(A) Except as otherwise provided herein, any person operating a secondhand entity within Fishers’ municipal boundaries shall maintain an electronic inventory-tracking system and transmit all information required by this section via computer to the LeadsOnline system (“LeadsOnline”).
(B) (1) For pawn dealers and secondhand dealers, the information maintained and transmitted to LeadsOnline shall include:
(a) The date and time of each transaction in which personal property is purchased pledged or received;
(b) An accurate and detailed description of any and all personal property purchased or acquired during the regular course of business, including but not limited to the following information:
1. Trademarks;
2. Identification numbers;
3. Serial numbers;
4. Model numbers;
5. Brand names;
6. Inscriptions; and
7. Other identifying marks;
(c) The compensation or amount of money exchanged for each such transaction;
(d) The full name, address, telephone number, date of birth, driver’s license number or state-issued identification card and digital photograph of the person from whom personal property is acquired;
(e) A digital photograph of any item not bearing a unique serial number and purchased or acquired for a sum or money or other compensation valued at $25 or more; and
(f) Any additional information that the Fishers Chief of Police may reasonably require to ensure compliance with the laws of the State of Indiana or Fishers’ ordinances (collectively, “identifying information”).
(2) The information required to be transmitted to LeadsOnline shall be transmitted within 48 hours of the date and time a purchase or transaction is consummated, except that for the sale of precious metals, the information must be transmitted daily to LeadsOnline.
(C) (1) (a) Recycling entities and secondhand metal dealers shall comply with IC 25-37.5-1-2 which provides that every valuable metal dealer in this state shall enter on forms provided by the State Police Department for each purchase of valuable metal the following information:
1. The name and address of the dealer.
2. The date and place of each purchase.
3. The name, address, age, and driver’s license number or social security number of the person or persons from whom the valuable metal was purchased.
4. The valuable metal dealer shall verify the identity of the person from whom the valuable metal was purchased by use of a government issued photographic identification. The dealer shall enter on the form the type of government issued photographic identification used to verify the identity of the person from whom the valuable metal was purchased, together with the:
A. Name of the government agency that issued the photographic identification; and
B. Identification number present on the government issued photographic identification.
5. The motor vehicle license number of the vehicle or conveyance on which the valuable metal was delivered to the dealer.
6. The price paid for the metal.
7. A description and weight of the valuable metal purchased.
8. The source of the valuable metal.
9. The photograph described in division (C)(2) below.
(b) After entering the information required in this division (C)(1), the valuable metal dealer shall require the person or persons from whom the valuable metal is purchased to sign the form and verify its accuracy.
(2) In addition to collecting the information described in division (C)(1), a valuable metal dealer shall take a photograph of:
(a) The person from whom the valuable metal is being purchased; and
(b) The valuable metal.
(3) A valuable metal dealer shall make and retain a copy of the government issued photographic identification described under division (C)(1)(a)4. used to verify the identity of the person from whom valuable metal was purchased and the photograph described in division (C)(2). However, a valuable metal dealer is not required to make a copy of a government issued photographic identification used under division (C)(1)(a)4. to verify the identity of the person from whom valuable metal is purchased if the valuable metal dealer has retained a copy of a person’s government issued photographic identification from a prior purchase from the person by the valuable metal dealer.
(4) The completed form, the photograph described in subsection division (C)(2), and the copy of the government issued photographic identification described in (C)(3) shall be kept in a separate book or register by the dealer and shall be retained for a period of two years. This book or register shall be made available for inspection by any law enforcement official at any time.
(D) Precious metal dealers shall comply with IC 24-4-19-15 by maintaining books, accounts, and records necessary to determine whether the precious metal dealer is complying with Indiana Law.
(1) A precious metal dealer shall:
(a) Preserve the books, accounts, and records for at least two years after making the final entry on any purchase recorded; and
(b) Keep the books and records so that the business of purchasing precious metal for resale may be readily separated and distinguished from any other business in which the precious metal dealer is engaged.
(2) If a precious metal dealer, in the conduct of the business, purchases precious metal from a seller, the purchase shall be evidenced by a bill of sale properly signed by the seller verifying the accuracy of the information in the bill of sale. All bills of sale must be in duplicate and must list the following separate items:
(a) The date of sale.
(b) The:
1. Name;
2. Address;
3. Date of birth; and
4. Driver’s license number or Social Security number of the seller from whom the precious metal was purchased.
(c) The amount of consideration paid for the precious metal.
(d) The:
1. Name of the precious metal dealer; and
2. Address of the permanent place of business where the purchase occurred.
(e) A description of each article of precious metal sold. However, if multiple articles of precious metal of a similar nature are delivered together in one transaction, the description of the articles is adequate if the description contains the quantity of the articles delivered and a physical description of the type of articles delivered, including any unique identifying marks, numbers, names, letters, or special features.
(f) The type of government issued photographic identification used to verify the identity of the seller under IC 24-4-19-14, together with the name of the governmental agency that issued the photographic identification and the identification number present on the government issued photographic identification.
(g) If a precious metal dealer purchases precious metal, the precious metal dealer shall retain as part of the books, accounts, and records kept by the precious metal dealer under this section:
1. The original copy of the bill of sale; and
2. The:
A. Copy of the seller’s government issued photographic identification; and
B. Photograph of the precious metal obtained by the precious metal dealer.
(3) The second copy of the bill of sale shall be delivered to the seller by the precious metal dealer at the time of sale.
(4) The heading on all bill of sale forms must be in boldface type.
(Am. Ord. 121613, passed 12-16-13)
Statutory reference:
For similar provision under state law, see IC 25-37.5-1-2.