ANTIQUE, RESALE MEDIA AND CLOTHING DEALERS

Houston Code of Ordinances ch. 7, art. II

in effect

Houston Code of Ordinances § 7-16 Definitions.

Sec. 7-16. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Licensee means any person licensed as a secondhand reseller pursuant to article III of this chapter, or as an antique dealer or resale media and clothing dealer pursuant to this article. Resale media and clothing dealer means any dealer who deals exclusively in: (1) Used books, magazines and other printed documents; (2) Used phonographic records, magnetic audio tapes, audio discs or other recordings of sound which do not include recordings of visual images; and/or (3) Used items of clothing, except those made in whole or in part from fur, but not in any other items, goods, products, wares, clothes or articles which are subject to regulation under this article. (Code 1968, § 6½-1; Ord. No. 76-146, § 1(1), 2-3-76; Ord. No. 09-410, § 4, 5-13-09; Ord. No. 09-931, § 4, 10-7-09; Ord. No. 2013-111, § 8, 2-6-2013)

Houston Code of Ordinances § 7-17 License required; display.

Sec. 7-17. - License required; display. No person shall operate as an antique dealer or resale media and clothing dealer, own any such business, or engage in the business of buying, trading, or otherwise receiving used books, magazines and other printed documents, or used items of clothing (except those made from fur), unless he is licensed pursuant to this article, is licensed as a secondhand reseller pursuant to article III of this chapter, is licensed as a pawnbroker pursuant to state law or is acting in the employment of one licensed under one of the above-listed laws. A separate license shall be required for each permanent location of any such business. A license issued under this subsection shall be marked to indicate that the business is authorized to deal only in the items listed in this subsection (or as a secondhand reseller pursuant to article III of this chapter) and shall be posted in a conspicuous place upon the licensed premises. (Code 1968, § 6½-2; Ord. No. 76-146, § 1(2), 2-3-76; Ord. No. 09-410, § 4, 5-13-09; Ord. No. 09-931, § 4, 10-7-09; Ord. No. 2013-111, § 8, 2-6-2013)

Houston Code of Ordinances § 7-18 Application for and issuance or refusal of license.

Sec. 7-18. - Application for and issuance or refusal of license. (a) Any person desiring a license required by this article shall make application therefore in writing to the director on an application form provided for that purpose. On the application, the applicant shall provide the following information: (1) The full name of the applicant, the street address where the business is to be located, and the residence address of each owner, manager and operator of the business; (2) The application form shall be accompanied by an affidavit, sworn to by the applicant, that neither he nor any business partner, nor, in the case of a corporation, any corporate officer, has had a license revoked under this chapter or any preceding city ordinance governing the business described herein; (3) Whether any owner or operator is an individual, partnership, corporation, or other legal entity; provided, however, that the type of business organization shall include only those organizations recognized by the Texas Business Organizations Code ("BOC"), and if the organization is a foreign entity required to register under Chapter 9 of the BOC, full and complete copies of such organization's current registration; (4) If any owner or operator is a corporation, all officers of the corporation; and if there are fewer than five shareholders, the names of all shareholders; (5) If any owner or operator is a partnership, the type of partnership and names and addresses of all general partners; (6) If any owner or operator is an unincorporated association, the names and addresses of all officers of such association; (7) The location where the business will be conducted, along with a copy of the certificate of occupancy for the location; and (8) The time period or periods during which the business will be conducted. (b) Upon receipt of the application, the director shall investigate the items sworn to by the affidavit. If neither the applicant, his business partners, nor any corporate officers have had a license revoked as described above, the director shall issue a license to the applicant upon payment of the license fee. (c) If the director rejects the application, he shall give written notice by personal delivery or certified mail, return receipt requested to the applicant at the address stated in the application. The written notice shall specifically set forth the reasons for the rejection. (Code 1968, § 6½-3; Ord. No. 76-146, § 1(3), 2-3-76; Ord. No. 08-52, § 21, 1-16-08, eff. 1-26-08; Ord. No. 09-410, § 4, 5-13-09; Ord. No. 09-931, § 6, 10-7-09; Ord. No. 2013-111, §§ 10—12, 2-6-2013)

Houston Code of Ordinances § 7-19 License fees.

Sec. 7-19. - License fees. (a) The annual fee for a license issued pursuant to this article for a dealer with a permanent place of business within the city is stated for this provision in the city fee schedule. The license shall be valid for one year from the date of issuance. Each licensee with a permanent business location in the city may use the license for that business when attending shows at other locations in the city. (b) Any dealer described herein who desires to sell or purchase items at shows in the city, but who does not maintain a permanent place of business in the city, must apply for and secure a license for each location. The daily license fee for each show is stated for this provision in the city fee schedule. (Code 1968, § 6½-4; Ord. No. 76-146, § 1(4), 2-3-76; Ord. No. 09-410, § 4, 5-13-09; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2013-111, § 13, 2-6-2013)

Houston Code of Ordinances § 7-20 Records required to be kept.

