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43-37-1.
As used in this chapter, the term:
(1) 'Dealer in precious metals or
gems' means:
(A) Any person engaged in the
business of purchasing precious metals or gems or goods made from
precious metals or gems from persons or sources other than
manufacturers, manufacturers´ representatives, or other dealers
in precious metals or gems; or
(B) A person engaged in any other
business if, in conjunction with such business, precious metals or
gems or goods made from precious metals or gems are purchased from
persons or sources other than manufacturers, manufacturers´
representatives, or other dealers in precious metals or gems where
such purchase is for resale in its original form or as changed by
remounting, melting, re-forming, remolding, or recasting or for
resale as scrap or in bulk.
(2) 'Gems' means any precious or
semiprecious stone which is cut and polished.
(3) 'Numismatic coins' means coins
whose value as collectors´ items exceeds the value of the content
of the precious metals in the coins.
(4) 'Person' means an individual,
partnership, corporation, joint venture, trust, association, or
any other legal entity however organized.
(5) 'Precious metals' means gold,
silver, or platinum or any alloy containing gold, silver, or
platinum.
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(a)(1) The law enforcement officer
designated to administer the provisions of this chapter and register
dealers in precious metals or gems in each county shall be the sheriff,
unless the county has a county police department, in which case it will be
the chief of the county police department.
(2) The law enforcement officer designated
to administer the provisions of this chapter and register dealers in
precious metals or gems in each municipality shall be the chief of police
of the municipality.
(b) No person shall engage in business as a
dealer in precious metals or gems until he has registered as a dealer in
precious metals or gems for each separate place of business. The
registration shall be in writing and shall be sworn to or affirmed by the
dealer in precious metals or gems. If the dealer´s place of business is
located within a municipality, the dealer shall register with the chief of
police of the municipality. If the dealer´s place of business is not
located within a municipality, the dealer shall register with the sheriff
of the county unless the county has a county police department, in which
event the dealer shall register with the county police department. As to
any registration with the chief of police of a municipality or a county
police department, a copy of each registration shall be transmitted by
such chief of police to the sheriff of the county within seven days of the
registration. The sheriff of the county shall maintain a record of all
registrations, which record shall be available for public inspection.
(c) The registration shall contain the name,
address, and age of the dealer together with the names, addresses, and
ages of all other persons having an ownership interest or actually
employed in the business other than publicly held corporations.
(d) No person shall be eligible to register
as a dealer in precious metals or gems if any employee or stockholder,
other than stockholders owning less than 10 percent of the outstanding
shares of a publicly held corporation, has been convicted of a felony
under the laws of this state or any other state or the United States. This
subsection shall not apply to any person who has been convicted of a
felony after ten years have expired from the date of completion of the
felony sentence.
(e) All registrations shall contain the
address of the premises upon which the business is conducted and the
zoning and planning classification of the premises.
(f) Each dealer shall be required to notify
the appropriate law enforcement officer of the county or the municipality
in which the dealer is registered within seven calendar days of any change
of address of the dealer or business or any change of ownership in the
business. As to any notification of the chief of police of a municipality
or a county police department, a copy of the change of address or
ownership in the business shall be transmitted to the sheriff of the
county within seven days of the notification.
(g) Each applicant for registration shall
possess a current business license in the county or municipality or shall
pay an initial registration fee of $25.00 to be retained by the county or
municipality to cover the cost of registering such persons. The
registration shall be renewed annually upon presentation of a current
business license by the dealer or by payment of a renewal fee of $10.00.
(h) Nothing in this Code section shall be
construed so as to authorize any person to transact business as a dealer
in precious metals and gems without purchasing a current business license
if so required by the county or municipality.
(a) Every dealer in precious metals or gems
shall maintain a book, in permanent form, in which shall be entered at the
time of each purchase of precious metals or gems or goods made from
precious metals or gems the following:
(1) The date and time of the purchase;
(2) The name of the person making the
purchase from the seller;
(3) The name, age, and address of the seller
of the items purchased and the distinctive number from such seller´s
driver´s license or other similar identification card containing a photo
of the seller;
(4) A clear and accurate identification and
description of the purchased goods, including the serial, model, or other
number, and all identifying marks inscribed thereon;
(5) The price paid for the goods purchased;
(6) The number of the check issued for the
purchase price, if payment is made by check; and
(7) The signature of the seller.
(b) The permanent record book required by
this Code section shall be in legible English. Entries shall appear in
chronological order. No blank lines may be left between entries. No
obliterations, alterations, or erasures may be made. Corrections shall be
made by drawing a line of ink through the entry without destroying its
legibility. The book shall be maintained for each purchase of precious
metals or gems or goods made from precious metals or gems for at least two
years. The book shall be open to the inspection of any duly authorized law
enforcement officer during the ordinary hours of business or at any
reasonable time.
(c) Dealers exclusively engaged in buying or
exchanging for merchandise scrap dental gold and silver from licensed
dentists by registered or certified mail or statutory overnight delivery
may record the post office record of the mailed parcel in lieu of the
seller´s age and driver´s license number as required in paragraph (3) of
subsection (a) of this Code section and in lieu of the seller´s signature
as required in paragraph (7) of subsection (a) of this Code section.
43-37-4.
(a) Every dealer in precious metals or gems
shall make a report in writing to the appropriate law enforcement officer
of the county or municipality in which he is registered, on forms approved
or prescribed by the appropriate law enforcement officer of the county or
the municipality, of all precious metals or gems or goods made from
precious metals or gems purchased on the day previous to the date of the
report. The report shall contain the information specified in paragraphs
(1) through (5) of subsection (a) of Code Section 43-37-3 and shall be
typewritten or handwritten in legible English and mailed or delivered to
the appropriate law enforcement officer of the county or the municipality
within 24 hours after the day on which the transactions occurred.
(b) All reports shall be maintained in a
locked container under the direct supervision of the appropriate law
enforcement officer of the county or municipality and shall be available
for inspection only for law enforcement purposes.
(c) The appropriate law enforcement officer
of the county or municipality may, in his discretion, authorize any person
who demonstrates theft of precious metals or gems by the presenting of an
incident report or other similar document to inspect the reports in an
effort to locate stolen property.
43-37-5.
No provision of this chapter shall be
construed as prohibiting or preventing a county or municipality from
licensing dealers in precious metals or gems or from establishing and
imposing additional requirements or qualifications on dealers in precious
metals or gems.
43-37-6.
(a) It shall be unlawful for any dealer in
precious metals or gems or any agent or employee of a dealer in precious
metals or gems who makes purchases of precious metals or gems or of goods
made from precious metals or gems to:
(1) Make any false statement in the
registration provided for in Code Section 43-37-2;
(2) Fail to maintain and make entries in the
permanent record book as required by Code Section 43-37-3;
(3) Make any false entry in such permanent
record book;
(4) Falsify, obliterate, destroy, or remove
from the place of business such permanent record book;
(5) Refuse to allow any duly authorized law
enforcement officer to inspect such permanent record book, or any precious
metals or gems or goods made from precious metals or gems in his possession,
during the ordinary hours of business or at any reasonable time;
(6) Sell, exchange, or remove from the legal
possession of the buyer, or to alter the form of, any precious metals or
gems or goods made from precious metals or gems purchased by remounting,
melting, cutting up, or otherwise altering the original form until at least
seven calendar days have elapsed from the time of purchase or acquisition;
(7) Fail to make the written report as
required in Code Section 43-37-4; or
(8) Purchase any precious metals or gems from
any person under 17 years of age.
(b) It shall be unlawful for any person to
advertise or transact business as a dealer in precious metals or gems
without first registering pursuant to Code Section 43-37-2.
(c) It shall be unlawful for any dealer in
precious metals or gems to purchase precious metals in a melted or smelted
state unless the purchase is from a registered dealer in precious metals or
gems.
(d) If the appropriate law enforcement officer
of the county or municipality has probable cause to believe that precious
metals or gems have been stolen, he may give notice in writing to the dealer
to retain the precious metals or gems for an additional 15 days; and it
shall be unlawful for the dealer to dispose of the property unless the
notice is revoked in writing within the 15 day period.
(e) Any person who violates this Code section
shall be guilty of a misdemeanor.
43-37-3.
(a) Every dealer in precious metals or gems
shall maintain a book, in permanent form, in which shall be entered at the
time of each purchase of precious metals or gems or goods made from precious
metals or gems the following:
(1) The date and time of the purchase;
(2) The name of the person making the purchase
from the seller;
(3) The name, age, and address of the seller of
the items purchased and the distinctive number from such seller´s driver´s
license or other similar identification card containing a photo of the seller;
(4) A clear and accurate identification and
description of the purchased goods, including the serial, model, or other
number, and all identifying marks inscribed thereon;
(5) The price paid for the goods purchased;
(6) The number of the check issued for the
purchase price, if payment is made by check; and
(7) The signature of the seller.
(b) The permanent record book required by this
Code section shall be in legible English. Entries shall appear in
chronological order. No blank lines may be left between entries. No
obliterations, alterations, or erasures may be made. Corrections shall be made
by drawing a line of ink through the entry without destroying its legibility.
The book shall be maintained for each purchase of precious metals or gems or
goods made from precious metals or gems for at least two years. The book shall
be open to the inspection of any duly authorized law enforcement officer
during the ordinary hours of business or at any reasonable time.
(c) Dealers exclusively engaged in buying or
exchanging for merchandise scrap dental gold and silver from licensed dentists
by registered or certified mail or statutory overnight delivery may record the
post office record of the mailed parcel in lieu of the seller´s age and
driver´s license number as required in paragraph (3) of subsection (a) of
this Code section and in lieu of the seller´s signature as required in
paragraph (7) of subsection (a) of this Code section.
