[Code 1991, § 13-111]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any piece of gold, silver, or other metal fashioned into
a prescribed shape, weight and degree of fineness, stamped by authority
of a government with certain marks and devices, and having a certain
fixed value as money.
Any person engaged in the business of purchasing secondhand
precious metals or gems; removing in any manner precious metals or
gems from manufactured articles not then owned by such person; or
buying, acquiring, or selling precious metals or gems removed from
such manufactured articles. The term "dealer" includes all employers
and principals on whose behalf a purchase is made and any employee
or agent who makes any such purchase for or on behalf of his employer
or principal. The definition of the term "dealer" shall not include
persons engaged in the following:
Purchases of precious metals or gems directly from other dealers,
manufacturers, or wholesalers for retail or wholesale inventories,
provided the selling dealer has complied with the provisions of this
article.
Purchases of precious metals or gems from a qualified fiduciary
who is disposing of the assets of an estate being administered by
the fiduciary.
Acceptance by a retail merchant of trade-in merchandise previously
sold by such retail merchant to the person presenting that merchandise
for trade-in.
Repairing, restoring or designing jewelry by a retail merchant,
if such activities are within his normal course of business.
Purchases of precious metals or gems by industrial refiners
and manufacturers, insofar as such purchases are made directly from
retail merchants, wholesalers, or dealers, or by mail originating
outside the state.
Persons regularly engaged in the business of purchasing and
processing nonprecious scrap metals which incidentally may contain
traces of precious metals recoverable as a byproduct.
Any item containing precious or semiprecious stones or pearls
customarily used in jewelry.
Any item except coins composed in whole or in part of gold,
silver, platinum, or platinum alloys.
[Code 1991, §§ 13-112 — 13-114]
A.
Waivers for nonprofit exhibitions. The Chief of Police or his designee may waive by written notice implementation of any one or more of the provisions of this article, except § 22-87, for particular numismatic, gem, or antique exhibitions or craft shows sponsored by nonprofit organizations, provided that the purpose of the exhibitions is nonprofit in nature, notwithstanding the fact that there may be casual purchases and trades made at such exhibitions.
B.
Coins. The provisions of this article shall not apply to the purchase
or sale of coins.
C.
Banks. This article shall not apply to any bank, branch thereof,
trust company or bank holding company, or any wholly owned subsidiary
thereof, engaged in buying and selling gold and silver bullion.
[Code 1991, § 13-115]
A.
Any person convicted of violating any of the provisions of this article
shall be guilty of a Class 2 misdemeanor for the first offense. Upon
conviction of any subsequent offense he shall be guilty of a Class
1 misdemeanor.
B.
Upon the first conviction of a dealer for violation of any provision
of this article, the Chief of Police may revoke the dealer's permit
to engage in business as a dealer under this article for one full
year from the date the conviction becomes final. Such revocation shall
be mandatory upon a second conviction.
[Code 1991, § 13-116]
A.
Required. No person shall engage in the activities of a dealer without
first obtaining a permit from the Chief of Police.
B.
Application; issuance or denial. To obtain a permit, the dealer shall
file with the Chief of Police an application form which includes the
dealer's full name, any aliases, address, age, date of birth, sex,
and fingerprints; the name, address, and telephone number of the applicant's
employer if any; and the location of the dealer's place of business.
Upon filing this application and the payment of an application fee
of $200, the dealer shall be issued a permit by the Chief of Police
or his designee, provided that the applicant has not been convicted
of a felony or crime of moral turpitude within seven years prior to
the date of application. The permit shall be denied if the applicant
has been denied a permit or has had a permit revoked under any ordinance
similar in substance to the provisions of this article.
C.
Approval of weighing devices. Before a permit may be issued, the
dealer must have all weighing devices used in his business inspected
and approved by local or state weights and measures officials and
present written evidence of such approval to the Chief of Police.
D.
Term; annual fee. The permit shall be valid for one year from the
date issued and may be renewed in the same manner as such permit was
initially obtained, with an annual permit fee of $200. No permit shall
be transferable.
