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ARTICLE C. PRECIOUS METAL PURCHASERS
SECTION:
5-12C-1: Definitions
5-12C-2: Application For License; Denial
5-12C-3: Records Maintained
5-12C-4: Daily Report
5-12C-5: Rules And Regulations
5-12C-1: DEFINITIONS:
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)
5-12C-2: APPLICATION FOR LICENSE; DENIAL:
   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)
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