[HISTORY: Adopted by the Borough Council of the Borough of
Franklin Park 1-15-2003 by Ord.
No. 518-03. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 154.
This chapter prescribes the information that the Borough shall
obtain from persons or businesses seeking to be licensed as precious
metals dealers; the information and verification practices the dealers
shall carry out in recording precious metals transactions, as a precious
metals dealer; the provisions for posting prices and the standards
for scales and weighing devices. This chapter implements parts of
the Act[1] so as to render the Act enforceable, and parties administering
or conducting business under the Act shall familiarize themselves
with it. The Act does not supersede state or federal laws.
[1]
Editor's Note: See 73 P.S. § 1931 et seq.
A.
DEALER IN PRECIOUS METALS
PRECIOUS METALS
The following words and terms, when used in this chapter, have the
following meanings, unless the context clearly indicates otherwise:
An individual, partnership, association, corporation or business
entity, who or which purchases precious metals from the general public
for resale or refining, or an individual who acts as agent for the
individual, partnership, association, corporation or business entity
for the purchases. The term does not include financial institutions
licensed under federal or state banking laws; the purchaser of precious
metals who purchases from a seller seeking a trade-in or allowance;
the manufacturers of jewelry or of other items composed, in whole
or in part, of gold, silver or platinum; and the purchaser of precious
metals for his own use or ownership and not for resale or refining.
Items containing or being of gold, silver or platinum, including,
but not limited to, jewelry and silver services. The term does not
include coins, ingots, bullion or photographic film or articles containing
less than 5% of gold, silver or platinum by weight.
B.
Other words and terms used in this chapter have the meanings contained
in Section 1 of the Act (73 P.S. § 1931).
A.
An application for an annual license as a dealer in precious metals shall be submitted to the Borough Manager. The dealer applicant shall provide all of the information required by Subsection B (relating to information to be provided in license applications) in a complete, accurate and legible manner on a form to be supplied by the Borough.
B.
Information to be provided in license applications.
(1)
Individuals. Individuals shall provide the following information:
(a)
Full name, any previous names and any aliases.
(b)
Current address and telephone number and complete address of
all residences during the preceding five years.
(c)
Age.
(d)
Sex.
(e)
Name, address and telephone number of the applicant's employer,
if any.
(f)
Address and telephone number of the applicant's place of
business.
(g)
Name under which the applicant's business will be operated
and, if the business is to be conducted under an assumed or fictitious
name, the date of registration of the fictitious name.
(h)
Whether the applicant has been indicted or convicted of a crime
in this commonwealth or elsewhere.
(i)
Whether the applicant has ever had an application for a precious
metals dealer license rejected or has ever had a precious metals dealer
license suspended, canceled or revoked by a federal, state or municipal
authority.
(2)
Business combinations. Business combinations shall provide the following
information:
(a)
Name under which the business will be operated and, if the business
is to be conducted under an assumed or fictitious name, the date of
registration of the fictitious name.
(b)
Address and telephone number of the applicant's place of
business.
(c)
For commonwealth corporations, the date of incorporation and,
for foreign corporations, the date of registration in the commonwealth
and the name of the state in which they are incorporated and the date
of incorporation.
(f)
The complete name, address and telephone number of an office
manager.
A.
The dealer shall completely, accurately and legibly record every
transaction on a form provided by and prepared by the dealer. For
the record of every transaction:
(1)
The name, address, age, sex, race and driver's license number,
if any, of the seller shall be entered.
(2)
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.
(3)
The seller shall be required to sign the form on which is recorded
the information required by this section.
(4)
An accurate description of the property purchased shall include all
names, initials, serial numbers or other identifying marks or monograms
on each item purchased.
(5)
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 or its municipalities.
B.
Time and manner of keeping records. Records of dealer transactions
may be made available to law enforcement officials, other governmental
entities and persons who, in the opinion of the custodian of the dealer
transaction record, should be permitted access, such as an insurance
company.
No secondhand or antique dealer shall sell or dispose of any
of the following secondhand articles or goods in any way until 30
days after purchase:
When a purchase is made from a minor, the written authority of the parent, guardian or person in loco parentis authorizing the sale shall be attached and maintained with the record of transaction described in § 156-4 (relating to records of transactions).
A.
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.
C.
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.
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 viewed 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.
B.
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.
A.
A licensed dealer in precious metals who violates the Act shall be
guilty of a misdemeanor of the third degree.
B.
An individual, partnership, association, corporation or business
entity violating the Act shall, upon conviction, in addition to the
penalties set forth above, suffer immediate revocation of an existing
license issued under the Act and be ineligible to apply for a dealer's
license under the Act for five years thereafter.
