[HISTORY: Adopted by the Municipal Council of the Township
of Irvington as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-28-1982 by Ord. No. MC 2681 (Ch. 159, Art. I, of the 1981
Revised Code)]
No person shall engage in the business of buying used or secondhand
precious metals, natural and synthetic gems and all forms of previously
owned jewelry, without first obtaining a license as provided herein.
[Amended 1-12-2016 by Ord. No. MC 3562]
A.
Each person conducting such business shall apply to the Division of Licensing for a license. Each business address maintained by a person subject to § 491-1 shall be individually licensed. Where such person maintains no permanent business address in the Township of Irvington but purchases used or secondhand precious metals, gems or jewelry within the Township of Irvington, on a regular basis, said person shall also be subject to the license provision of this article. For the purpose of this section, two or more purchases within any twelve-month period shall constitute doing business on a regular basis.
B.
Such license shall be valid for a period of one year from the date
of issue and shall be displayed in plain view at the licensed premises.
Where the person has no business premises within the Township of Irvington,
the license shall be carried on his person and shall be displayed
upon the request of the Director of Public Safety or his designee.
The license shall cover the individual licensee and, where appropriate,
the specific premises listed as the place of business in the license
application. Where a person does business in the Township of Irvington
but has no business premises in the Township, each employee engaged
within the Township of Irvington, in the aforesaid business, shall
be licensed.
C.
All persons employed at the licensed premises are deemed to be licensed,
provided that they are listed on the license application. The Director
of Public Safety shall be notified of changes in personnel within
seven days of such change.
D.
It shall be the duty of every licensee to provide the Director of
Public Safety with his residential address and to notify him of any
change of address within seven days.
[Amended 1-12-2016 by Ord. No. MC 3562]
The Director of Public Safety shall cause a background investigation
to be made of each applicant for a license. He may require the applicant
to supply such information necessary to obtain such investigation
and shall require the fingerprints of applicants. No person may obtain
such a license if a review of his background reveals a conviction
for dealing in or possessing or participating in the sale, distribution
of or the receiving of any stolen property, or offenses relating thereto,
or conviction of any indictable offense.
A.
Every licensee shall keep a bound book, in a form prescribed by the
Director of Public Safety, of consecutively numbered transactions,
in which shall be legibly written in English at the time of every
purchase from a person a complete and detailed description of every
article so purchased, the number or numbers and any trademark, monogram,
inscription or other marks of identification thereon, the size, color
and description of any natural or synthetic gem, the name and residence
address of the person from whom such purchase was made, the day and
hour of the purchase, the name and address of the person to whom such
article is sold, traded or the ownership thereof is otherwise transferred,
and such other information as the Director of Public Safety may require.
[Amended 1-12-2016 by Ord. No. MC 3562]
B.
Such books shall be kept on the business premise of the licensee
or at the place designated on the duly approved license at all times
during normal business hours.
A.
It shall be the duty of every licensee to verify the identity of
every person from whom he purchases an article, and to make and keep
a written record of the nature of the evidence submitted by such person
to prove his identity.
B.
Only the following shall be deemed acceptable evidence of identity:
(1)
Any official document, except a social security account number card,
issued by the United States government, any state, county, municipality
or subdivision thereof, any public agency or department thereof, or
any public or private employer, which requires and bears the signature
of the person to whom issued.
(2)
Other identification documentation which, under the circumstances
of any particular purchase, would lead a reasonable man to believe
it to be accurate and reliable, when other identification is not available.
C.
It shall be the duty of every licensee to require that every person
from whom an article is purchased sign his name in the presence of
the licensee, and to compare the signature with the signature of the
identifying document, if any, and retain on his premises the person's
signature together with the number and description of the identifying
document, if any.
A.
Every licensee shall issue to the seller and keep for his own records
a serialized receipt which shall bear the following legend legibly
printed in ten-point type or larger: "Warning: This receipt and other
records relating to this transaction are subject to inspection by
the Irvington Public Safety Department."
[Amended 10-14-2015 by Ord. No. MC 3553]
B.
All receipts, records and other documents required by this article
shall be open to inspection by the Director of Public Safety or his
designee.
[Amended 1-12-2016 by Ord. No. MC 3562]
No licensee shall melt, change the form of, sell or otherwise
dispose of any articles purchased or received within five days of
such purchase or receipt, and all such articles shall remain on the
premises where the purchase was made for at least five days.
[Amended 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord.
No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The fee for a license for a person engaged in the business of buying used precious metals, gems and jewelry shall be $342 initially and $197 annually thereafter, provided that transactions listed in § 491-9 shall be exempt from paying said license fee.
The sale or other disposition by a licensed dentist of gold
or silver amalgams used in dentistry is exempt from the provisions
of this article.
