[Adopted 3-15-2012 by L.L. No. 1-2012]
It is hereby declared and found that because of the increase of incidents of burglary, property theft, and theft of precious metal, the increase of the price of precious metals and gems, the ease with which some secondhand dealers buy and sell precious metals or gems without requiring identification or proof of ownership, these secondhand precious metal or gem dealers represent to persons involved in crime an opportunity to quickly dispose of stolen property. For business enterprises to be allowed to continue to operate without laws to control and regulate the purchase of such articles not only jeopardizes the property rights of many people but also extremely hampers law enforcement in its efforts to recover stolen property and identify suspects. If the law enforcement agencies are to efficiently and productively function in this area, a local law regulating secondhand precious metal or gem dealers is necessary. Thereby, the public health, morals and general welfare of the County of Sullivan will be protected and promoted and the best interest of the people would be served by the control and regulation of secondhand precious metal or gem dealers. It is the intention of the Legislature of Sullivan County that this chapter be established and shall constitute the complete law in relation to the control and regulation of secondhand precious metal or gem dealers for the County of Sullivan.
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
DEALER IN SECONDHAND PRECIOUS METALS OR GEMS A. Whenever used in this chapter, any person, corporation, partnership, association, joint-stock company, or other business entity, who, in any way or as a principal broker or agent:
(1) Deals in the purchase or sale of secondhand metals or gems as defined herein; or
(2) Accepts or receives secondhand precious metals or gems in exchange for credits on any other articles or merchandise; or
(3) Deals in the purchase of secondhand precious metals or gems for the purpose of melting or refining; or
(4) Engages in melting secondhand metal items for the purpose of selling; or
(5) Engages in resetting secondhand precious gems for the purpose of selling; or
(6) Deals in the purchase or sale of pawnbroker tickets or other evidence of pledged articles containing precious metals or gems; or
(7) Not being a pawnbroker, deals in the redemption of sale of pledged articles made from precious metals or gems.
B. This chapter shall not apply to the acceptance of merchandise which is not secondhand as a return, exchange, or for credit or refund if such merchandise was originally purchased as new merchandise from the person accepting or receiving same, nor to the resale of such merchandise.
C. The burden of proof that an article was originally purchased from the person accepting it or receiving it, that it was the first subsequent sale or exchange thereof to a person other than an ultimate consumer or that it was a first sale at retail of such factory rebuilt merchandise shall be upon the person asserting the same.
GEMS or PRECIOUS STONES As referred to herein, shall include but is not limited to mean diamonds, alexandrite, cymophane, ruby, sapphire, opal, amethyst, smoky quartz, citrine, rose quartz, spinel, malachite, turquoise, emerald, aquamarine, morganite, garnet, lapis lazuli, jadeite, kunzite, topaz, tourmaline, zircon, amber, jet, pearl, coral, tanzanite.
PRECIOUS METALS As referred to herein, gold, silver, platinum, iridium, ruthenium, osmium or any alloys of any one or more of said metals.
Every license shall expire one year after its issuance. Every license may be renewed upon payment of the required renewal fee in the amount of $100 and filing a renewal application with the County Clerk no earlier than 30 days and no later than 15 days before the license is due to expire, certifying that no changes have occurred with respect to any of the facts or information required or supplied on the original application, or if there have been any changes, the applicant shall furnish the facts and information relating to such changes and shall comply with the requirements of this chapter.
No license under the provisions of this chapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued, his agents, employees or duly authorized representatives, said agents, employees or duly authorized representatives having been approved by the County Clerk.
The price upon which the dealer bases his quotation for gold and silver shall be clearly and conspicuously displayed in Arabic numbers in such a manner that the public will be informed.
If any articles composed wholly or in part of precious metals or gems shall be advertised in any newspaper printed in the County of Sullivan or reported by any law enforcement agency as having been lost or stolen, and if any articles answering such description or any part thereof shall be or come into the possession of any licensed dealer, such dealer, upon receiving actual written or oral notice of the similarity of description of such articles, shall immediately give information relating thereto to the appropriate law enforcement agency. No disposition of such articles shall be effected until authorization to do so shall be given to such dealer by said law enforcement agency. The failure of the law enforcement agency within 30 days to give the dealer further written notice that the articles are actually lost or are believed to be stolen and are needed in connection with a pending investigation or prosecution shall constitute authorization to dispose of said articles.
Every secondhand precious metal or gem dealer shall furnish to the County Clerk or his agent or the appropriate law enforcement agency all information requested relative to all records required to be kept under this chapter.
It shall be the duty of the Sullivan County District Attorney or any police officer having jurisdiction at the site where a person is seen dealing in secondhand precious metals or gems to require such person seen so dealing and who is not known to the Sullivan County District Attorney or such police officer to be duly licensed to produce or display his secondhand precious metal dealer's license and to enforce the provisions of this chapter against any person found to be in violation of the same. It shall be the duty of the Sullivan County District Attorney or any police officer as described herein to require the immediate closure of any business dealing in the purchase of secondhand metals or gems as defined herein who is operating said business without a license as required by this chapter.
This chapter shall not create any liability on the part of the County of Sullivan, its officers, agents or employees or any police officer for any act or damage caused as a result of reliance on this chapter or any administrative decision lawfully made thereunder.