[R.O. 2009 §117.01; CC 1981 §16-241; Ord. No. 81-21, 3-25-1981]
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
- Any person, firm, proprietorship, partnership, corporation or other entity who shall engage at any location in the City in the business of the purchase of precious metals and gems. 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.
- DEALER, ESTABLISHED
- Any dealer who has been continuous in conducting his/her business at the same permanent business address for a period of not less than sixty (60) calendar days and for not less than five (5) days in any calendar week prior to applying for a license required by this Chapter.
- DEALER, ITINERANT
- Any dealer who is not an established dealer. Any employee or agent who conducts any activities regulated herein on behalf of his/her employer or principal and any partner or principal of any entity engaged in activities regulated herein shall also be considered an itinerant dealer.
- Any item containing or having as part of its composition any precious or semi-precious stones customarily used in jewelry or ornamentation.
- PRECIOUS METALS
- Silver, gold or platinum, in either coin, bullion or other form, and such other precious metals as the commissioner may specify by rule or order.
- The obtaining by payment of money or its equivalent. It shall not mean or include purchases made directly from manufacturers or wholesalers of precious metals or gems.
[R.O. 2009 §117.02; CC 1981 §16-242; Ord. No. 81-21, 3-25-1981; Ord. No. 84-2, 1-18-1984; Ord. No. 10-108 §1, 5-20-2010]
No dealer shall purchase precious metals or gems without first making application for and obtaining a business license. Possession of a permit/business license issued in another locality shall not relieve a dealer of the obligation to obtain a license from the City.
A business license shall be issued to any established dealer as defined or to any person seeking to become an established dealer:
Good character shall be considered proven, if neither the dealer nor any of its principals, agents or employees have been convicted of any crime involving moral turpitude within the last ten (10) years if the crime was a felony and within the last five (5) years if the crime was a misdemeanor. The burden shall be upon the dealer to prove good character. An applicant shall submit a Request for Record Check with the Missouri State Highway Patrol.
Licenses shall be issued to established dealers for a fee of ten dollars ($10.00) for the first (1st) year. Licenses issued to established dealers shall be valid for the year, nature of business and location designated in the application. Established dealers who change their address or the nature of their business shall apply for such license location change and pay a fee of ten dollars ($10.00).
Persons who are established dealers shall pay a fee of ten dollars ($10.00) per year for each year after the first (1st) year.
Licenses shall be issued to itinerant dealers only for the period specified in the application. Such period is not to exceed sixty (60) days. Itinerant dealers must obtain a separate license for each period or operation and each location in the City. A fee of five hundred dollars ($500.00) per license shall be assessed. Each itinerant dealer must specify on the application the identity of all corporations, firms or businesses with which they are affiliated and their authorized agents.
Any license issued hereunder shall at all times be kept exposed by the licensee at his/her business premises and shall, at all times, be readily visible and displayed in such a manner as to be easily inspected by any person desiring to do so.
Licenses are not transferable or portable.
[R.O. 2009 §117.03; CC 1981 §16-243; Ord. No. 81-21, 3-25-1981]
Any false statement made on the business license application form, as required by Section 630.020, invalidates the license in total and shall be punished as a violation of Section 100.150.
[R.O. 2009 §117.04; CC 1981 §16-244; Ord. No. 81-21, 3-25-1981; Ord. No. 95-121, 5-4-1995]
Licensees shall record, on forms provided by the Finance Director, the name, address, Social Security number and date of birth of sellers by requiring an identifying credential of the person selling or exchanging an article. If required by the dealer, the seller shall produce proof of ownership of any article.
[R.O. 2009 §117.05; CC 1981 §16-245; Ord. No. 81-21, 3-25-1981; Ord. No. 84-2, 1-18-1984; Ord. No. 95-121, 5-4-1995]
All dealers purchasing precious metals and gems shall keep daily records, on forms prescribed and furnished by the Finance Director, of every article purchased. The records shall contain a full description of such articles and shall show all distinguishing marks, numbers, brands, letters or monograms of any kind on such articles.
The records described in this Section shall be available for inspection at any reasonable time by the Chief of Police or his/her designated agent.
[R.O. 2009 §117.06; CC 1981 §16-246; Ord. No. 81-21, 3-25-1981; Ord. No. 84-2, 1-18-1984; Ord. No. 95-121, 5-4-1995]
All itinerant dealers shall furnish daily to the Chief of Police, upon forms to be prescribed and furnished by the Finance Director, full and complete lists of all articles purchased by such itinerant dealers within the twenty-four (24) hour period following the time of transaction. Such lists shall contain all data required by Section 630.050.
[R.O. 2009 §117.07; CC 1981 §16-247; Ord. No. 81-21, 3-25-1981; Ord. No. 84-2, 1-18-1984]
Itinerant dealers shall retain all precious metals or gems purchased for a minimum of ten (10) days from the date of purchase. During the period of time, no change, modification or disfigurement of any nature shall be made to any item containing precious metals or gems, nor shall any such item be concealed, removed from the corporate limits of the City or changed without the consent of the Chief of Police or his/her designated agent.
[R.O. 2009 §117.08; CC 1981 §16-248; Ord. No. 81-21, 3-25-1981]
No purchases shall be made from anyone under age eighteen (18). No dealer shall make a purchase from anyone when doubt of ownership exists. If doubt of ownership exists, the dealer shall have the responsibility to require proof of ownership.
[R.O. 2009 §117.09; CC 1981 §16-249; Ord. No. 81-21, 3-25-1981]
Every dealer shall admit to his/her place of business at any time the Chief of Police or his/her agent for the purpose of searching for and taking into possession any article known or believed to have been missing or stolen or for the purpose of inspection of those records required to be maintained under Section 630.050.
[R.O. 2009 §117.10; CC 1981 §16-250; Ord. No. 81-21, 3-25-1981]
In addition to all other requirements, all itinerant dealers shall be required to post a cash bond or bond with surety in a form acceptable to the City Attorney in the amount of five thousand dollars ($5,000.00) before a permit is issued. In lieu of a bond with surety, an irrevocable letter of credit in a form acceptable to the City Attorney may be provided. The letter of credit shall be from a bank authorized to do business in the City. The period of the bond or letter of credit shall extend for a period of sixty (60) days beyond the last day on which the dealer transacts any business regulated by this Chapter. The bond or letter of credit shall indemnify all persons who suffer any loss resulting from the failure of the dealer to abide by the provisions of this Chapter.
[R.O. 2009 §117.99; CC 1981 §16-251; Ord. No. 81-21, 3-25-1981]
Any person violating the provisions of this Chapter shall, upon conviction, in addition to having his/her license revoked, be punished as provided in Section 100.150. Each separate transaction and/or item shall be considered as a separate offense.