An ordinance amending Sections 6.100.040 and 6.100.060 of the Metropolitan Code pertaining to Pawnbrokers, Secondhand Dealers and Junk Dealers located in the Urban Services District.

WHEREAS, Section 6.100.040 of Title 6 currently requires all pawnbrokers, secondhand dealers and junk dealers, located in the Urban Services District, to retain possession, at their place of business, of all goods purchased for fifteen days before a resale or exchange; and

WHEREAS, Title 6 of the Metropolitan Code of Laws currently includes a provision that pertains to secondhand bookstores; and

WHEREAS, Metropolitan Code Section 6.100.060 (b) currently requires secondhand bookstores to make daily reports to the chief of police, upon forms furnished by the police department, of all secondhand books of every kind and character purchased whatsoever, with the name of the book and the author thereof, and the name and address, age, sex, color and general description of the person from whom such purchase was made; and

WHEREAS, Metropolitan Code Section 6.100.060 (c) requires secondhand bookstores to mail their daily reports to the police by the close of business that day or to hand deliver the reports to the police by 2 p.m. the next day; and

WHEREAS, these requirements are overly burdensome and antiquated; and

WHEREAS, these requirements make it difficult for secondhand bookstores to prosper in Nashville.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 6.100 of the Metropolitan Code is hereby amended by deleting the provisions of Section 6.100.040 in their entirety and substituting in lieu thereof the following:

"Pawnbrokers, secondhand dealers and junk dealers shall retain possession at their place of business, of all goods, wares or merchandise purchased by them for a period of fifteen days before a resale or exchange thereof; provided, that a resale or exchange may be allowed to be made before the expiration of the fifteen-day period upon obtaining a written permit from the chief of police. This section shall not apply to secondhand bookstores."

Section 2. Section 6.100.060 of the Metropolitan Code is hereby amended as follows:

1. By deleting the provisions of subsection B. and substituting in lieu thereof the following:
"All dealers in secondhand books shall retain records of all secondhand books of every kind and character purchased whatsoever. These records shall include a general description of the book, and the name and address, age, sex, nationality and general description of the person from whom such purchase was made. These records shall be open to the police department to review at any time, and these records must be updated on a daily basis."

2. By deleting subsection C. in its entirety.

Section 3. That this Ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Billy Walls

Amendment No. 1
To
Ordinance No. BL2007-1388

Mr. President:

            I move to amend Ordinance No. BL2007-1388 by amending Section 1 by deleting the phrase “This section shall not apply to secondhand bookstores”, and substituting in lieu thereof the phrase “This section shall not apply to used books sold in secondhand bookstores”.

Sponsored by: Billy Walls

LEGISLATIVE HISTORY
Introduced:	March 20, 2007
Passed First Reading:	March 20, 2007
Referred to:	Public Safety Committee
Amended:	April 3, 2007
Passed Second Reading:	April 3, 2007
Passed Third Reading:	April 17, 2007
Approved:	April 26, 2007
By: