397 Precious Metal Dealer
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ORDINANCE NO. 397
AN ORDINANCE AMENDING TITLE 3, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN, ENTITLED BUSINESS REGULATIONS, BY THE ADOPTION OF A NEW CHAPTER 19 TO SAID
TITLE 3, REGULATING PRECIOUS METAL DEALERS, PROVIDING DEFINITIONS SPECIFYING EXEMPTIONS
REQUIRING A LICENSE, REQUIRING RECORDS OF TRANSACTIONS, REQUIRING'THAT ARTICLES PURCHASED
BE KEPT FOR TEN DAYS, ESTABLISIHING VIOLATIONS AND PENALTIES, and PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that
it is in the best interest of said City to amend TITLE 3, by adopting thereto a new
Chapter 19, to be entitled "Precious Metal Dealers",
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,
ADA COUNTY, IDAHO:
Section 1. That Title 3, Business Regulations, be and the same hereby is amended
by the adoption thereto of a new Chapter 19, to be entitled "Precious Metal Dealers",
said Chapter 19 to read as follows:
3- J901 :
3-1902:
3-1903:
3-1904:
3-1905:
3-1906:
3-1907:
3-1908:
3-1909:
3-1910:
3-1911 :
3-1901:
DEFINITIONS
APPLICATION
EXEMPTIONS
LICENSE REQUIRED
LICENSE FEE
RECORD OF TRANSACTIONS; - INSPECTIONS
GOODS TO BE RETAINED FOR TEN (10) DAYS
VIOLATIONS
APPEAL FROM DENIAL OF LICENSE
REVOCATION OR SUSPENSION OF LICENSE
PENAL TI ES
DEFINITIONS:
1. PRECIOUS METAL DEALER: Any person, firm, partnership, corpor-
ation, and any principal, employee, or agent thereof, regularly engaged in or con-
ducting business for the purchase, sale, trade or exchange of precious metals, used
jewelry, money, silverware, gems or semi-precious gems.
2. ITINERANT DEALER: Any precious metal dealer engaged in any tem-
porary or transient business conducted in-a shop, room, hotel room, motel room or
other premises rented for less than thirty (30) consecutive days or used on a tempor-
ary bas is.
3. ESTABLISHED DEALER: Any precious metal dealer conducting business
at a fixed location within the City of Meridian on a permanent basis. Permanent shall
mean 30 consecutive days of more.
4. PRECIOUS METAL: Gold, silver, platinum, or any combination thereof,
whether in manufactured, alloyed, or any other form.
5. USED JEWELRY: Previously owned articles of personal adornment,
including, but not limited to, watches, rings, pendants, chains, brooches and necklaces,
which are not purchased or sold as new and which are composed in whole or in part of
precious metals, and which may contain diamonds, sapphires, rubies, pearls, emeralds,
other precious gems or semi-precious gems.
6. MONEY: Items of numismatic value.
7. SILVERWARE: Silver or silver plated flatware, trays. goblets.
dishes. or serving pieces.
8. SEMI-PRECIOUS GEMS: Gems such as jade. tananite. tsavorite, garnets.
aquamarines. turquoise. -opalS, and other gems of lower value than those classified as
precious.
9. PRECIOUS GEMS: Gems such as diamonds sapphires. rubies, pearls
and emeralds.
3-1902: APPLICATION: This Chapter shall be applicable to the principals of
any entity performing any activity regulated by this Ch~pter and to
their agents and employees and to persons forming a partnership for the purpose of
engaging in any activity subject to regulation by this Chapter. Every dealer regu-
lated hereunder shall be liable for all the penalties provided herein for violation for
any provision of this Chapter. whether such violation be committed by himself or his
agent, clerk or employee.
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3-1903:
EXEMPTIONS: This Chapter shall not apply to:
(~) Licensed pawnbrokers;
(b) Any person who, solely as a hobby, collects coins or other money of
numismatic value or any other item specified in Section 3~190l and who
purchases, sells or exchanges such items in pursOit of that hobby;
(c) Persons or transactions associated with bona fide trade shows or
conventions where all transactions of purchase, sale or exchange are made
in connection with such trade ~hows or conventions and within the confines
of the trade show or convention site;
(d) The purchase or receipt of any item regualted by this chapter by one
precious metal dealer from another provided that th~ item, if origi~nlly
obtained from one other than a dealer, has been reglstered and retalned
for the ten-day period as required hereunder.
