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§ 123.24 LOUISVILLE METRO POLICE DEPARTMENT POWERS TO EXAMINE AND OBTAIN DATA OF PURCHASES.
   (A)   Any Law Enforcement Agency may examine during regular business hours the inventory or transaction records required under this chapter of any secondhand dealer or his or her clerk, if law enforcement deems it necessary when in search of stolen property or to verify compliance with this chapter. Any person who has in his or her possession a receipt from selling regulated property or restricted metals to a secondhand dealer shall allow a Law Enforcement Agency to examine items purporting to be sold by that receipt. No property shall be removed from the possession of any secondhand dealer without due process of law as required by the existing laws of the Commonwealth of Kentucky, or the laws and ordinances of the Louisville/Jefferson County Metro Government.
   (B)   If a Law Enforcement Agency has probable cause to believe that an item in the possession of a secondhand dealer who is carrying on any business as set forth in § 123.21 has been stolen and a Law Enforcement Agency provides notification to refrain from selling the item, the item shall not be sold, modified, altered, destroyed, or removed from the premises. The order to hold shall expire 90 days after receipt of a verbal notification through a phone call or by electronic email notification from any Law Enforcement Agency unless extended by agreement or modified by an order from the court.
   (C)   The Louisville Metro Police Department shall implement and maintain an on-line reporting database system to which any secondhand dealer is required to report the purchases of regulated property and restricted metals as set forth in § 123.22. Information reported will be recognized as confidential or proprietary information for the purpose of investigating and prosecuting theft and/or other violations of the law.
(Lou. Metro Ord. No. 192-2007, approved 10-1-2007, effective 1-29-2008; Lou. Metro Am. Ord. No. 27-2012, approved 2-10-2012; Lou. Metro Am. Ord. No. 132-2012, approved 8-1-2012; Lou. Metro Am. Ord. No. 138-2019, approved 9-24- 2019; Lou. Metro Am. Ord. No. 69- 2021, approved 5-27-2021) Penalty, see § 115.999
§ 123.25 REGULATED PROPERTY SALE LIMITATIONS.
   Gold, silver, precious metals, regulated property and/or restricted metals purchased by a secondhand dealer, shall not be sold, modified, altered or destroyed for a period of 12 calendar days after the date of purchase. The property purchased must be kept in its original form, not commingled, along with a copy of the transaction record, as set forth in § 123.22, on the premises of the business location during the holding period for purposes of inspection, if necessary, as provided by this subchapter. This section shall not apply to ferrous or nonferrous metals that are intended for scrap or recycling and are not defined as restricted metals.
(Lou. Metro Ord. No. 192-2007, approved 10-1-2007, effective 1-29-2008; Lou. Metro Am. Ord. No. 27-2012, approved 2-10-2012; Lou. Metro Am. Ord. No. 132-2012, approved 8-1-2012; Lou. Metro Am. Ord. No. 198-2015, approved 11-24-2015, effective 1-23-2016; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021) Penalty, see § 115.999
SECONDARY METALS RECYCLERS
§ 123.31 COMPLIANCE REQUIRED.
   Every secondary metals recycler engaged in, conducting or carrying on any business in Louisville Metro wherein he or she regularly purchases, in the course of his or her business, regulated property and/or restricted metals from another person shall comply with all the provisions of §§ 123.31 - 123.37; these sections shall not apply to pawnbrokers nor to secondhand dealers.
(Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021)
§ 123.32 TRANSACTION RECORD OF PURCHASES.
   (A)   Every secondary metals recycler carrying on any business as set forth in § 123.31 shall keep a transaction record, in plain, legible printed English text, for each purchase of regulated property and/or restricted metals, with the following information downloaded by 11:00 a.m. the following day to be reported to an online internet-based transaction recording service accessible to law enforcement:
      (1)   Information on the regulated property and/or restricted metals purchased:
         (a)   The date when the property was received and bought;
         (b)   The purchase price;
         (c)   A digital photograph of the property.
