[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:
COIN
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.
DEALER
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:
A.
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.
B.
Purchases of precious metals or gems from a qualified fiduciary
who is disposing of the assets of an estate being administered by
the fiduciary.
C.
Acceptance by a retail merchant of trade-in merchandise previously
sold by such retail merchant to the person presenting that merchandise
for trade-in.
D.
Repairing, restoring or designing jewelry by a retail merchant,
if such activities are within his normal course of business.
E.
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.
F.
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.
GEM
Any item containing precious or semiprecious stones or pearls
customarily used in jewelry.
PRECIOUS METAL
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, § 13-118]
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, § 13-121(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, § 13-123]
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.