[Adopted 4-3-2012 by Ord. No. 05-2012]
The Common Council of the City of Burlington hereby finds that
there is a need to regulate and control the buying and selling of
gold, silver, precious or semiprecious materials in order to prevent
the easy disposal of items which have been unlawfully obtained as
a result of crime, while protecting and recognizing the legitimate
businesses which are engaged in the buying and selling of gold, silver,
precious and semiprecious materials.
As used in this article, the following terms shall have the
meanings indicated:
DEALER
Any person, partnership, corporation or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells secondhand gold, silver, precious or semiprecious
metals, gems, jewelry and includes everyone advertising the purchase
of sale or any of the aforementioned items. For purposes of this section
and article, the term "dealer" shall not include any entity dealing
in the retail sale of jewelry whose business consists of greater than
90% sales in jewelry or goods that are not secondhand in nature, nor
shall the term dealer include any entity whose business consists of
the sale of used antique merchandise purchased by the entity through
the wholesale antique/estate sales market, or whose business in the
antique market consist of greater than 90% in the sales of antiques
to the public. The determination as to whether any entity dealing
in the buying or selling of any gold, silver, precious or semiprecious
metals, gems or jewelry shall be made by the Chief of Police of the
City, or his or her designee. In the event that any applicant or entity
disagrees with the Chief's determination, that entity shall have
the right to a hearing before the Common Council for the City of Burlington.
ITINERANT BUSINESS
Any business conducted intermittently within the City or
at varying locations. No itinerant business may be conducted within
500 feet of a school or park. Minor shall mean any person under the
age of 18 years.
PERMANENT-BASED BUSINESS
Any business conducted on a year-round basis and housed in
a single structure, such as a store and residence. No permanent-based
business shall be located within 500 feet of a school or park unless
said business was in existence at the time of the adoption of this
article.
Each dealer shall maintain a complete record of each purchase
and sale, by computer database, including the date, amount paid, description
of item sufficient to clearly identify it, any identifying numbers,
and the name, residence address, age and photograph of the person(s)
from whom the items were purchased or received, and the name and residence
address of the person(s) to whom the items were sold, and requiring
such person(s) to sign a receipt for each item. These records shall
be subject to inspection by any authorized police officer of the City
of Burlington. The dealer shall maintain such records for at least
two years after each transaction and computer records must have a
secure backup system in the event of a computer failure.
No dealer shall sell, melt or change the form of or dispose
of any articles purchased or received for at least 10 business days
from the date of the purchase, and all such items shall be made available
for inspection by the Chief of Police or any police officer of the
City upon request, for at least 10 business days.
Each dealer must require two forms of identification of the person with whom it is transacting business, one of which should be a driver's license, if such individual has a driver's license or other valid photo identification, and no purchase may be made from any minor or with any individual who is in an intoxicated state and/or is under the influence of intoxicating liquor, narcotics, hallucinogenic or habit-producing drugs. Any minor wishing to make a transaction under this article must be accompanied by a parent or legal guardian who shall present the appropriate identification set forth in this section. In the event that the seller has no photo identification, the dealer must take a photo of the seller to be placed in the computer database required pursuant to §
275-5 herein.
This article shall not be applicable to any person, partnership,
corporation or entity which receives secondhand gold, silver, precious
metals, gems or jewelry as a gift.
Any provisions of the article in addition to the revocation of license pursuant to §
275-9 herein shall be subject upon conviction to a fine not exceeding $2,000, imprisonment not to exceed 90 days, or community service not to exceed 90 days or any combination thereof. Each date that a violation is deemed to occur shall be a separate offense.