[HISTORY: Adopted by the City Council of the City of Ogdensburg 7-12-1982 as Ord. No. 8-1982 (Ch. 18 of the 1975 Ogdensburg Municipal Code). Amendments noted
where applicable.]
A.Â
It is hereby found and determined that:
(1)Â
There has been an increase in the incidents of property theft.
(2)Â
The market value of precious metals, gems and coins has risen dramatically.
(3)Â
The ease with which persons may buy and sell precious metals, gems
and coins without requiring personal identification, property identification
or proof of ownership of said property provides opportunities for
disposal of stolen personal property, including precious metals, gems
and coins.
(4)Â
The regulation and control for the purchase and sale of precious
metals, gems and coins will serve to protect the property rights of
victims of theft and other criminal activity.
(5)Â
The regulation and control of the purchase and sale of said property
will serve to aid police investigation of theft, robbery and burglary
and aid in the return of property to its rightful owners all without
unduly hindering legitimate business activity.
B.Â
Therefore, the public health, morals and general welfare of the City
of Ogdensburg will be protected and promoted and the best interest
of the people will be served by the control and regulation of the
buying, selling, trading or dealing of precious metals, gems and coins.
As used in this chapter, the following terms shall have the
following meanings:
Any person who individually or as principal, broker, agent,
employee or assign of any person buys or sells from any person precious
metals, gems or coins or who buys or sells from any person articles
composed wholly or in part of precious metals or gems for the purpose
of melting or refining said precious metals or gems.
Includes emerald, diamond, ruby, sapphire, black opal, ruby
spinel, citrine, demantoid, bloodstone, jasper, pearl, aquamarine,
beryl, topaz, garnet, chrystolite, fire opal, moonstone, rose quartz,
tourmaline, carelian, peridot, sardonyx, zircon, morganite, chrysoprase,
kunzite, cat's eye, amethyst, chalcedony, onyx, agate, alexandrite,
star sapphire, lapis lazuli, harlequine opal, turquoise, jade or any
utensil, jewelry, object of art or other item of personal property
containing one or more of said gems.
Includes a human being, public or private corporation, association,
unincorporated association or partnership.
Gold, silver, platinum or any coins, utensils, jewelry, objects
of art or any other personal property containing one or more of these
elements.
Any person who buys, sells or exchanges precious metals,
gems or coins for currency, bank drafts or other negotiable instruments.
Any shop, store, residence, place of business or premises
from which a precious metals exchange is conducted.
A.Â
It shall be unlawful for any person to operate a precious metal exchange
or to operate as a dealer of precious metals and/or gems within the
city limits of the City of Ogdensburg without having first obtained
and paid for and having in full force and effect a license therefor.
B.Â
Any person desiring to procure a license shall file with the City
Clerk a written application upon a form furnished by the City Clerk.
Said application shall contain the following information:
(1)Â
The name and description of the applicant.
(2)Â
The name and address of the person, public or private corporation,
association, unincorporated association or partnership represented
by the applicant.
(3)Â
The local and legal address of the applicant and the person, if any,
represented by the applicant.
(4)Â
The age and date of birth of the applicant.
(5)Â
Whether or not the applicant has been convicted of a misdemeanor
or felony and, if so, the date of the conviction, nature of the offense,
penalty imposed and the name and address of the court.
(6)Â
An endorsement in writing by two reputable citizens of the State
of New York certifying to the good reputation of the applicant or
the person represented by the applicant and the ability of the applicant
or the person represented by the applicant to properly conduct a precious
metal exchange or deal with the buying and selling of precious metals
and/or gems.
(7)Â
A description of the nature of the business the applicant or the
person represented by the applicant intends to conduct.
(8)Â
The name and address of the owner of the premises on which the applicant
or the person represented by the applicant intends to operate a precious
metal exchange or intends to deal in the purchase and sale of precious
metals and/or gems.
(9)Â
A description of the right of occupancy of the applicant or the person
represented by the applicant to the use of said premises.
