For the purposes of this chapter, the following
words shall have the meanings ascribed to them by this section:
COIN
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, and having a certain
fixed value as money.
DEALER
Any person, firm, partnership or corporation engaged at any
location in the County not located within the corporate limits of
the Town of Front Royal in the business of the following: (i) purchasing
precious metals or gems; (ii) removing in any manner precious metals
or gems from manufactured articles not then owned by the person, firm,
partnership or corporation; or (iii) buying, acquiring or selling
precious metals or gems removed from manufactured articles; provided,
however, that the definition of “dealer” shall not include
persons engaged in the following: (i) purchases directly from other
dealers, manufacturers or wholesalers of precious metals or gems for
their inventories; (ii) purchases of precious metals or gems from
a qualified fiduciary who is disposing of the assets of an estate
being administered by the fiduciary; (iii) acceptance by a retail
merchant of trade-in merchandise previously sold by the retail merchant
to the person presenting that merchandise for trade-in; (iv) repairing,
restoring or designing jewelry by a retail merchant, if such activities
are within his normal course of business; (v) 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; (vi) 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. "Dealer" shall include merchants whose
business is itinerant in the County. As used herein, "dealer" includes
employers and principals on whose behalf the purchase was made and
all employees and agents who personally make such purchases. When
any act is required of a corporation, it shall be performed by its
president.
GEMS
Any item containing or having any precious or semiprecious
stones customarily used in jewelry or ornamentation.
PRECIOUS METALS
Any item, except coins, containing as part of its composition
in any degree gold, silver, platinum or pewter.
Beginning on February 3, 1981, 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 of this chapter. Possession of
a permit issued in another locality shall not relieve a dealer of
the obligation to obtain a permit from the Sheriff of the County.
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 seller
to verify the same by some form of identification issued by a governmental
agency, which identification must show as a part of it the picture
of the person so identified, and by at least one other corroborating
means of identification. The dealer shall also obtain a statement
of ownership from the seller.
The dealer shall retain all precious metals
or gems purchased for a minimum of 15 calendar days from the time
of filing the bill of sale of their purchase with the Sheriff. During
such period of time, no change shall be made to any item containing
precious metals or gems.
Prior to receiving his application, every dealer
shall enter a bond, to be secured by a corporate surety authorized
to do business in the Commonwealth of Virginia, to be payable to the
County in the penal sum of $10,000, conditioned upon due observance
of the terms of this chapter. A dealer may also cause to be issued
by a bank authorized to do business in the Commonwealth of Virginia
a letter of credit in favor of the County of Warren for $10,000. The
bond or letter of credit shall be held by the County Attorney’s
office.
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 or letter of credit.
Violation of any provision of this chapter shall
be a Class 1 misdemeanor and, upon conviction therefor, shall be punished
by a fine of not more than $2,500 or a jail term of not more than
12 months, or both.