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JUNK DEALER: Any person engaged in buying old metals, glass, rags, paper or other junk for the purpose of reselling in substantially the same form is declared to be a "junk dealer".
SECONDHAND DEALER: Any person who keeps a store, office or place of business for the purchase or sale of secondhand clothing or garments of any kind, or secondhand goods, wares, musical instruments, curiosities, or other merchandise, except books, stamps and coins, or who engages in the business of dealing in secondhand goods, is declared to be a "secondhand dealer". Persons whose principal business is the sale of new musical instruments, new appliances or new furniture and who acquire such secondhand items only as trade ins incidental to their principal business are not secondhand dealers.
(1979 Code § 5.52.010)
A. Secondhand Dealer:
1. It is unlawful for any secondhand dealer to fail to keep a substantial and well bound book in which he shall enter at the time of purchase, in the English language:
a. A true and accurate description of every article purchased by him;
b. An accurate description of the vendor, to include: name, age, address, height, weight and color of hair and eyes;
c. The amount paid;
d. The date and hour of purchase.
2. All entries shall be made with ink in a legible manner, and no erasures shall be submitted therein. All records of secondhand dealers shall be open to the inspection of any peace officer or other "authorized officer" as defined in section 5-1A-1 of this title at any time.
B. Junk Dealers:
1. It is unlawful for any junk dealer to fail to keep a permanent record in which he shall enter at the time of purchase, in the English language:
a. A true and accurate listing of the weight and metallic description of metal purchased by him. If the purchase involves other material, then a description by weight and description by class of the purchased material, e.g., glass or paper;
b. An accurate description of the vendor, to include name, age, address, height, weight, color of hair and eyes;
c. The amount paid;
d. The date and hour of purchase.
2. All entries shall be made with ink in a legible manner, and no erasures shall be permitted therein. All records of junk dealers shall be open to the inspection of any peace officer or other authorized officer during business hours.
(Ord. 2011-51, 10-25-2011)
A. Secondhand Dealer: Every secondhand dealer shall make a daily record available to the chief of police of all articles received, sold or pledged, on the day following such transactions.
B. Junk Dealer: Every junk dealer shall make a daily report available to the chief of police of all purchases and sales on the day following such transactions.
(1979 Code §§ 5.52.040, 5.52.050)
A. Time Limit For Sale Of Secondhand Goods: It is unlawful for any person or persons engaged in conducting a secondhand business in the city to sell or otherwise dispose of any jewelry, boots and shoes, or any wearing apparel of any kind, or secondhand goods, wares, musical instruments, curiosities or other merchandise, the purchase of which must be reported under this chapter, for a period of at least two (2) weeks after the same have been purchased, without the written consent or permission of the chief of police.
B. Dealing With Minors: It is unlawful for any secondhand or junk dealer by himself, his agent or servant to purchase or receive any personal property of or from any minor under the age of eighteen (18) years without the written consent of his guardians or parents.
(1979 Code §§ 5.52.060, 5.52.070)
As used in this article, the following terms mean:
COIN: A piece of currency, usually metallic and usually in the shape of a disc that is:
A. Stamped metal, and issued by a government as monetary currency; or
B. Is worth more than its current value as currency and is also worth more than its metal content value.
COIN DEALER: Any person whose sole business activity is the selling and purchasing of coins and commercial grade precious metals.
COMMERCIAL GRADE PRECIOUS METALS: Ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include:
A. .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals; or
B. .925 fine sterling silver ingots, art bars, and medallions.
PRECIOUS METAL PURCHASER: Any person engaged in purchasing precious metals, including scrap jewelry, from the general public, whether or not the metal is part of a finished product or in pure form; except that a precious metal purchaser may not purchase coins or commercial grade precious metals. Pawnbrokers and persons whose principal business includes the sale of the same types of forms of precious metal that the person buys, such as jewelers or coin dealers, are not precious metal purchasers.
SCRAP JEWELRY: Any item purchased primarily for its gold, silver, or platinum content and for the purpose of reuse or resale of the metal content.