(10)Â
Two photographs of the applicant taken not more than 30 days prior
to the filing of the application showing the head and shoulders of
the applicant in a clear and distinguishing manner.
(11)Â
If the applicant shall be a corporation, proof of authority to do
business within New York State.
C.Â
An application fee of $50 shall accompany each license application.
[Amended 12-7-1992 by L.L. No. 3-1992]
A.Â
Upon the filing of the application, fee and endorsement as provided
in the preceding section, the City Clerk shall, on approval of the
application by the Chief of Police of the City of Ogdensburg, issue
to the applicant a license as provided in this section.
B.Â
Each license shall be issued as of July 1 of each and every year
and shall be valid to and including June 30 of the next succeeding
year unless said license is suspended or revoked.
C.Â
No license shall be granted pursuant to this chapter to any person
or dealer:
(1)Â
Who has been convicted of a felony or misdemeanor within the 10 years
preceding the date of the application.
(2)Â
Who has been found by any court of the State of New York to have
practiced a civil fraud, deceit or misrepresentation in the conduct
of a business or business transaction.
(3)Â
Whose license under this chapter has been previously revoked.
(4)Â
Whose license has been suspended pursuant to this chapter when the
period of suspension has not expired at the time of the application
for the license.
D.Â
Notwithstanding any provision of this chapter to the contrary, the
Chief of Police, in his discretion and after hearing thereon, may
grant a license as provided herein to an applicant who has been convicted
of a crime or who has been found by a court to have practiced a civil
fraud, deceit or misrepresentation in the conduct of a business or
business transaction upon a finding of the Chief of Police that said
applicant or the person represented by said applicant is of good moral
character and has demonstrated reliability and trustworthiness in
finance and commercial transactions and would not compromise or jeopardize
the public in the operation of a precious metal exchange or in the
buying or selling of precious metals and/or gems.
A.Â
The licensee shall display the license obtained pursuant to this
chapter in a conspicuous place within the establishment or premises
maintained by the licensee for the operation of a precious metal exchange
or for the buying and selling of precious metals and/or gems.
B.Â
The Clerk shall issue duplicate licenses for use by the licensee
in the event that the licensee maintains more than one premise for
business within the City of Ogdensburg.
C.Â
The licensee shall immediately notify the City Clerk of the City
of Ogdensburg of any change of address.
D.Â
No license issued pursuant to this chapter shall be transferred or
assigned to or used by any person other than the licensee to whom
it was issued, his agents, employees or duly authorized representatives.
E.Â
Licenses may be renewed on July 1 of each year on payment of the
required fee and the filing of a renewal application with the City
Clerk of the City of Ogdensburg. Said renewal application shall certify
that the information contained within the original application has
not been modified or changed except as provided within the renewal
application.
F.Â
Whenever a license shall be lost or destroyed on the part of the
holder or his agent or employee, a duplicate in lieu thereof under
the original application may be issued by the City Clerk upon the
filing by the licensee of an affidavit setting forth the circumstances
of the loss and what, if any, search has been made for its recovery.
A.Â
Display of purchase method.
(1)Â
A licensee must prominently display a sign which will notify customers
that their purchases and sales are made by weight or not by weight.
(2)Â
If purchases or sales are made by weight, the establishment must
have scales which are approved, tested and sealed by the Sealer of
Weights and Measures of Saint Lawrence County. All sales must be by
pennyweight. If the establishment purchases a precious metal or gem
by weight, the seller must be told the weight (in pennyweight), and
the price per pennyweight. In addition, if the establishment purchases
precious metals or gems by weight, the establishment must post the
current price paid for pennyweight, based on purity.
(3)Â
If a precious metal exchange establishment does not utilize a scale,
it must display a sign stating that precious metals and/or gems are
not purchased by weight.
(4)Â
All signs and notices required by this section shall be conspicuously
posted and readily visible by customers. The numerals and letters
contained within the required signs and notices must be at least four
inches in height.
(5)Â
Nothing in this section shall prohibit any establishment which purchases
by weight from purchasing an object for more than its value based
upon its weight.