E.
Interruptions in operation of business; permanent location required.
If the business of the dealer is not operated without interruption,
with Saturdays, Sundays, and recognized holidays excepted, the dealer
shall notify the Chief of Police of all closings and reopenings of
such business. The business of a dealer shall be conducted only from
the fixed and permanent location specified in his application for
a permit.
[Code 1991, § 13-117]
A.
Every dealer shall secure a permit as required by § 22-84, and each dealer at the time of obtaining such permit shall enter into a recognizance to the City Council secured by a corporate surety authorized to do business in this state, in the penal sum of $10,000, conditioned upon due observance of the terms of this article. In lieu of a bond, a dealer may cause to be issued by a bank authorized to do business in the state a letter of credit in favor of the City Council for $10,000.
B.
A single bond upon an employer or principal may be written or a single
letter of credit may be issued to cover all employees and all transactions
occurring at a single location.
[Code 1991, § 13-118]
Any person aggrieved by the misconduct of any dealer who has
violated the provisions of this article may maintain an action for
recovery in any court of proper jurisdiction against the dealer and
his surety. Recovery against the surety shall be only for that amount
of the judgment which is unsatisfied by the dealer.
[Code 1991, § 13-119]
A.
No dealer shall purchase precious metals or gems from any seller
who is under the age of 18 years.
B.
No dealer shall purchase precious metals or gems from any seller
whom the dealer believes or has reason to believe is not the owner
of such items, unless the seller has written and duly authenticated
authorization from the owner permitting and directing such sale.
[Code 1991, § 13-120]
[Code 1991, § 13-121(a), (b); Ord. No. 13-20, 10-22-2013]
A.
Every dealer shall keep at his place of business an accurate and
legible record of each purchase of precious metals or gems. The record
of each purchase shall be retained by the dealer for at least 24 months
and shall set forth the following:
(1)
A complete description of all precious metals or gems purchased from
each seller. The description shall include all names, initials, serial
numbers or other identifying marks or monograms on each item purchased,
the true weight or carat of any gem, and the price paid for each item;
(2)
The date, time and place of receiving the items purchased;
(3)
The full name, residence address, work place, home and work telephone
numbers, date of birth, sex, race, height, weight, hair and eye color,
and other identifying marks;
(4)
Verification of the identification by the exhibition of a government-issued
identification card such as a driver's license or military identification
card. The record shall contain the type of identification exhibited,
the issuing agency, and the number thereon; and
(5)
A statement of ownership from the seller.
B.
The information required by Subsection A(1) through (3) of this section shall appear on each bill of sale for all precious metals and gems purchased by a dealer, and all dealers shall, by electronic means approved by the Chief of Police, send a copy within 24 hours of the time of purchase to the Chief of Police.
[Code 1991, § 13-121(c)]
Every dealer or his employee shall admit to his place of business
during regular business hours the Chief of Police or his designee
or any law enforcement officer of the state or federal government.
The dealer or his employee shall permit the officer to examine all
records required by this article and any article listed in a record
which is believed by the officer to be missing or stolen, and search
for and take into possession any article known to him to be missing,
or known or believed by him to have been stolen.
[Code 1991, § 13-122]
A.
The dealer shall retain all precious metals or gems purchased for
a minimum of 10 calendar days from the date on which a copy of the
bill of sale is received by the Chief of Police. Until the expiration
of this period, the dealer shall not sell, alter, or dispose of a
purchased item, in whole or in part, or remove it from the City.
B.
If a dealer performs the service of removing precious metals or gems,
he shall retain the metals or gems removed and the article from which
the removal was made for a period of 10 calendar days after receiving
such article and precious metals or gems.
[Code 1991, § 13-123]
Each dealer shall maintain for at least 24 months an accurate and legible record of the name and address of the person to whom he sells any precious metal or gem in its original form after the waiting period required by § 22-91. This record shall also show the name and address of the seller from whom the dealer purchased the item.
