City of Troy, MO
Lincoln County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

Section 607.005 Title.

[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
This Chapter shall be known and may be referred to as the Regulation of Precious Metals, Jewelry, Gems and Coins Chapter of the City of Troy, Missouri.

Section 607.010 Purpose.

[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
The purpose of this Chapter is to regulate and control the sale or exchange of precious metals, jewelry, gems and coins within the City of Troy, Missouri. The provisions herein are designed to provide protection to the citizens of Troy, Missouri through the recording of the sale or exchange of any precious metals, jewelry, gems and coins, retaining of purchases made by businesses within the City of Troy, Missouri for a certain time period and the allowance of law enforcement to inspect the business records for stolen personal property.

Section 607.015 General Provisions To Apply.

[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
The provisions of Title VI, Business and Occupation, Chapter 605 of the City of Troy, Missouri ordinances shall apply to this Chapter, and any license issued hereunder, specifically including, but not limited to, the provisions which address the issuance, suspension, revocation, denial or renewal of licenses, and penalty fees. However, the specific provisions of this Chapter shall control and take precedence over any provision of Title VI, Chapter 605 to the contrary. Any provision of this Chapter which addresses the same topic as Title VI, Chapter 605, but which is not in conflict with the provisions of Title VI, Chapter 605 shall be read in conjunction with and as an alternative to the provisions of Title VI, Chapter 605.

Section 607.020 Definitions.

[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
For the purposes of this Chapter, all words shall have their common meaning and the following terms have the additional definition as follows:
BUSINESS
Includes any person, either as a principal or agent, corporation, partnership, or company purchasing precious metals, jewelry, gems and coins from any individual, either as principal or agent, corporation, partnership or company in the City of Troy, Missouri for the purpose of reselling, trading, melting down, or in any way disposing of, altering or destroying any precious metals, jewelry, gems and coins, regardless of whether the business operates from a structure, vehicle, animal, open space or on foot.
EXCHANGE OR TRADE
Does not mean the exchanging or trading of precious metals, jewelry, gems and coins for other precious metals, jewelry, gems and coins or for the refund of a purchase price between the business and a person where:
1. 
The person was the original purchaser of the precious metals, jewelry, gems and coins from the business;
2. 
The person has the original receipt of the purchase; and
3. 
The business verifies that the person seeking to exchange or trade the precious metals, jewelry, gems and coins is the owner of the items to be exchanged or traded.
PRECIOUS METALS
Includes the common dictionary definition and the following metals: gold, silver, platinum, and palladium.

Section 607.025 License Required.

[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
No business shall purchase precious metals, jewelry, gems and coins without first making application for and obtaining a business license from the City of Troy, Missouri compliant with Chapter 605 and this Chapter. A business or person must pay the license fee fixed in this Chapter and obtain the license as required and prescribed by this Chapter, subject to the regulations hereinafter provided and the regulations of Title VI.

Section 607.030 Separate License Required For Each Location.

[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
A separate business license shall be required for each location where a business will operate in the City of Troy, Missouri.

Section 607.035 Business License Fee, Issuance After Fee Is Paid and Business License Expiration.

[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
Each business shall apply for a business license on the form as provided in Section 605.040 of the ordinances of the City of Troy, Missouri. On the application, the business shall state the specific purpose of the business of which the license is applied for. The City of Troy, Missouri shall charge and each business shall pay an annual license fee of fifteen dollars ($15.00). Each license issued shall be issued to extend to and terminate on the last day of June next following the effective beginning date of the license, provided that if the license is issued for a period beginning on or after the first (1st) day of January and ending the last day of June, one-half (½) of the annual fee shall be paid, except as otherwise provided by this Chapter or Chapter 605.

Section 607.040 Regulations For Businesses Operating As A Business in Precious Metals, Jewelry, Gems and Coins.