B.Â
Records required.
(1)Â
Each licensee shall keep records, legibly written in English, within
a bound volume. All entries shall be made in ink at the time of each
transaction and shall be serially numbered and shall include:
(a)Â
An accurate account and description of the object purchased
or sold, which description shall include but shall not be limited
to the weight of the object (if applicable), the purity of the precious
metal, any monogram, numbers, inscription or other marks of identification
which may appear on such article.
(b)Â
The amount paid or received on the purchase or sale of the object.
(c)Â
The date of the transaction.
(d)Â
The name, legal address, date of birth, sex and description
as near as possible of the person purchasing or selling the items.
(e)Â
The nature of identification, if any, produced by the person
purchasing or selling the article.
(2)Â
No alteration or erasures are to be made in the record book of the
licensee. Erroneous entries are to have a simple line drawn through
them with the corrected entry made on the next line.
(3)Â
The records shall be retained in possession of the licensee in a
good condition and orderly fashion for six years.
(4)Â
Each licensee shall issue a written receipt to any purchaser or seller.
Each written receipt shall contain the serial number of the transaction
and shall contain all information required to be posted in the records
of the licensee. The licensee shall retain a copy of the written receipt
issued to the customer, purchaser or seller.
C.Â
Inspection of records. All records and books required to be kept
pursuant to this section shall be, at all reasonable times, during
regular business hours, open for inspection by the Chief of Police
or any officer of the Ogdensburg Police Department.
D.Â
Reporting requirements. Each licensee shall be required to submit
reports of all transactions to the Chief of Police of the City of
Ogdensburg. Said reports shall be made by the 15th day of each calendar
month and shall include information relating to all transactions of
the preceding month. Said reports shall be made on report forms available
at the office of the City Clerk of the City of Ogdensburg or at the
Police Department of the City of Ogdensburg.
A.Â
No precious metals and/or gems shall be purchased or sold by any
person, dealer or precious metal exchange from:
(1)Â
A person who appears intoxicated.
(2)Â
A person under the age of 18 unless on the written consent of his
or her parent or legal guardian. Said written consent shall be retained
with the record of the transaction.
(3)Â
A person who is unable to produce proper personal identification.
Proper personal identification shall be identification that contains,
in addition to a person's name and address, a photograph or physical
description of said person.
B.Â
No licensee shall dispose of, alter, melt or refine any precious
metal, gem or coin except on 10 days' notice to the Chief of
Police of the City of Ogdensburg of the acquisition of said precious
metal, gem or coin. However, notification to the Chief of Police shall
be waived on proof that said precious metals, gems or coins were purchased
from a person licensed pursuant to this chapter and held by said licensee
for the required ten-day period. After notification to the Chief of
Police of the acquisition of purchase of said precious metals, gems
or coins, the same shall be made available for inspection by the Chief
of Police or any officer duly authorized by him.
No license shall be required of:
A.Â
Any bank, financial institution, trust company, savings or loan federation
or thrift institution doing business pursuant to state or federal
banking laws.
B.Â
Precious metal, gems or coin dealers or precious metals exchange
who transact business only with other precious metals, gems or coin
dealers or wholesale exchange.
C.Â
Persons who own or operate jewelry stores wholly for the purpose
of engaging in the business of purchasing and selling jewelry for
apparel purposes or artistic or aesthetic content.
D.Â
Persons who own or operate coin dealerships for the purpose of purchase,
sale and disposal of coins for their numismatic value, who transact
business only with other coin dealers or wholesale exchanges.
[Amended 3-14-1983 by Ord. No. 1-1983]
A.Â
Any person who shall violate any provision of this chapter shall
be guilty of a violation and, upon conviction of such, shall be punished
by a fine of not more than $250 or imprisonment for not more than
15 days, or by both such fine and imprisonment.
B.Â
In addition to such fine and/or imprisonment, a licensee who is convicted
of a violation of any of the provisions of this chapter may have his
license suspended for a period not to exceed one year or may have
his license revoked for a period not to exceed five years.