[HISTORY: Adopted by the Board of Supervisors of Amelia County 12-8-1980. Amendments noted where applicable.]
This chapter provides for the regulation of dealers in precious
metals and gems and penalties for its violation. It shall be referred
to as the "Amelia County Precious Metals and Gem Dealers Ordinance."
For the purpose of this chapter, the following words shall have
the meaning ascribed to them by this section:
Any person, firm, partnership or corporation engaged at any
location in the County in the business of purchasing precious metals
or gems or making loans for which precious metals or gems are received
and held as security; provided, however, that retail merchants whose
permanent places of business are located within the County shall be
exempt with respect to purchases of precious metals or gems made for
their inventory from manufacturers or wholesalers. "Dealer" shall
include merchants whose business is itinerant in the County. As used
herein, "dealer" includes employers and principals on whose behalf
the purchase or loan was made and all employees or agents who personally
make such purchases and loans. When any act is required of a corporation,
it shall be performed by its president.
Any item containing or having any precious or semiprecious
stones customarily used in jewelry or ornamentation.
Any item containing as part of its composition in any degree
gold, silver, platinum or pewter.
Beginning on December 9, 1980, no dealer shall purchase precious
metals or gems or make loans for which precious metals or gems are
received and held as security without first obtaining a permit from
the Sheriff of the County as provided herein and without complying
with all other provisions in this chapter. Possession of a permit
issued in another locality shall not relieve a dealer from the obligation
to obtain a permit from the Sheriff of the County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The permit required herein shall be issued by the Sheriff or his
designee upon payment of a $200 application fee and satisfaction of
the requirements herein. The application fee shall not be imposed
on subsequent applications so long as the business has been operated
continuously and without interruption since the issuance of the previous
permit. The applicant shall be issued a permit if he satisfies the
Sheriff of his good character and if he has not been convicted in
the past seven years of a felony or a crime involving moral turpitude.
Information required on the application shall include the applicant's
full name, aliases, address, age, sex and fingerprints and the name,
address and telephone number of the applicant's employer, if any,
and the location of the place of business of the dealer. No permit
shall be valid for more than six months from the date of issuance,
but may be renewed in the same manner as the initial permit is obtained.
If the dealer does not operate continuously from the date of obtaining
his permit, then he shall notify the Sheriff of any ceasing or renewing
of business or change in location. Failure to operate on weekends
or holidays shall not be construed as a ceasing or interruption.
B.
The permit fee shall be paid by the Sheriff to the Treasurer of Amelia
County who shall receipt therefor.
The license issued hereunder shall be a personal privilege and
shall not be transferable nor shall there be any abatement of the
fee for such license by reason of the fact that the dealer shall have
exercised the privilege for any period of time less than for which
it was granted. The license shall at all times be displayed prominently
by the dealer on his business premises.
Any false statement made on the application form voids the license
ab initio.
Dealers shall ascertain the name, address and age of sellers
of precious metals or gems and shall require the sellers to verify
the same by some form of identification issued by a governmental agency,
which identification must show as a part of it a picture of the person
so identified.
Every dealer shall maintain adequate records to reflect the
following information which shall appear on bills of sale, one copy
of which is to be retained by the dealer, one copy to be delivered
during regular County work hours to the Sheriff at his office within
24 hours after the sale, and one copy to be delivered to the seller
of such precious metals or gems or borrower as the case may be. If
the purchase or loan occurs during a weekend, then the delivery to
the Sheriff shall be made no later than 10:00 a.m. of the next regular
County workday. The required information is as follows:
A.
The name of the dealer and his employer or principal, if any.
B.
A complete description of each item purchased including weight of
the precious metals or gems purchased by the dealer, such description
to include all names, initials, serial numbers or other identifying
marks or monograms appearing on the item in question.
C.
The name, address and age of the seller.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No dealer shall purchase or make a loan on precious metals or
gems from any seller who is under the age of 18 years. No dealer shall
purchase or make a loan on precious metals or gems from any one who
the dealer believes or has reason to believe is not the owner of such
precious metals or gems, unless the seller has written and duly authenticated
authorization from the owner permitting and directing such sale.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The dealer shall retain all precious metals or gems purchased
for a minimum of 15 calendar days from the date of filing the bill
of sale reflecting such purchase with the Sheriff. During such period
of time no change shall be made to any item containing precious metals
or gems.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Prior to receiving his permit, every dealer shall enter into
a cash bond or bond with approved corporate surety, to be payable
to the County of Amelia in the penal sum of $10,000 and conditioned
upon due observance of the terms of this chapter.
Any person aggrieved by the dealer's violation of the provisions
of this chapter who shall recover a final judgment against him therefor
may maintain an action in his own name upon the bond.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any person
convicted of violating any of the provisions of this chapter 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
chapter, the County Sheriff may revoke the dealer's permit for one
full year from the date the conviction becomes final. Such revocation
shall be mandatory for two full years from the date the conviction
becomes final upon a second conviction.
If any section of this chapter or portion thereof is declared
invalid or unconstitutional by a court of competent jurisdiction,
it shall be regarded as severed and the remaining sections and portions
shall continue in full force and effect.
