IN GENERAL

Houston Code of Ordinances ch. 7, art. I

in effect

Houston Code of Ordinances § 7-1 Definitions.

Sec. 7-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Antique dealer means any person who engages in the business of buying, selling, trading, or otherwise dealing in used items which, because of age or design or quality or intrinsic beauty, or rarity or demand or otherwise have a value enhanced over the original value of the goods. Business means an activity carried on for profit, but shall not include occasional purchases or trades by a hobbyist. Chief of police means the Chief of Police for the City of Houston and persons he may designate to perform his duties under this article. Clear thumb print impression means an intentional digital recording of the friction ridge detail on the volar pads of the thumb. Director means the director of the department of administration and regulatory affairs or his designee. Minor means any person under 18 years of age. Real-time electronic web-based database means an electronic filing system in which data is organized by fields and records and that is capable of transmitting a file or responding to input immediately via the internet. Show means any display and offering of used items for sale or trade by more than one dealer at a single location. Used means any items, goods, products, wares, chattels, or articles of any sort, which have previously been owned by someone other than the manufacturer, or by a dealer whose business it is to sell such items, goods, products, wares, chattels, or articles when new to the customer. Web-based database means an electronic reporting system approved by the chief of police that is capable of transmitting information and responding to input on the internet. (Ord. No. 09-410, § 3, 5-13-09; Ord. No. 09-931, § 4, 10-7-09; Ord. No. 09-931, § 3, 10-7-09; Ord. No. 2013-111, §§ 2—4, 2-6-2013; Ord. No. 2016-964, § 2, 12-7-2016)

Houston Code of Ordinances § 7-2 Licensed pawnbrokers excluded.

Sec. 7-2. - Licensed pawnbrokers excluded. This chapter shall not apply to pawnbrokers licensed by the State of Texas. (Ord. No. 09-410, § 3, 5-13-09)

Houston Code of Ordinances § 7-3 Penalty for violation of any portion of this chapter.

Sec. 7-3. - Penalty for violation of any portion of this chapter. Any person who owns or operates any business governed by this chapter but does not have a valid license therefor or any person who shall violate any portion of this chapter shall be guilty of a misdemeanor and, upon conviction thereof shall be punished by a fine of not less than $100.00 nor more than $500.00. Each day the owner/operator/person permits the sale or purchase of any goods from the unlicensed business or violates any provision of this chapter shall constitute a separate offense. (Ord. No. 09-410, § 3, 5-13-09; Ord. No. 2013-111, § 5, 2-6-2013)

Houston Code of Ordinances § 7-4 State law/city retention periods.

Sec. 7-4. - State law/city retention periods. Any retention periods required by this chapter are not meant to replace any required retention periods provided by state law; in the event there is a conflict between retention periods provided for in this chapter and retention periods required by state law, the longer retention requirements shall apply. (Ord. No. 09-410, § 3, 5-13-09; Ord. No. 2013-111, § 5, 2-6-2013)

Houston Code of Ordinances § 7-5 Requirement for certificate of occupancy.

Sec. 7-5. - Requirement for certificate of occupancy. Any business covered by this chapter that operates out of facilities required by city ordinance to have a certificate of occupancy must obtain said certificate of occupancy prior to a license being issued under this chapter. (Ord. No. 09-931, § 5, 10-7-09)

Houston Code of Ordinances § 7-6 Reports of property suspected stolen; purchase of city property.

Sec. 7-6. - Reports of property suspected stolen; purchase of city property. (a) It shall be the duty of the licensee, his agents, or employees to immediately report to the police department any offer to sell to the licensee, his agents, or employees property which the licensee, his agents, or employees have actual knowledge is stolen or by reasonable diligence should know is stolen, together with the identity, when known, and description of the person or persons making such offer. The licensee, his agents, or employees shall also report any property acquired by the licensee which the licensee, his agents, or employees subsequently determine or reasonably suspect to be stolen property and shall furnish such other information as might be helpful to the police in investigating the matter. (b) It shall be unlawful for any licensee, his agents or employees to purchase an item of property on which are written or affixed the words "Property of the City of Houston" or other words demonstrating ownership by the city except in the following circumstances: (1) When the person offering the property for sale is an employee of the city who is authorized to make the sale by the director of the department of administration and regulatory affairs or the Director of Houston Public Works pursuant to chapter 2, article IV of this Code, and provides the licensee, his agents or employees with a written authorization for the sale of the property from his department's director or the director's designee; or (2) When the person offering the property for sale presents at the time of the offer a valid receipt from the department of administration and regulatory affairs or Houston Public Works, pursuant to chapter 2, Article IV of this Code, evidencing the purchase of the property. (Ord. No. 2013-111, § 6, 2-6-2013; Ord. No. 2018-11, §§ 49, 50, 1-10-2018)

Houston Code of Ordinances § 7-7 Process for revocation of license; appeal.

Sec 7-7. - Process for revocation of license; appeal. (a) A license issued pursuant to this chapter may be revoked without refund of any portion of the license application or renewal fee. (b) The director shall give written notice of revocation to the licensee by certified mail, return receipt requested, and by regular mail, setting forth the grounds for revocation and the opportunity to request a hearing regarding the revocation. A revocation hearing based upon the licensee's conviction of a criminal offense shall be conducted in accordance with section 1-9 of this Code and applicable state laws. (c) If the licensee wishes to request a hearing, the request must be made in writing and provided to the director within ten business days of the date of the director's notice of revocation. The hearing shall be conducted within 20 business days of the director's receipt of the request. If the licensee does not request a hearing within ten business days, the revocation is effective on the 11th business day after the date of the director's revocation notice." (d) The hearing shall be conducted by a hearing officer appointed by the director, who shall revoke the license if he determines by a preponderance of the evidence that grounds exist for revocation. At the hearing, the licensee may be represented by an attorney, present evidence, and cross-examine witnesses. (e) The hearing officer shall give written notice to the licensee of his findings as to whether or not the license should be revoked and the reasons therefor. The notice shall be by certified mail, return receipt requested, as soon after the conclusion of the hearing as practicable but in no event more than 30 days thereafter. The decision of the hearing officer shall be final. (Ord. No. 2013-111, § 6, 2-6-2013; Ord. No. 2016-964, § 3, 12-7-2016)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH7ANDECOMASCMEPRSEREREBU_ARTIINGEFetched: 10/26/2026