[HISTORY: Adopted by the Board of Supervisors of the Township
of Limerick 8-6-2013 by Ord. No. 342. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Limerick
Township Precious Metal Dealers Ordinance."
It is the specific intent of this chapter to promote the safety,
morals and general welfare of the inhabitants of Limerick Township
in their person and property by holding precious metal dealers accountable
for the proper reporting procedures deemed necessary by the Police
Department to assist in recovering the stolen property of its inhabitants.
In interpreting and applying the provisions of this chapter,
minimum requirements for the promotion of the public safety, comfort,
convenience and general welfare shall be followed. Where the provisions
of this chapter impose greater restrictions than those of any statute,
other ordinance or regulation, the provisions of this chapter shall
be controlling. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this chapter, the provisions
of such statute, other ordinance or regulation shall be controlling.
The following words and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
An individual, partnership, association, corporation or business
entity applying for a license to act as a precious metals dealer under
this chapter and/or any person appearing as owner, partner, officer,
director, trustee or other official of a partnership, association,
corporation or business entity on such application for license under
this chapter.
A precious metal dealer, as defined in this chapter.
A valid identification document issued by a state or federal
government, bearing a photograph and containing identifying data such
as name, date of birth, gender, physical description, and current
address of the person bearing the card, and, if available, at least
one other corroborating means of identification; otherwise, identification
sufficient to reliably establish the person's true identity.
An individual, partnership, association, corporation or business
entity.
Items containing or bearing 10 karat gold or greater fineness,
silver and/or platinum, including but not limited to jewelry and silver
services.
An individual, partnership, association, corporation or business
entity, including an itinerant and/or transient merchant, doing business
in Limerick Township that purchases or makes appraisals of precious
metals and their alloys from the general public for refining or resale
to refiners, brokers or the public. The term includes any individual
who acts as an agent for such individual, partnership, association,
corporation or business entity. The term does not include financial
institutions licensed under federal or state banking laws, the purchaser
of precious metals who purchases from a seller seeking a trade-in
or allowance, the manufacturers of jewelry or of other items composed,
in whole or in part, of gold, silver or platinum, and the purchaser
of precious metals for his own use or ownership and not for resale
or refining.
A person who obtains payment from a dealer in return for
the sale of any precious metal, as defined in this chapter.
A purchase or appraisal of precious metals by a dealer, as
defined by this chapter.
Weekdays Monday through Friday, but not including national
holidays.
A.
License. No person shall act as a precious metal dealer in Limerick
Township unless licensed by the Township to engage in such business.
No license shall be issued to the applicant by the Township unless
the applicant has been licensed first by the County of Montgomery,
as mandated by the Precious Metals Act, 73 P.S. § 1931 et
seq., as amended.
B.
License certificate. No person shall be licensed to act as a precious
metal dealer in Limerick Township unless he/she has obtained a license
certificate from the Township for each location from which he/she
seeks to engage in business as precious metal dealer. The license
certificate shall be posted in a conspicuous place in the dealer's
place of business so that it is easily visible to members of the public.
C.
Renewal. A person seeking to obtain a license certificate shall pay
an annual license certificate fee for each location from which he/she
seeks to engage in business as a precious metal dealer.
(1)
The license year begins January 1. All licenses expire January 1
next following the date of issuance, regardless of the date of issuance,
and must be renewed by the applicant on or before the date of expiration
with the Township, for a fee.
(2)
The license certificate fee is as set from time to time by resolution
of the Board of Supervisors.
A.
Precious metal dealers shall create and maintain digital records
of all business transactions upon a form approved by the Attorney
General. These records are to be kept in the English language.
B.
Identification of seller. All records shall contain an accurate description
of the seller, including:
(1)
The name, age and address of the seller, which the dealer shall verify
by requiring proper identification to ensure the accuracy of the represented
information;
(2)
A scan or digital photocopy of the identification furnished by the
seller to verify the his/her identity;
(3)
An accurate physical description of the seller, including race, gender,
eye and hair color and identifying marks;
(4)
A digital photograph of the seller. The photograph shall be in color
and shall be of the front of the seller's face, not his/her profile.
When possible, the person's torso should also be visible in the
photograph; and
(5)
A clearly visible thumbprint of the seller on a form approved by
the Limerick Township Police Department.
C.