(Ord. 2012-6, 1-24-2012)
A. Each application for a license shall be made on the form Ogden City requires, and the applicant shall certify that the information given is true and correct under the penalties of law.
B. Each application for a license under this article shall contain such information as deemed necessary by the chief of police and the business license coordinator of Ogden City.
C. All applicants for a precious metal purchaser license, and any owner or manager of such business, shall submit a criminal history background report at the time of initial business license application. The applicant shall also obtain and keep a copy of a criminal history background report for each employee available for inspection upon request by an authorized officer.
D. An applicant for a precious metal purchaser license shall not be issued a license until such time as the Ogden City police department has reviewed the application, has conducted any background investigation it deems necessary, and recommended favorable consideration of the application. No such applicant shall be authorized to conduct any business until the application has been approved by the Ogden City police department and the applicant has complied with all other licensing and bonding provisions contained in this title.
E. Ogden City may refuse to grant a license under this title and may suspend, revoke or refuse to renew the license of any applicant or licensee if it finds:
1. The applicant or licensee has violated or is attempting to violate any provisions of this article, city ordinances or state law pertaining to such business;
2. A similar license issued to the applicant or licensee or owner of the business, has been suspended, revoked or refused in another jurisdiction for a reason which would justify such action under this section;
3. Any officer, manager, agent or employee of the applicant or licensee has violated or is attempting to violate any provisions of this article, city ordinance or state law pertaining to such business unless the applicant or licensee establishes that it: had no knowledge of the wrongful conduct and in the exercise of reasonable diligence could not have known of the conduct; and was unable to prevent the violation or attempted violation with the exercise of reasonable diligence; or
4. The applicant, licensee, owner, or an employee or agent of the licensee has been convicted of any felony or, within the past five (5) years, of a misdemeanor for attempted burglary, any class of theft or attempted theft, receiving stolen property or attempting to receive stolen property, or attempted forgery.
(Ord. 2012-6, 1-24-2012)
A. Each precious metal purchaser shall keep a permanent record, capable of being reproduced or generated upon request by an authorized officer, in which shall be recorded for each purchase, the following:
1. A complete description of the property purchased, including weight of the article or articles, metallic content, and the fineness or purity of each type of precious metal purchased;
2. The full name, residence address, contact phone number, e-mail address and date of birth of the person or persons selling the precious metal;
3. The price per ounce and the amount paid for each type of precious metal purchased;
4. The date and time of the purchase;
5. The type and identifying number of positive identification provided pursuant to subsection B3 of this section, and notations of discrepancies if the person's physical description, including gender, height, weight, race, age, hair color, and eye color, does not correspond with the identification provided by the person;
6. A color photograph of the seller together with a copy of the identification provided in subsection B3 of this section;
7. An accurate description of the article or articles purchased, including available identifying marks, such as: names, brand names, numbers, serial numbers, model numbers, color, manufacturers' names, and size; metallic composition and any jewels, stones, or glass; and any other marks of identification or indicia of ownership on the article; and
8. A digital photograph in a format and with sufficient detail and clarity of all items sold to such purchaser to enable the items to be easily identified as to their color, size, and unique characteristics.
B. Each precious metal purchaser, or the agent, employee, or representative of a precious metal purchaser shall require the seller to provide:
1. A signature on a certificate in writing that the seller has the legal rights to sell the property;
2. A legible fingerprint of the seller's right thumb, or if the right thumb cannot be fingerprinted, a legible fingerprint with a written notation identifying the fingerprint and the reason why the thumbprint was unavailable, at the bottom of the certificate next to the seller's signature; and
3. At least one currently valid form of positive picture identification that appears to be the person selling the item.
C. No entry in the permanent record may be erased, deleted, mutilated, or changed.
D. All records of precious metal purchasers shall be maintained for at least three (3) years from the date of transaction and shall be open to the inspection of an authorized officer at any time.
(Ord. 2012-6, 1-24-2012)
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