This chapter does not apply to any of the following:
(a) Any purchase of an article that is made of or contains gold, silver, platinum or other precious metals or jewels of any description if both the buyer and seller, or the respective agents, brokers or other intermediaries of both the buyer and seller, deal in such articles or otherwise by their respective occupations, or by their respective avocations as collectors, speculators or investors and hold themselves out as having knowledge or skill peculiar to such articles or the practices involved in their purchase or sale;
(b) Licensees who obtain licenses under Ohio R.C. 1321.01 to 1321.19;
(c) National banks, State banks, or building and loan associations;
(d) The holder of a salvage motor vehicle dealer's license under Ohio R.C. Chapter 4738 who purchases or sells precious metal which, in its original form, is a motor vehicle component part, or a scrap metal processor subject to Ohio R.C. Chapter 4737;
(e) Any purchase of silverware or an article of jewelry made of or containing gold, silver, platinum or other precious metals or jewels which is made by a person who complies with all of the following:
(1) He or she is engaged in the business of selling, at retail, articles of jewelry, precious or rare coins, hallmark bars, registered ingots or other numismatic objects to the public;
(2) He or she holds a valid vendor's license issued under Ohio R.C. 5739.17;
(3) He or she maintains a fixed place of business in the State at which he or she regularly exhibits articles of jewelry, coins, hallmark bars, registered ingots and other numismatic objects that are for sale at retail;
(4) He or she establishes, to the satisfaction of the Chief of Police, upon the Chiers request, that his or her purchases of silverware and articles of jewelry that are made of or contain gold, silver, platinum or other precious metals or jewels are incidental to his or her primary business, as described in paragraph (e)(1) hereof. Such purchases are "incidental" if:
A. In the case of a person who has been in business for less than one year, the average monthly value of his or her inventory of articles of jewelry held for sale at retail to the public, as computed under Ohio R.C. 5711.15, exceeds the total value of his or her purchases from the public of silverware and articles of jewelry made of or containing gold, silver, platinum or other precious metals or jewels during any thirty consecutive days that he or she has been in business.
B. In the case of a person who has been in business for at least one year, the total value of his or her retail sales of articles of jewelry to the public during the immediately preceding year exceeds the total value of his or her purchases of such articles from the public during that same year.
(0 Any purchase of coins, hallmark bars, registered ingots and other items as numismatic objects, and not for their content of precious metals or jewels, so long as the purchased item is not altered, in any fashion, for resale or trade by the purchaser; or
(g) Any purchase made under the supervision of a probate court from the estate of a decedent as provided under Ohio R.C. 2113.40.
(Ord. 1986-116. Passed 1-7-87.)