Record of transaction. All records shall contain an accurate description
of the property purchased and the transaction, including:
(1)
Any serial number or other identifying marks or symbols, such as
engravings, types of gemstones and style of the property, along with
the date, time and location of the transaction; and
(2)
A digital photograph of the property purchased, which shall be in
color and of sufficient clarity to enable identification of the property.
D.
Remittance. A copy of all records required by this chapter shall
be forwarded to the Limerick Township Police Department within five
working days of the transaction.
E.
Retention. All records required by this chapter shall be retained
for a period of one year after the date of the transaction. These
records shall be available for inspection by any law enforcement officer
during this period.
A dealer may seize any precious metal offered in a sale which
he/she has reason to believe is stolen property. The dealer shall
issue a seizure receipt to the person presenting such property for
sale and shall immediately deliver the seized property, together with
a copy of the seizure receipt, to the Limerick Township Police Department.
If property is identified as stolen by the Police Department, such
property shall be held until there is a final resolution as to the
ownership of the property; or in the case of an individual claiming
ownership, the dealer shall immediately notify the Police Department,
and such property shall be held until there is a final resolution
as to the ownership of the property. A property receipt for the pledge
seized and held as such shall be issued to the dealer by the Police
Department.
A.
Holding period. Each item of precious metal purchased by a dealer
in the course of his/her business shall be kept in unaltered condition
and available for inspection by law enforcement officials in the course
of their law enforcement duties for 10 working days after the report
of its purchase has been filed with the Police Department. During
the holding period, any item subject to the holding period shall be
segregated from other inventory to ensure that it is not placed in
an area or section where precious metals are offered for sale. Where
any item is held off the premises, the dealer shall make the item
available for inspection within 24 hours after receiving a request
for inspection by law enforcement officials.
B.
Inspection. A search warrant shall not be required unless the inspection
is made during hours other than those when the dealer is open for
business. Any law enforcement official who has reason to believe any
item was not sold or exchanged by the lawful owner may direct the
dealer to hold the item for a reasonable length of time that the law
enforcement official considers necessary to identify it.
A dealer shall not conduct a transaction for precious metals
with any person under the age of 18 without the written authority
of the parent, guardian or person in loco parentis of the underage
person authorizing the sale. Such written authority shall be attached
to and maintained with the record of transaction required by this
chapter and as required by Section 1935 of the Precious Metals Act,
73 P.S. § 1935.
A.
All scales or other devices used by dealers to weigh precious metals
must be of a type approved for commercial use in the Commonwealth
of Pennsylvania and must be inspected and sealed by the Pennsylvania
Bureau of Ride and Measurement Standards' Weights and Measures
Division.
A.
Fines. Any person, firm or corporation who violates or fails, neglects
or refuses to comply with any provision of this chapter shall pay
a fine not exceeding $1,000 plus costs and, in the event of default
on payment thereof, to a term of imprisonment not to exceed 90 days.
Each day that a violation of this chapter continues or, in the case
of multiple violations of this chapter, each day that a violation
of each section of this chapter continues shall constitute a separate
offense.
B.
Suspension of license. In addition to the fines specified in Subsection A above, a dealer who violates this chapter or any section thereof shall have his/her license suspended for 90 days for the first offense and a period of one year upon each succeeding offense.
C.
Cease operations. During any period of license suspension, the dealer
shall cease operation at each and every location of the dealer's
business.
(1)
Cease operations order. The Code Enforcement Officer or his designee
shall issue a cease operations order for each business location operated
by the dealer whose license(s) has/have been suspended in accordance
with the Limerick Township Code.
(a)
The cease operations order shall identify the prohibited operations
and shall state that the applicable license has been suspended for
violation(s) of the Code.
(b)
The cease operations order shall be in force for the full period
of any license suspension and shall set forth this period in the order.
(c)
The Code Enforcement Officer or his designee shall not remove
any posted cease operations order until he/she is satisfied that all
suspended licenses have been restored, or the property interests in
the location have changed so that neither the person under license
suspension nor any member of that person's immediate family,
or in the case of a corporation, the corporation or any affiliated
business entities, retain a pecuniary interest therein.
(2)
License at cease operations location. No person shall be issued a
license for a business location that has been posted with a cease
operations order, as long as any person under a license suspension
or revocation, or any member of that person's immediate family,
or in the case of a corporation, the corporation or any affiliated
business interests, retain a pecuniary interest in the property at
that location.
