[R.O. 2011 § 630.010; R.O. 2009
§ 117.01; CC 1981 § 16-241; Ord.
No. 81-21, 3-25-1981]
For the purpose of this Chapter,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
DEALER
Any person, firm, proprietorship, partnership, corporation
or other entity who shall engage at any location in the City in the
business of the purchase of precious metals and gems. As used herein,
"dealer" includes employers and principals on whose behalf the purchase
was made and all employees and agents who personally make such purchases.
DEALER, ESTABLISHED
Any dealer who has been continuous in conducting his/her
business at the same permanent business address for a period of not
less than sixty (60) calendar days and for not less than five (5)
days in any calendar week prior to applying for a license required
by this Chapter.
DEALER, ITINERANT
Any dealer who is not an established dealer. Any employee
or agent who conducts any activities regulated herein on behalf of
his/her employer or principal and any partner or principal of any
entity engaged in activities regulated herein shall also be considered
an itinerant dealer.
GEMS
Any item containing or having as part of its composition
any precious or semi-precious stones customarily used in jewelry or
ornamentation.
PRECIOUS METALS
Silver, gold or platinum, in either coin, bullion or other
form, and such other precious metals as the commissioner may specify
by rule or order.
PURCHASES
The obtaining by payment of money or its equivalent. It shall
not mean or include purchases made directly from manufacturers or
wholesalers of precious metals or gems.
[R.O. 2011 § 630.020; R.O. 2009
§ 117.02; CC 1981 § 16-242; Ord.
No. 81-21, 3-25-1981; Ord. No. 84-2, 1-18-1984; Ord. No. 10-108 § 1, 5-20-2010]
A. No dealer shall purchase precious metals
or gems without first making application for and obtaining a business
license. Possession of a permit/business license issued in another
locality shall not relieve a dealer of the obligation to obtain a
license from the City.
B. A business license shall be issued to any
established dealer as defined or to any person seeking to become an
established dealer:
2.
Furnishing a legible glossy photo
of the licensee.
3.
Posting the bond required in Section
630.100.
4.
Designation of the premises on which
the dealer shall conduct business.
5.
Specification of the date or dates
on which the business shall be conducted.
C. A license shall be issued to itinerant
dealers:
2.
Upon proof of good character.
3.
Designation of the premises on which
the dealer shall conduct business.
4.
Specification of the date or dates
on which the business shall be conducted.
5.
Furnishing a photograph of licensee.
D. Good character shall be considered proven,
if neither the dealer nor any of its principals, agents or employees
have been convicted of any crime involving moral turpitude within
the last ten (10) years if the crime was a felony and within the last
five (5) years if the crime was a misdemeanor. The burden shall be
upon the dealer to prove good character. An applicant shall submit
a Request for Record Check with the Missouri State Highway Patrol.
E. Licenses shall be issued to established dealers for a fee in the amount stated in Section
150.030 for the first year. Licenses issued to established dealers shall be valid for the year, nature of business and location designated in the application. Established dealers who change their address or the nature of their business shall apply for such license location change and pay a fee in the amount for an established dealer as stated in Section
150.030.
[Ord. No. 22-168, 12-20-2022]
F. Persons who are established dealers shall pay a fee in the amount stated in Section
150.030 per year for each year after the first year.
[Ord. No. 22-168, 12-20-2022]
G. Licenses shall be issued to itinerant dealers only for the period specified in the application. Such period is not to exceed sixty (60) days. Itinerant dealers must obtain a separate license for each period or operation and each location in the City. A fee in the amount stated in Section
150.030 shall be assessed per license. Each itinerant dealer must specify on the application the identity of all corporations, firms or businesses with which they are affiliated and their authorized agents.
[Ord. No. 22-168, 12-20-2022]
H. Any license issued hereunder shall at all
times be kept exposed by the licensee at his/her business premises
and shall, at all times, be readily visible and displayed in such
a manner as to be easily inspected by any person desiring to do so.
I. Licenses are not transferable or portable.
[R.O. 2011 § 630.030; R.O. 2009
§ 117.03; CC 1981 § 16-243; Ord.
