[1]
Editor's Note: Ord. no. 2135 § 4, adopted June 17,
2010, repealed sections 15-36 — 15-39 concerning "advertising
and commercial signs" in their entirety. Former sections 15-36 —
15-39 derived from ord. no. 1024 § 2, 7-7-1977; ord. no.
1188 §§ 2, 4, 8-19-1982; ord. no. 1363 § 1,
10-1-1987; ord. no. 1437 §§ 1, 2, 11-2-1989; ord. no.
1524 § 1, 11-5-1992; ord. no. 1553 § 1, 7-1-1993;
ord. no. 1636 § 1, 1-5-1995.
Subsequently, ord. no. 2247 § 1, adopted April 18,
2013 enacted provisions related to "dealers in precious metals and
secondhand goods" which have been set out herein.
[Ord. No. 2247 § 1, 4-18-2013]
As used in this Article, the following terms shall mean as follows:
The Chief of Police of the City of Bellefontaine Neighbors
Police Department.
A person who acquires personal property, goods or merchandise
for the purpose of putting such items to their intended use and not
solely for resale.
The Finance Director of the City of Bellefontaine Neighbors.
An object composed wholly or in part of gold, silver, platinum
or other precious metal; and coins of any composition. For the purpose
of these regulations, "item of precious metal" shall also include
gems such as diamonds, rubies, pearls and similar substances.
An individual, partnership, corporation, joint venture, trust,
association, or any other legal entity however organized.
A person who has not been convicted of any State, Federal,
or Municipal offense involving drugs or narcotics, robbery, burglary,
theft, stealing, receiving stolen property, embezzlement, extortion,
forgery, gambling, bribery, perjury, any weapons offense, or any crime
of violence.
Any person who in any way, as principal, broker or agent:
Personal property and consumer goods of any kind or description
which have previously been used or have previously been transferred
into the possession of a consumer, including, but not limited to,
carpets, clothing, cloth and rags, copper, brass, iron or other metals,
furniture, articles of household utility, tools, articles of personal
use, electronic devices, computers, cellular phones, and electronic
communication devices.
A person purchases or sells secondhand goods.
[Ord. No. 2247 § 1, 4-18-2013]
(a)
Licenses required. No person shall operate as a precious metals dealer or secondhand goods dealer in the City unless such person obtains a license issued by the City in accordance with the general licensing provisions of this Chapter 15 and the specific provisions of this Article. A license is required for each place where such a dealer's business is transacted; and no one shall act as an agent, employee, or solicitor for any such dealer while such dealer is engaged in such business at a place other than that specified in the license. It shall be unlawful for any person to conduct or transact a precious metals dealer business or secondhand goods dealer business in the City unless he shall keep posted in a conspicuous place in the place of business the license certificate therefor, and a copy of all ordinances relating to such dealer's activities.
(b)
Licensing year is calendar year. All licenses issued
under this Article are for a period of one (1) year, or portion of
one (1) year, and expire on Midnight of December thirty-first (31st).
The license fee for any license which is issued for a portion of a
year shall be prorated by the Director.
(c)
Application for new dealer license.
(1)
An application for a new precious metals dealer or secondhand
goods dealer license shall be under oath and on forms prescribed and
provided by the Director and shall contain other relevant information
sufficient to inform the Director regarding the qualifications of
the applicant for a license as required by the Director. At minimum,
the application shall include:
a.
The full name and address of the applicant, and each current
and prospective employee, if known, for the past two (2) years;
b.
The address where the business is to be conducted;
c.
A statement as to whether the applicant, and each current and
prospective employee, if known, has ever been convicted of a felony;
d.
The name, address and phone number of at least two (2) persons
of good moral character who may be used as character references for
the applicant, and each current and prospective employee, if known;
and
e.
If the applicant is a partnership, the application shall include
the required information for each partner, and whether such partner
is a general partner or a limited partner. If the applicant is a corporation,
the application shall include the required information for each officer
and director and each shareholder owning twenty percent (20%) or more
of the corporate stock.
