent of the required fee shall be imposed
for each period of thirty 30) days, or portion thereof, during which the person
remains in business without complying with the provisions of this article.
Section 14A-67. Violation of article provisions, misdemeanor; injunctive
remedy.
(a) Any person violating any of the provisions of this article shall be deemed
guilty of a misdemeanor, as defined by the laws of the State of Georgia and,
upon conviction thereof, shall be punished as provided for misdemeanors under
the laws of the State of Georgia.
(b) The violation of the provisions of this article by any person may be en-
joined by instituting appropriate proceedings for injunction in the courts of
competent jurisdiction of the State of Georgia. Such actions may be maintained
notwithstanding that other adequate remedies at law may exist. Such actions
may be instituted in the name of the governing authority of Smyrna, Georgia.
Section 14A-68. Collection of unpaid fees.
'If any person shall fail or neglect to pay any license fee as required by this
article, such fee is subject to collection in the manner as provided for the
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tj-•collection of taxes, regardless of the provisions herein for penalty.
Section 14A-69. Prior fees, etc., enforceable.
Any fee, penalty or execution imposed by any ordinance relating to business
licenses in effect up to the effective date of this article shall remain in•
full force and effect until such fee, penalty or execution shall have been
fully paid and satisfied.
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