            1.   If being sold on a large outdoor scale then it shall be taken by an overhead camera at the scale and a digital photograph of the license plate from the vehicle that is selling the property at the scale shall also be taken;
            2.   If being sold on an indoor scale then it shall be taken by an overhead camera and an individual picture shall be taken of each type of ferrous or nonferrous metal being purchased;
         (d)   A description of the property that is as accurate as practicable in the usage of the trade, to include a brief description of the ferrous or nonferrous type of metal being purchased;
      (2)   Information on the seller of the regulated property and/or restricted metals purchased:
         (a)   A digital copy of the seller's state or federally issued photo identification;
         (b)   If not available from the aforementioned photo identification card, the following personal information from the seller must be supplemented:
            1.   Full Name;
            2.   Signature;
            3.   Physical and mailing address (to include city, state, and zip code);
            4.   Telephone number;
            5.   Date of birth;
            6.   Gender;
            7.   Race;
            8.   Hair color; and
            9.   Eye color;
         (c)   A digital thumbprint. The digital thumbprint should be made from the right hand unless the right hand is unavailable in which case the left hand thumb should be provided;
      (3)   Information on the purchaser of the regulated property and/or restricted metals, including the purchaser's name, and business, if applicable.
   (B)   Every secondary metals recycler carrying on any business as set forth in § 123.31 in Louisville Metro shall by 11:00 a.m. the next business day furnish to the Louisville Metro Police Department a true and correct written report of all regulated property and/or restricted metals received by him or her by purchase, from the preceding business day. The report shall describe the goods as accurately as practicable in the usage of the trade. The report shall include who actually made the purchase, the name of the person or persons, his or her address, city, state and zip code, his or her sex, race, hair color, eye color, and his or her date of birth. The report shall contain a digital copy of the government-issued photo identification and a digital photo of the seller at the time of the transaction. The report shall be transmitted electronically in a format designated by the Louisville Metro Police Department.
   (C)   It shall be the duty of the Louisville Metro Police Department during regular business hours to examine and inspect transaction records, and if sufficient information cannot be gained from an inspection of transaction records, it shall be the duty of any person to permit and allow the officer to examine any and all regulated property and/or restricted metals mentioned herein belonging to or purchased by such person. A transaction record and digital photograph for a purchase of all regulated property and/or restricted metals shall be maintained together on the premises for at least one year after the date of such purchase. The digital photo must accurately depict the regulated property and/or restricted metals purchased in accordance with § 123.32(A)(1)(c).
   (D)   Every secondary metals recycler shall give a plain written or printed receipt of the regulated property or restricted metals purchased.
(Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021)
§ 123.33 TRANSACTING BUSINESS WITH MINORS.
   No secondary metals recycler shall at any time or under any circumstances purchase from a minor any regulated property and/or restricted metals.
(Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021)
§ 123.34 LOUISVILLE METRO POLICE DEPARTMENT POWERS TO EXAMINE AND OBTAIN DATA OF PURCHASES.
   (A)   Any Law Enforcement Agency may examine during regular business hours the inventory or transaction records required under this chapter of any secondary metals recycler or his or her clerk, if law enforcement deems it necessary when in search of stolen property or to verify compliance with this chapter. Any person who has in his or her possession a receipt from selling regulated property or restricted metals to a secondary metals recycler shall allow a Law Enforcement Agency to examine items purporting to be sold by that receipt. No property shall be removed from the possession of any secondary metals recycler without due process of law as required by the existing laws of the Commonwealth of Kentucky, or the laws and ordinances of the Louisville/Jefferson County Metro Government.
   (B)   If a Law Enforcement Agency has probable cause to believe that an item in the possession of a secondary metals recycler as defined in § 123.01, who is carrying on any business as set forth in § 123.31 has been stolen and a Law Enforcement Agency provides notification to refrain from selling the item, the item shall not be sold, modified, altered, destroyed, or removed from the premises. The order to hold shall expire seven days after receipt of a verbal notification through a phone call or by electronic email notification from any Law Enforcement Agency unless extended by agreement or modified by an order from the court.
   (C)   The Louisville Metro Police Department shall implement and maintain an on-line reporting database system to which secondary metals recyclers are required to report the purchases of regulated property and restricted metals as set forth in § 123.32. Information reported will be recognized as confidential or proprietary information for the purpose of investigating and prosecuting theft and/or other violations of the law.
(Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021)
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