[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
A. 
Any operation of a business in precious metals, jewelry, gems and coins shall comply with the following provisions:
1. 
Information from seller. A business shall, from each individual person with which the business buys, exchanges or trades for precious metals, jewelry, gems and coins, record, in writing, the following information:
a. 
The name of the individual seller or trader;
b. 
The address of the individual seller or trader;
c. 
The Social Security number or driver's license number with State of issuance of the individual seller or trader;
d. 
The date of birth of each seller or trader;
e. 
The relationship of ownership between the individual seller, exchanger and/or trader with the precious metal, jewelry, gems or coins to be acquired by the business.
f. 
If the information requested in Section 607.040(1)(a — f) are available and are fully listed by photocopying the individual's driver's license, passport or other State or Federally issued identification, the business may make a photocopy in lieu of taking down the information separately.
2. 
Responsibility of business. It shall be the responsibility of the business to record the information set forth in Section 607.040(1). The business shall verify the information by requiring an identifying credential of the person who is selling, exchanging or trading such precious metal, jewelry, gems or coins.
3. 
Records to be kept by business. Any business which purchases, exchanges or trades precious metals, jewelry, gems or coins shall keep a daily record of every precious metal, jewelry, gems or coins purchased, exchanged or traded and the individual with whom the business purchased, exchanged or traded the item with. The business shall record the following information for each precious metal, jewelry, gems and/or coins purchased, exchanged or traded:
a. 
A full description of the item purchased, exchanged or traded, inclusive of the placement of all distinguishing marks, numbers, brands, letters or monograms; and
b. 
The information in Section 607.040(1) about the individual selling, exchanging or trading the item.
c. 
A photograph of the item purchased may be substituted for the description as required in Section 607.040(3)(a).
4. 
Records to be available for inspection. The records described in Chapter 607 shall be available for inspection at any reasonable time by the Chief of Police for the City of Troy, Missouri or his or her designated agent. Upon a request for inspection, the record shall be provided. These records shall be retained by the business for one (1) year and shall be available for inspection as provided in this Section.
5. 
Lists of purchases to be furnished to a database. All businesses operating under this Chapter shall comply with the following requirements:
a. 
The business must provide all reportable data required by Section 607.040(1 — 4) to appropriate users of the date through the Internet to www.leadsonline.com an online investigation database (hereinafter "the database");
b. 
The business shall transmit all reportable data for each business day to the database within two (2) days after the end of each business day, inclusive of weekends; and
c. 
The business shall make available for on-site inspection to any appropriate law enforcement official, upon request, paper copies of such report and any pawn, purchase, exchange or trade documents.
6. 
Business to retain items for certain time period. All businesses shall retain any and all precious metal, jewelry, gem or coins purchased, exchanged or traded for a minimum of five (5) business days from the date of purchase, weekend days shall not be included. During this time period, there shall be no change, modification, melting or disfigurement of any kind or nature to the item containing the precious metal, jewelry, gem or coin. During this time period, no such item shall be concealed, removed from the corporate limits of the City of Troy, Missouri, changed, modified, disfigured, melted or destroyed without the consent of the Chief of Police of the City of Troy, Missouri or his or her designated agent in writing. The five (5) business day period may be shortened upon receipt of written permission from the Chief of Police for the City of Troy or his duly authorized agent.
7. 
Prohibition of purchase, exchange or trade from minors and of items with doubt of ownership. No business shall purchase, exchange or trade any precious metal, jewelry, gem or coin from any individual under the age of eighteen (18) years of age. No business shall make a purchase, exchange or trade when business has a reasonable doubt as to the ownership of the precious metal, jewelry, gem or coin. If doubt of ownership exists, the business shall have the responsibility to require proof of ownership which is satisfactory to the business and such proof shall be recorded in writing and available for inspection as provided in Section 607.040(4).
8. 
Bond requirement. In addition to all other requirements, a business operating under this Chapter shall be required to provide the City with a bond in the amount of two thousand five hundred dollars ($2,500.00) for the business' faithful compliance with the terms of this Chapter. The period of the bond shall extend for a period of ninety (90) days beyond the last day on which the license expires. This bond shall guarantee that the business shall comply with all provisions of this Article.

Section 607.045 Revocation of License.

[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
A license provided to a business under this Chapter may be revoked pursuant to Title VI, Chapter 605. A license provided to a business under this Chapter may be revoked for failure to comply with any provision of this Chapter, pursuant to Title VI, Chapter 605.

Section 607.050 Violation of Chapter 607.

[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
Any business or person violating any provision of this Chapter shall be subject to a fine not exceeding five hundred dollars ($500.00) for each day said person is in violation. Each day a business or person violates this provision is a new violation subject to the fine as provided herein.