[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.