(2)
The application shall be accompanied by:
a.
An investigation fee of one hundred dollars ($100.00) if the
applicant is unlicensed at the time of applying for the pawnshop,
or fifty dollars ($50.00) if the application involves a second (2nd)
or additional license to an applicant previously licensed for a separate
location, or involves substantially identical principals and owners
licensed at a separate location;
b.
The annual license fee required by this Chapter; and
c.
If the applicant is a corporation, a "certificate of good standing"
issued by the Missouri Secretary of State.
(d)
Non-use and transfer of license.
(1)
If a dealer does not conduct business for any continuous period
of ninety (90) days after the issuance of a license, the license shall
be null and void.
(2)
Licenses are personal to the licensee and may not be transferred
to any other person. Any attempt to transfer such license to any other
person shall render said license null and void. It shall be unlawful
for any person to do business or to attempt to do business under a
license transferred to him.
(e)
Investigation by Director. The Director shall investigate
the facts contained in an application for a new license and shall
request the assistance of the Chief of Police and any other person
who has knowledge of the facts contained in the application, or who
is authorized to investigate such facts.
(f)
Standards for issuance. No license shall be issued
to any person who:
(1)
Is not of good moral character, or to any dealer employing persons
who are not of good moral character; or
(2)
Makes a false statement of material facts in the application
for a license or a renewal license; or
(3)
Fails to show that the business will be operated lawfully and
fairly within the purposes of the Article; or
(4)
Has a felony or misdemeanor conviction which either directly
relates to the duties and responsibilities of the occupation of precious
metals dealer or secondhand goods dealer or which otherwise makes
the applicant presently unfit for a license.
(g)
Exemption from requirement for new license. No person
who is lawfully operating a precious metals dealership or a secondhand
goods dealership on the date of adoption of this ordinance shall be
required to obtain a license under this Article in order to continue
operating such dealership, so long as such person does not violate
any other provisions of this Code of Ordinances, this Chapter or this
Article. Such persons may continue to operate those dealerships then
in existence, but thereafter must receive annual renewal by paying
the requisite license and investigation fees and meeting the operational
standards provided in this Article.
(h)
Subsequent license applications. Each dealer make
a renewal application to the Director. The application shall be filed
by December first (1st) of the current licensing year and shall be
on the forms and shall contain such information as the Director may
require. The forms shall contain such information as will assist the
Director in determining whether conditions have changed, and whether
a renewal license should be issued for the subsequent licensing year.
The Director may request the assistance of the Chief of Police or
any other City employee or person having knowledge of the truth or
falsity of the matters contained in the application, or who is able
to investigate those matters. The annual fee for the renewal license
application is fifty dollars ($50.00).
(i)
Suspension or revocation of license.
(1)
If the Director has reason to believe that any condition has
changed such that the licensee would not be eligible to receive a
license, or that the licensee is in violation of this Article or any
State or Municipal law, the Director may suspend the license.
(2)
If the Director has reason to believe that the changed condition(s)
are such that, if true, the licensee would not be able to remedy the
situation in a reasonable time, or if the licensee has previously
been in violation of this Article or State or Municipal law, then
the Director may revoke the license.
(3)
If the Director has reason to believe that the safety, morals,
or peace of residents of the City are immediately affected by the
change in conditions, the Director may suspend or revoke the license
prior to a hearing; but in such case he shall afford the licensee
a hearing within five (5) days of the suspension or revocation if
the licensee desires such a hearing. If the Director believes that
the changed condition is not of such imminent hazard to the safety,
morals, or peace of the residents of the City, he may hold a hearing
prior to taking any action. He shall give the licensee at least ten
(10) days' notice of the hearing.
(4)
Any party aggrieved by a decision of the Director may appeal
to the Circuit Court of St. Louis County within fifteen (15) days
of the Director's action in accordance with the provisions of
Chapter 536, RSMo.
[Ord. No. 2247 § 1, 4-18-2013]
(a)
All secondhand goods dealers and precious metals dealers who in the
course of business exchange money or any other thing of value for
any secondhand good or item of precious metal shall concurrently.