No. 81-21, 3-25-1981]
Any false statement made on the business license application form, as required by Section
630.020, invalidates the license in total and shall be punished as a violation of Section
100.150.
[R.O. 2011 § 630.040; R.O. 2009
§ 117.04; CC 1981 § 16-244; Ord.
No. 81-21, 3-25-1981; Ord. No. 95-121, 5-4-1995]
Licensees shall record, on forms
provided by the Finance Director, the name, address, Social Security
number and date of birth of sellers by requiring an identifying credential
of the person selling or exchanging an article. If required by the
dealer, the seller shall produce proof of ownership of any article.
[R.O. 2011 § 630.050; R.O. 2009
§ 117.05; CC 1981 § 16-245; Ord.
No. 81-21, 3-25-1981; Ord. No. 84-2, 1-18-1984; Ord. No. 95-121, 5-4-1995]
A. All dealers purchasing precious metals
and gems shall keep daily records, on forms prescribed and furnished
by the Finance Director, of every article purchased. The records shall
contain a full description of such articles and shall show all distinguishing
marks, numbers, brands, letters or monograms of any kind on such articles.
B. The records described in this Section shall
be available for inspection at any reasonable time by the Chief of
Police or his/her designated agent.
[R.O. 2011 § 630.060; R.O. 2009
§ 117.06; CC 1981 § 16-246; Ord.
No. 81-21, 3-25-1981; Ord. No. 84-2, 1-18-1984; Ord. No. 95-121, 5-4-1995]
All itinerant dealers shall furnish daily to the Chief of Police, upon forms to be prescribed and furnished by the Finance Director, full and complete lists of all articles purchased by such itinerant dealers within the twenty-four-hour period following the time of transaction. Such lists shall contain all data required by Section
630.050.
[R.O. 2011 § 630.070; R.O. 2009
§ 117.07; CC 1981 § 16-247; Ord.
No. 81-21, 3-25-1981; Ord. No. 84-2, 1-18-1984]
Itinerant dealers shall retain all
precious metals or gems purchased for a minimum of ten (10) days from
the date of purchase. During the period of time, no change, modification
or disfigurement of any nature shall be made to any item containing
precious metals or gems, nor shall any such item be concealed, removed
from the corporate limits of the City or changed without the consent
of the Chief of Police or his/her designated agent.
[R.O. 2011 § 630.080; R.O. 2009
§ 117.08; CC 1981 § 16-248; Ord.
No. 81-21, 3-25-1981]
No purchases shall be made from anyone
under age eighteen (18). No dealer shall make a purchase from anyone
when doubt of ownership exists. If doubt of ownership exists, the
dealer shall have the responsibility to require proof of ownership.
[R.O. 2011 § 630.090; R.O. 2009
§ 117.09; CC 1981 § 16-249; Ord.
No. 81-21, 3-25-1981]
Every dealer shall admit to his/her place of business at any time the Chief of Police or his/her agent for the purpose of searching for and taking into possession any article known or believed to have been missing or stolen or for the purpose of inspection of those records required to be maintained under Section
630.050.
[R.O. 2011 § 630.100; R.O. 2009
§ 117.10; CC 1981 § 16-250; Ord.
No. 81-21, 3-25-1981]
In addition to all other requirements,
all itinerant dealers shall be required to post a cash bond or bond
with surety in a form acceptable to the City Attorney in the amount
of five thousand dollars ($5,000.00) before a permit is issued. In
lieu of a bond with surety, an irrevocable letter of credit in a form
acceptable to the City Attorney may be provided. The letter of credit
shall be from a bank authorized to do business in the City. The period
of the bond or letter of credit shall extend for a period of sixty
(60) days beyond the last day on which the dealer transacts any business
regulated by this Chapter. The bond or letter of credit shall indemnify
all persons who suffer any loss resulting from the failure of the
dealer to abide by the provisions of this Chapter.
[R.O. 2011 § 630.110; R.O. 2009
§ 117.99; CC 1981 § 16-251; Ord.
No. 81-21, 3-25-1981]
Any person violating the provisions of this Chapter shall, upon conviction, in addition to having his/her license revoked, be punished as provided in Section
100.150. Each separate transaction and/or item shall be considered as a separate offense.