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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)
A. Every precious metal purchaser shall, upon request, make a daily report available to the chief of police or an authorized officer of all purchases and sales on the day following such transactions.
B. In addition to the registration and other requirements established by any applicable state law, a precious metal purchaser shall, upon request by the Ogden City police department, make digital photographs available of all items sold to such purchaser of sufficient detail and clarity to enable the items to be easily identified as to their color, size, and unique characteristics. The photographs shall be produced in a format and shall be accompanied by such additional information as determined necessary by the Ogden City police department.
C. It is unlawful for any precious metal purchaser to fail to comply with the requirements of Utah Code Annotated title 13, chapter 32a and section 76-6-408, or their successor provisions.
(Ord. 2012-6, 1-24-2012)
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