(1)
Make one (1) or more photographs or digital images of all other
persons engaged in the transaction other than the dealer and or the
dealer's employee and such other persons' governmentally-issued
identification card(s), such as a driver's license; and
(2)
Make an adequate array of photographs or digital images of each
item or items involved in the transaction. The image array of a person
shall display all facial features with such clarity and orientation
so as to enable clear identification of the subject. The image array
of an item or items shall fully preserve and display all aspects of
the item or items with sufficient clarity, orientation and detail
to enable a clear identification of each item, and must include any
serial number and all other identifying marks.
(b)
Dealers shall retain all photographs taken pursuant to this Section.
Photographs may be kept electronically as part of the electronic record
required hereby.
(c)
No secondhand goods dealer or precious metals dealer shall acquire
any such items from any other person who is less than twenty-one (21)
years of age.
[Ord. No. 2247 § 1, 4-18-2013]
(a)
All precious metals dealers and secondhand goods dealers shall, in
electronic form, record the following information regarding the transaction
and all persons engaged in a transaction involving acquisition by
such dealer of secondhand goods or items of precious metal:
(1)
Date, time and place of the transaction;
(2)
Correct and documented name, address, date of birth, driver's
license or other governmentally-issued identification number, if different
from Social Security number, and pedigree of all persons involved
or present at the transaction other than the dealer and the dealer's
employee;
(3)
Telephone contact information for all such other persons;
(4)
A complete description of the item or items involved in the
transaction, including, but not limited to, any serial number and
all other identifying marks, and the telephone number if the item
is a cell phone or similar communication device;
(5)
The amount or consideration paid by the dealer;
(6)
Identification of the dealer and employee, if any, involved
in the transaction; and
(7)
The right thumbprint (or left thumbprint, if no right thumbprint
can be obtained) of all other persons involved in the transaction.
(b)
All secondhand goods dealers and precious metals dealer shall display
in a prominent space a notice to customers that the law requires the
taking and retention of one (1) or more photographs of every customer
engaged in a transaction involving acquisition by such dealer of any
secondhand good or item of precious metal.
(c)
Each secondhand goods dealer and each precious metals dealer must,
before the hour of 6:00 P.M. of every day, except Sunday and days
the dealer is closed all day, make and deliver to the Chief of Police,
at the police station, a full, true and detailed copy of that day's
electronic records of transactions. If no transactions occurred during
that day, a report must be made to that effect.
[Ord. No. 2247 § 1, 4-18-2013]
(a)
All completed electronic records shall be retained by the secondhand
goods or precious metals dealer completing them for not less than
one (1) year from the date of the transaction to which they relate.
No dealer shall fail to provide a retained electronic record to a
Law Enforcement Officer for inspection or transfer to the possession
of the Police Department for lawful purposes.
(b)
A secondhand goods or precious metals dealer may destroy a retained
electronic record after one (1) year; provided however, that not less
than sixty (60) days prior to the date of destruction, the dealer
shall notify the Police Department in writing of the intention to
destroy the electronic record. The Chief of Police may thereafter
order the dealer to turn over possession of the electronic record
to the Police Department, and the dealer so ordered shall immediately
comply therewith.
[Ord. No. 2247 § 1, 4-18-2013]
A secondhand goods or precious metals dealer shall not sell,
trade, melt down or otherwise dispose of, alter or destroy any secondhand
good or item of precious metal less than ninety-six (96) hours after
its acquisition. Upon written notice that the Police Department has
cause to believe any secondhand good or item of precious metal has
been stolen or transferred to such dealer under unlawful circumstances,
the dealer shall retain possession of the item for not less than an
additional ten (10) days.
[Ord. No. 2247 § 1, 4-18-2013]
Any person operating a dealership in secondhand goods or precious metals pawnshop without a license or otherwise in violation of the standards and requirements provided herein shall be guilty of a violation ordinance and, upon conviction thereof, shall be punished as provided in Section 1-10 of this code.