3-1904:
LICENSE REQUIRED:
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(A) It shall be unlawful for any person, firm, partnership or corporation to engage
in the business of a precious metal dealer unless a valid lincense therefor has been
issued as herein prOVided and said license is'in full force and effect.
(B) Application for such license shall be made tp the City Clerk in such form and
manner as he or she may prescribe. Such application shall include, but not necessar-
ily be limited to the following information:
1. The name and address of the applicant, and if a partnership, the names and
addresses of each partner, and if a corporation or association, the names and
addresses of the principal stockholders, and the name of the operating manager of
the business;
2. Whether the applicant is seeking a license to do business as anestabhshed
precious metal dealer or an itinerant precious metal dealer, and if an itinerant
dealer, the length of time for which the right to do business is desired;
3. Whether the applicant has had a similar license revoked'! by the City of
Meri di an or any other ci ty of thi:s State"or ,<!if.t:heUtIttled States' or any Stat~ 0f,the
United States~i~hin~the past five (5) years;
4. Whether the applicant has been convicted of any felony or misdemeanor, other
than minor traffic violations, the nature of the offense, and the date, and the
punishment or penalty assessed therefor.
(C) Upon receipt of an application for a license, the City Clerk shall cause an :
investigation to be made of the applicant or applicants. Such investigation shall be
completed within thirty (30) days; provided, however, that investigation of an appli-
cant by an itinerant precious metal dealer shall be completed within five (5)
working days.
(D) No person shall be issued a license to engag~ in the business of a precious metal
dealer when that person:
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Is under the age of eighteen (18) years;
Is not a bona fide owner of such business;
Has had a s imil ar 1 i cense revoked by thi s City or- a-flY other city of thi s State I
or of the Un ited Sta tes wi th in the fi ve (5) yea rs i mmed i ate-ly pr,eted i ng the
date of the filing of the application; ,
Has been convicted of any felony, or-has been convicted of any other crime,
whether felony or misdemeanor, involving moral turpitude within the five (5)
years immediately preceding the date of the filing of the application; or
Has misrepresented or made a false or fraudulent statement of material or
relevant facts contained in the application; or
Has engaged in a fraudulent transaction or enterprise.
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(E) An affirmative showing with respect to the qualifications herein specified shall
be required to be made with repect to each applicant and to each partner of a partnership
applicant and to each officer, director or member of the governing board of a corpor-
ation or association.
(F) Upon completion of the investigation, the City Clerk shall notify the applicant
whether his license request is approved and upon payment of the prescribed license fee
shall issue a license. Such license shall show the name and address of said licensee,
the amount of fee paid, the date of issuance and the date of expiratioR~
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(G) The City Clerk shall notify the applicant if his license request is disapproved,
the reasons therefor, and qdvise him of the appeal procedure.
(H) License shall not be transferable, either as to person or place. The license issued
hereunder shall be posted conspicuously in each place of business named therein.
3-1906:
RECORD OF TRANSACTIONS; INSPECTIONS:
(A) Every precious metal dealer shall keep at his place of business, or carry with
him while conducting business, a permanently bound book in which shall be legibly
recorded with ink in the English language at the time of any purchase, exchange or
receipt of an item for sale, the following information:
1. The date of the transaction;
2. The name of the person or employee conducting the transaction;
3. The name, age, sex, driver's license number, or social security number,
vehicle license plate number, and street address of the person with whom
the transaction is conducted.
4. The name and street address of the owner of the property;
5. A complete description of the property including, but not limited to, the
type of item, the brand name, the type and approximate weight of the precious
metals of which it is composed, the types of gems or stones in the item,
their points, weight and/or carats, if available, any letters or other
identifying marks inscribed thereon and such other information as may be nec-
essary to distinguish the item from others of similar character;
6. Signature of the person selling the property.
(B) The record r~quired to be maintained hereunder shall be retained for a period of
one (1) year after the date of the transaction.
(C) All records required by this Section shall be made available during ordinary busi-
ness hours for inspection by any law enforcement officer:
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(D) Every precious metal dealer having good cause to believe that any property in his
possession has been previously lost or stolen shall forthwith report such fact to the
Meridian City Police Department, together with the name of the owner if known, and the
date when and the name of the person from whom the property was received.
