[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.
[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.
[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.
[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:
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.
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:
The person was the original purchaser of the precious metals,
jewelry, gems and coins from the business;
The person has the original receipt of the purchase; and
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.
Includes the common dictionary definition and the following
metals: gold, silver, platinum, and palladium.
[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.
[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.
[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.
[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.
[Ord. No. 1166 §1, 9-11-2012; Ord. No. 1168 §1, 10-15-2012]
[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.
