[A.O.]
No person, corporation or business entity of whatever kind or
nature shall engage in the business of buying and selling gold, jewels
and other precious metals on a full- or part-time basis without first
obtaining a license for such business from the Office of the Borough
Secretary. At the time of making application for said annual Borough
license, the applicant shall submit a current license, valid for the
period of Borough license applied for, from the Sheriff of Allegheny
County which the Sheriff issued to said applicant pursuant to the
Act of February 24, 1984, P.L. __, No. 17, 73 P.S. § 1931
et seq., and regulations promulgated at 37 Pa. Code § 501.1
et seq.
[A.O.]
1.
The dealer shall completely, accurately and legibly record every
transaction on a form provided by and prepared by the dealer. The
record of every transaction shall include:
A.
The name, address, age, sex, race and driver's license number,
if any, of the seller.
B.
The identity of the seller shall be established by requiring the
seller to produce an identification issued by a governmental agency
with a photo of the seller thereon, if available, and at least one
other corroborating means of identification. Otherwise, identification
sufficient to reliably establish the person's true identity shall
be required.
C.
The seller shall be required to sign the form on which is recorded
the information required by this section.
D.
An accurate description of the property purchased shall include all
names, initials, serial numbers or other identifying marks or monograms
on each item purchased.
E.
The time and date of the transaction shall be recorded at the time
of the transaction. Records of transactions shall be maintained by
the dealer in precious metals for a period of one year and shall be
available for inspection by any law enforcement official of the federal
government, the commonwealth, the county or the Borough. A copy of
every record of transaction shall be delivered or mailed to the Chief
of Police of the Borough of Liberty by the close of the next working
day after the day on which the metal was purchased. Each item of precious
metal purchased by a dealer in precious metals shall be retained in
unaltered condition for five full working days after report of its
purchase has been filed with the Chief of Police of the Borough of
Liberty.
[A.O.]
When a purchase is made from a minor, the written authority of the parent, guardian or person in loco parentias authorizing the sale shall be attached and maintained with a record of transaction described in § 13-402.
[A.O.]
1.
When a weighing device is used to purchase precious metals, there
shall be posted, on a conspicuous sign located close to the weighing
device, a statement of prices for the precious metals being purchased
as a result of the weight determination.
3.
When the weight determination is expressed in metric units, a conversion
chart to troy ounces shall be prominently displayed so as to facilitate
price comparison. The metric equivalent of a troy ounce is 31.10348
grams.
[A.O.]
1.
A weighing device used in the purchase of precious metals shall be
positioned in such a manner that its indications may be accurately
read and the weighing operation observed from a position which may
be reasonably assumed by the buyer and the seller. A verbal statement
of the result of the weighing shall be made by the person operating
the device and recorded on the dealer's record of transaction.
2.
The minimum graduation on the weighing device used for the purchase
of precious metals shall not exceed 0.1 gram or 0.1 pennyweight for
weighing devices whose capacities are 3,000 grams or 100 troy ounces
and less. The minimum weight load permitted to be determined on a
weighing device shall not be less than the equivalent of 25 times
the smallest graduation on the weighing device.
3.
This section is subject to the Weights and Measures Act of 1965,
73 P.S. § 1651 et seq.
[A.O.]
1.
To the extent that a violation of this Part constitutes a violation
of the Act of February 24, 1984, P.L. _____, No. 17, 73 P.S. § 1931
et seq., and/or regulations promulgated at 37 Pa. Code § 501.1
et seq., said violation shall be prosecuted under said Act and/or
regulations.
2.
Any violation of this Part which does not constitute a violation
of the Act of February 24, 1984, P.L. _____, No. 17, 73 P.S. § 1931
et seq., and/or regulations promulgated at 37 Pa. Code § 501.1
et seq., shall be subject to prosecution under this Part and, any
person, firm or corporation who shall violate any provision of this
Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