Sec. 7-20. - Records required to be kept. (a) Every person engaged in the business of buying, trading or otherwise receiving antique items shall keep at his place of business a record book, in a form approved by the chief of police, in which he shall enter daily a full description of all personal property purchased or otherwise received at his licensed place of business. The description shall include the date and hour of receipt, the name and address of the person or place of business from which the item was received, and the driver's license or Texas personal identification certificate number of the person selling or otherwise giving the items. All entries in the record book shall be made legibly. (b) In addition to the requirements set out in subsection (a) hereof, the property shall be fully described including, where customary in the business, the size, weight, material, length, number of items, capacity, and any other designations or descriptions customarily employed in the sale and purchase of the items. (c) The licensee, his agents or employees shall provide a receipt to the seller or transferor of the property. Each receipt shall be consecutively numbered and shall be dated on the actual date of the transaction and shall list the items sold or otherwise transferred. An accurate copy or record of receipts obtained shall be retained for a period of not less than two years, and shall be available for inspection upon request during business hours by any peace officer or authorized inspector of the department of administration and regulatory affairs. (d) Every person engaged in the business of buying, trading or otherwise receiving antique items shall, upon request, submit and exhibit the various business records which are required to be maintained for inspection or copying to any peace officer or authorized inspector of the authorized inspector of the department of administration and regulatory affairs. Failure to maintain or to so permit the examination or copying of the records when required shall be a misdemeanor. (Code 1968, § 6½-5; Ord. No. 76-146, § 1(5), 2-3-76; Ord. No. 08-52, § 22, 1-16-08, eff. 1-26-08; Ord. No. 09-410, § 4, 5-13-09; Ord. No. 2013-111, § 14, 2-6-2013)

Houston Code of Ordinances § 7-21 Stock to be open for examination.

Sec. 7-21. - Stock to be open for examination. The stock or inventory of any dealer that is openly displayed and available to the public shall at any time during ordinary business hours be accessible for examination by any peace officer or authorized inspector of the department of administration and regulatory affairs. Failure to permit an examination when requested shall be a misdemeanor. (Code 1968, § 6½-6; Ord. No. 76-146, § 1(6), 2-3-76; Ord. No. 08-52, § 23, 1-16-08, eff. 1-26-08; Ord. No. 09-410, § 4, 5-13-09)

Houston Code of Ordinances § 7-22 Articles to be retained.

Sec. 7-22. - Articles to be retained. No antique dealer or resale media and clothing dealer shall sell, dismantle, deface or in any manner alter or dispose of any item purchased or otherwise received by him at his licensed place of business for 72 hours after receipt. During the 72-hour period, all items of property shall be stored or displayed at the dealer's business location, in the exact form received, and in a manner so as to be identifiable from the description entered in the record book. The property shall not be kept so as to prevent or impede its examination hereunder. (Code 1968, § 6½-7; Ord. No. 76-146, § 1(7), 2-3-76; Ord. No. 09-410, § 4, 5-13-09; Ord. No. 2013-111, § 15, 2-6-2013)

Houston Code of Ordinances § 7-23 Purchasing or receiving goods of minors.

Sec. 7-23. - Purchasing or receiving goods of minors. No antique dealer shall purchase or otherwise receive in the course of his business, any item, ownership of which is claimed by any minor, or which may be in the possession of or under control of a minor, unless the minor's parent or guardian shall state in writing that the transaction is taking place with the parent's or guardian's full knowledge and consent. It shall be the duty of the antique dealer to preserve and keep on file, and available for inspection, the written statements of consent. (Code 1968, § 6½-8; Ord. No. 76-146, § 1(8), 2-3-76; Ord. No. 09-410, § 4, 5-13-09; Ord. No. 2013-111, § 15, 2-6-2013)

Houston Code of Ordinances § 7-24 Change in business address.

Sec. 7-24. - Change in business address. Should any person licensed under this article move his permanent place of business from the place designated in the license to a new address, he shall immediately give written notice to the director and have the change noted on his license. The fee stated for this provision in the city fee schedule, payable to the director, is hereby levied for the change. (Code 1968, § 6½-10; Ord. No. 76-146, § 1(10), 2-3-76; Ord. No. 08-52, § 24, 1-16-08, eff. 1-26-08; Ord. No. 09-410, § 4, 5-13-09; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2013-111, § 15, 2-6-2013)

Houston Code of Ordinances § 7-25 Revocation of license.

Sec. 7-25. - Revocation of license. A license may be revoked in the manner provided in section 7-7 of this Code if: (1) Any information supplied in the permit application was materially false or incorrect; (2) The license was issued as a result of error; or (3) The licensee has violated the provisions of this chapter or any state or federal statute involving the criminal offense of theft, or Texas Penal Code section 37.09 or 37.10. (Code 1968, § 6½-11; Ord. No. 76-146, § 1(11), 2-3-76; Ord. No. 08-52, § 25, 1-16-08, eff. 1-26-08; Ord. No. 09-410, § 4, 5-13-09; Ord. No. 09-425, § 3, 5-13-09; Ord. No. 2013-111, § 15, 2-6-2013)

Houston Code of Ordinances § 7-26 Inapplicability of certain chapter provisions.

Sec. 7-26. - Inapplicability of certain chapter provisions. Notwithstanding any other provision of this article that might be construed to the contrary, the provisions of section 7-23 of this Code shall not be applicable to the sale, receipt, transfer or holding of (1) Used books, magazines and other printed documents; (2) Used phonographic records, magnetic audio tapes, audio discs or other recordings of sound which do not include recordings of visual images; and/or (3) Used items of clothing, except those made in whole or in part from fur. (Ord. No. 09-410, § 4, 5-13-09; Ord. No. 2013-111, § 17, 2-6-2013)

Houston Code of Ordinances § 7-27 Reserved.

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_ARTIIANREMECLDEFetched: 10/26/2026