3-1907: GOODS TO BE RETAINED FOR TEN (10) DAYS: Except with respect to precious
metals acquired in the form of bulk or bullion, no precious metal dealer
shall sell, melt, change the form of or dispose of any article received by him, the pur-
chase, sale, or exchange of which is regulated by this Ch~pter, for a period of ten (10)
days after the receipt thereof. All such articles shall be retained in the possession
of the dealer during the ten-day period at the location specified in the license required
herein... All such articles shall remain subject to inspection by any law enforcement
officer daring normal business hours.
3-1908:
VIOLATIONS:
(A) It shall be unlawful for any precious metal dealer and any clerk, agent or
employee of a precious metal dealer to:
1. Acquire by purchase, trade, exchange or otherwise goods bearing evidence
of a serial number which has been tampered with or scratched or_obliterated
in any manner, unless suth person immediately contacts the Meridian City
Pol,ice Department.
Accept, buy or exchange any articles prior to examining the identifYing
credentials of the person selling or exchanging said articles; ~~:
Fail to maintain the record required under Section 3-J906, or fail to main--:
tain such record as to any item of which record is required to be maintained -:
under Section 3-1906, or fail to make an entry of any material matter iI1 the
record of any transaction; .
Make any false entry in the record required by Section 3-1906; ,
Obliterate or destroy the record required by Section 3-1906; provided, however,
that such records may be destroyed at the expiration of the one-year retention
period prescribed in 3-1906;
Refuse to allow any law enforcement officer to inspect the record required
by 3-1906, or any articles in his possession during normal business hours;
Report any material matter falsely to a law enforcement officer;
Acquire by purchase, trade, exchange or otherwise, any articles from any
person under eighteen (18) years of age, without the express written consent
of his or her parent or guardian or unless said minor is the head of a family;
Fail to report forthwith to the Meridian City Pol ice Department the receipt
of any property which he has good cause to believe has been lost or stolen,
together with the name of the owner, if known, and the date when and the
name of the person from whom the property was received.
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(B) It shall be unlawful for any person to use a false name. a fictitious address. or
any address other than the true address. or to furnish any false. untrue or misleading
information or statement relating to the informatton;, required by Section 3-1906.
3-1909:
APPEAL FROM DENIAL OF LICENSE: Within five (5) days. excluding weekends
and legal holidays. from refusal of the City Clerk to issue or renew a
under this Chapter. the applicant for a license may appeal to the City Council
purpose of having the City Council review the action of the City Clerk.
license
for the
The appeal by the licensee of the applicant whose license has been refused must be-
in writing and shall set forth the reasons why such license should not have been refused.
The City Council shall hear the appeal withing fourteen (14) days. excluding week'""
ends and legal holidays. after the filing thereof. and shall render its decision within
seven (7) days. excluding weekends and legal holidays. after said hearing. The decision
of the majority of the City Council shall be final as to the issuance of the license.
3-1910: REVOCATION OR SUSPENSION OF LICBNSE: The City Council shall have the
power to revoke or suspend any license granted in accordance with this
Chapter for any of the fOllowing causes:
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Fraud. misrepresentation or false statement contained in the application for
license;
Fraud. misrepresentation or false statement made in the course of carrying on
th~ business of a precious metal dealer;
Any other:---viOlation of this Chapter; -
C{)nviction of-a-n,y--;felbny or misdeameimor"-inVolving fraud. th-eft. diShonesty.
or receiving or possessing stolen property. or any other crime involving
moral turpitude.
Prior to any revocation or suspension. the licensee shall be granted the opportunity for
a public hearing before the City Council. which hearing shall be held not later than
fourteen (14) days after written notice to the licensee of intent to revoke or suspend.
Such notice _shal:lspeoifty tl]e:~date. time and place of hearing and shall be delivered
to the licensee personally or mailed to the licensee at the address set forth-"in the
license application. If. after such grounds for revocation exists. it shall revoke
the license. The decision of the City Council shall be final.
3-1911: PENALTIES: Any person violating any of the provisions of this Chapter
shall be guilty of a misdemeanor and. upon conviction thereof. shall be
punished by a fine of not more than three hundred dollars~($300.00)._or by imprisonment
in the county jail for not more than thirty (30) days. or by both such fine and
impri sonment.
Section 2. WHEREAS. there is an emergency therefor. which emergency is declared
to exist. this Ordinance shall take effect and be in force from and after its passage.
approval and publication as required by law.
PASSED by the City Council and approved by the Mayor of the City of Meridian.
Ada County. Idaho. this ,8th day of August. 1981.
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3 -ATTEST:
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- aW na L. Niemann. Cit Clerk
pc: Codifiers
AIC
Minutes