[HISTORY: Adopted by the Board of Supervisors of Northumberland County 7-14-1981; amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
Pursuant to § 54.1-4111 of the Code of Virginia, no dealer
may purchase precious metals or gems without a license as provided herein.
As used in this chapter, the following terms shall have the meanings
indicated:
Any piece of gold, silver or other metal fashioned into a prescribed
shape, weight and degree of fineness, stamped by authority of a government
with certain marks and devices, having a certain fixed value as money.
Any person, firm, partnership or corporation engaged at any location
in Northumberland County, Virginia, in the business of purchasing secondhand
precious metals or gems; removing in any manner precious metals or gems from
manufactured articles not then owned by the person, firm, partnership or corporation;
or buying, acquiring or selling precious metals or gems removed from manufactured
articles. The term "dealer" includes all employers and principals on whose
behalf a purchase is made and any employee or agent who makes any purchase
of or on behalf of the employer or principal. The definition of "dealer" shall
not include persons engaged in the following:
Purchases of precious metals or gems directly from other dealers, manufacturers
or wholesalers for retail or wholesale inventories, provided that the selling
dealer has complied with the provisions of this chapter.
Purchases of precious metals or gems from a qualified fiduciary who
is disposing of the assets of an estate being administered by the fiduciary.
Acceptance by retail merchants of trade-in merchandise previously sold
by the retail merchant to the person presenting the merchandise for trade-in.
Repairing, restoring or designing jewelry by retail merchant, if such
activities are within the normal course of business.
Purchases of precious metals or gems by industrial refiners and manufacturers,
insofar as such purchases are made directly from retail merchants, wholesalers,
dealers or by mail originating outside the commonwealth.
Persons regularly engaged in the business of purchasing and processing
nonprecious scrap metals which incidentally may contain traces of precious
metals recoverable as a by-product.
Any item containing precious or semiprecious stone customarily used
in jewelry.
Any item except coins composed in whole or in part of gold, silver,
platinum or platinum alloys.
A.
No person shall engage in the activities of a dealer
as defined in this chapter within this county without first obtaining a permit
from the Sheriff of Northumberland County, Virginia (hereinafter "Sheriff").
B.
To obtain a permit, the dealer shall file with the Sheriff
an application form which includes the dealer's full name, any aliases,
address, age, date of birth, sex and fingerprints; the name, address and telephone
number of the applicant's employer, if any; and the location of the dealer's
place of business. Upon filing this application and the payment of an application
fee of $200, the dealer shall be issued a permit by the Sheriff, provided
that the applicant has not been convicted of a felony or crime of moral turpitude
within seven years prior to the date of application. The permit shall be denied
if the applicant has been denied a permit or has a permit revoked under any
ordinance similar in substance to the provisions of this chapter.
C.
Before a permit may be issued, the dealer must have all
weighing devices used in his or her business inspected and approved by local
or state weights and measures officials and present written evidence of such
approval to the Sheriff.
D.
This permit shall be valid for one year from the date
issued and may be renewed in the same manner as such permit was initially
obtained with an annual permit fee of $200. No permit shall be transferable.
If the business of the dealer is not operated without interruption,
with Saturdays, Sundays and recognized holidays excepted, the dealer shall
notify the Sheriff of all closings and re-openings of such business. The business
of a dealer shall be conducted only from the fixed and permanent location
specified in his or her application for a permit.
The permit issued hereunder shall be a personal privilege and shall
not be transferable, nor shall there be any abatement of the tax upon such
license by reason of the fact that the licensee shall have exercised the privilege
for any period of less than that for which it was granted. The permit shall
at all times be publicly displayed by the licensee on his or her business
premises.
A.
Every dealer shall keep at his or her place of business
an accurate and legible record of each purchase of precious metals or gems.
The record of each purchase shall be retained by the dealer for at least 24
months and shall set forth the following:
(1)
Complete description of all precious metals or gems purchased
from each seller. The description shall include all names, initials, serial
numbers or other identifying marks or monograms on each item purchased, the
true weight or carat of any gem and the price paid for each item.
(2)
The date, time and place of receiving the items purchased.
(3)
The full name, residence address, workplace, home and
work telephone numbers, date of birth, sex, race, height, weight, hair and
eye color and other identifying marks.
(4)
Verification of the identification by the exhibition
of a government-issued identification card, such as a driver's license
or military identification card. The record shall contain the type of identification
exhibited, the issuing agency and the number thereon.
(5)
A statement of ownership from the seller.
Every dealer or his or her employee shall admit to his or her place
of business during regular business hours the Sheriff or his or her designee
or any law enforcement officer of the state or federal government. The dealer
or his or her employee shall permit the officer to examine all records required
by this chapter and any article listed in a record which is believed by the
officer to be missing or stolen and to search for and take into possession
any article known to him or her to be missing or known or believed by him
or her to have been stolen.
A.
No dealer shall purchase precious metals or gems without first ascertaining the identity of the seller by requiring an identification issued by a governmental agency with a photograph of the seller thereon, and at least one other corroborating means of identification, and obtaining a statement of ownership from the seller. The statement of ownership shall contain the information outlined in § 109-6A(3) above.
B.
No dealer shall purchase precious metals or gems from
any seller who is under the age of 18.
C.
No dealer shall purchase precious metals or gems from
any seller who the dealer believes or has reason to believe is not the owner
of such items, unless the seller has written and duly authenticated authorization
from the owner permitting and directing such sale.
A.
The dealer shall retain all precious metals or gems purchased
for a minimum of 10 calendar days from the date, on which a copy of the bill
of sale is received by the Sheriff, in which the purchase is made. Until the
expiration of this period, the dealer shall not sell, alter or dispose of
a purchased item in whole or in part, or remove it from Northumberland County.
B.
If a dealer performs this service of removing precious
metals or gems, he or she shall retain the metals or gems removed and the
article from which the removal was made for a period of 10 calendar days after
receiving such article and precious metals or gems.
Each dealer shall maintain for at least 24 months an accurate and legible
record of the name and address of the person, firm or corporation to which
he or she sells any precious metal or gem in its original form after the waiting
period described above. This record shall also show the name and address of
the seller from whom the dealer purchased the item.
A.
Every dealer shall secure a permit as required by this
chapter, and each dealer at the time of obtaining such permit shall enter
into a recognizance to the commonwealth secured by a corporate surety authorized
to do business in this commonwealth, in the penal sum of $10,000, conditioned
upon due observation of the terms of this chapter. In lieu of a bond, a dealer
may cause to be issued by a bank authorized to do business in the commonwealth
a letter of credit in favor of Northumberland County for $10,000.
B.
A single bond upon an employer or principal may be written
or a single letter of credit issued to cover all employees and all transactions
occurring at the same location.
Any person aggrieved by the misconduct of any dealer which violates
the provisions of this chapter may maintain an action for recovery in any
court of proper jurisdiction against the dealer and his or her surety. Recovery
against the surety shall be only for the amount of the judgment which is unsatisfied
by the dealer.
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 or she 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 Sheriff may revoke the dealer's permit
for one full year from the date the conviction becomes final. Such revocation
shall be mandatory upon a second conviction.
