The following words and phrases, when used in this chapter,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
DEALER
An individual, partnership, association, corporation or business
entity, who or which purchases precious metals for resale or refining
or any individual who acts as agent for such individual, partnership,
association, corporation or business entity for such purchase or purchases.
Excluded from this definition are financial institutions licensed
under federal or state banking laws, the manufacturers of jewelry
or of other items composed, in whole or in part, of gold, silver or
platinum, the purchaser of precious metals for his, her or its own
use or ownership, and jewelers whose volume of purchases of precious
metals from individuals does not exceed 10% of their total volume
of purchases of precious metals.
GOLD
Any alloy of the element gold, 10 karat or of greater fineness.
A karat is 1/24 part by weight of the alloy of the metallic element
of gold.
PLATINUM
Any alloy of the element platinum, 751/1,000 or more parts
per thousand, by weight, of pure platinum.
PRECIOUS METALS
Items containing or being of gold, silver or platinum, including,
but not limited to, jewelry and silver services, but excluding coins,
ingots, bullion or photographic film or any article containing less
than 5% of gold, silver or platinum by weight.
SILVER
Any alloy of the element silver, 900/1,000 or more parts
per thousand, by weight, of pure silver.
No person shall carry on the business of dealer within the Borough
of Greenville without first obtaining a dealer's license from
the Chief of Police of the Borough of Greenville.
A dealer's license shall continue in force from the date
of issuance until December 31 of the year in which the license is
issued, unless sooner revoked for cause.
[Amended 8-8-2006 by Ord. No. 1455]
Each person applying for a dealer's license shall pay to
the Chief of Police a license fee as established from time to time
by resolution of Borough Council, for which the Chief of Police shall
give the applicant an official receipt and issue a license to carry
on the trade or business of a dealer within the Borough of Greenville.
No person licensed as a dealer in the Borough of Greenville
shall by virtue of one license keep more than one place of business
for receiving, taking or selling goods.
Any licensed dealer who violates any provision of this chapter or who retains an employee determined not of good character, in addition to the fine prescribed in §
378-15 herein, shall have his license revoked at the discretion of the Chief of Police of the Borough of Greenville.
No dealer shall at any time remove any goods purchased at the
licensed premises to any other place than the place for which his
license was granted.
Every person conducting a business of a dealer shall keep a
book in which shall be recorded at the time of purchase, an accurate
account and description of the goods, articles or things purchased,
the amount of money paid therefor, the time of purchasing the same,
together with the description of the person selling such goods, articles
or things, including color of complexion, color of eyes and hair,
stature and general appearance. Records herein described must be maintained
by said dealer for a period of at least one year.
The records required by §
378-9 shall be subject to inspection and approval of the police officers of the Borough of Greenville, during the business hours of each business day.
Every dealer shall return to the office of the Chief of Police every day before noon, a sheet, to be furnished by the Chief of Police, showing all business transacted on the previous day, and giving the information required by §
378-9.
Each item of precious metal purchased by a dealer shall be retained
in unaltered condition for seven full working days after report of
purchase has been filed with the Chief of Police of the Borough of
Greenville. Such item of precious metal shall be available for inspection
during the seven working days, by law enforcement officials of the
Borough of Greenville, or any other law enforcement agency. A search
warrant shall not be required unless the inspection is made during
hours other than those when the dealer is open for business.
No dealer or his clerk or employee shall purchase any article
from any person under 21 years of age, anyone intoxicated, any habitual
drunkard, or any person known to be a thief, an associate of thieves
or receiver of stolen property, or any person he has reason to suspect
be such, and must require that a valid identification be presented
to the dealer prior to the transaction of any business.
No person licensed as a dealer hereunder shall keep his office
or place of business open for the purpose of doing business as a dealer
on Monday, Tuesday, Wednesday, Thursday or Saturday before 7:30 a.m.
and after 6:00 p.m., nor on Friday before 7:30 a.m. and after 9:00
p.m.
[Amended 8-8-2006 by Ord. No. 1455]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.