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Home My WebLink About061163y ORDINANCE NO. 6116 AN ORDINANCE AMENDING CHAPTER 7 OF TITLE IX OF THE 1971 CODE OF ORDINANCES RELATING TO DEALERS IN PRECIOUS OR SEMIPRECIOUS METALS OR STONES, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1 Section 9 -7 -26 of the 1971 Code of Ordinances of the City of Pueblo, as amended, is hereby amended to read as follows: 9 -7 -26: DEALERS IN PRECIOUS OR SEMIPRECIOUS METALS OR STONES (1) Definitions. As used herein, (a) Precious or semiprecious metals or stones shall mean gold, silver,. [and] platinum and aewter and precious and semiprecious stones including, but not limited to, alexandrite, diamonds, emeralds, ,garnets, opals, rubies, sapphires and topaz. (b) Regulated article means any and all coins bullion, jewelry or articles comprised in whole or in part of precious or semiprecious metals ors ones. (c) Dealer shall mean any person who in the course of business, whether on a full or part-time basis, buys, sells, exchanges, collects, receives, stores or reduces regulated articles, except that this term shall not be deemed to include banks, savings and loan associations or other lending institutions. (d) Person shall mean any individual, partnership, firm, association, corporation or other legal entity, or any agent or servant thereof. (e) License Officer shall mean the Director of Finance of the City. (2) Permit Required; Application Therefor (a) No person shall engage in business as a [precious metals] dealer unless he has first obtained a permit to so operate from the License Officer. (b) Applicants for a dealer permit must be residents of [the City] Colorado for not less than thirty days; provided however, that in the case of a corporate limited liability-, or partnership applicant, it shall be sufficient for [one or more of the directors, general partners or managing agents of such entity to have been residents for the required period.] the entity to have become authorized to do business in Colorado as a foreign corporation, partnership or limited liability company after having designated a Colorado resident for service of process. (c) Applicants for a dealer permit must be possessed of good moral character and meet the requirements of §9 -1 -5 of this Code. The Chief of Police shall thoroughly investigate all applicants for such license and report his findings and recommendations to the City License Officer. (d) An application for a dealer permit shall be submitted on forms approved by the City License Officer which shall contain: the applicant's name, date of birth, address and phone number; the name, date of birth, address and phone number of the resident director, partner or managing agent in the case of an entity other than a real person; and the location or locations within the City where the business is to be conducted. (e) Upon receipt of an application for a dealer permit submitted by a qualified applicant, and tender of a permit fee of Ten Dollars ($10.00), the License Officer shall issue the permit. (f) A permit issued under this section shall remain valid indefinitely; provided however, that upon violation of any provision of this section, the City License Officer may suspend or revoke such license in his discretion. (3) Required Records Every [precious metals] dealer shall maintain a record of all regulated articles received by said dealer. Such record shall [specifically identify the articles received, the name and address of the person from whom received, and the date and time when received. Whenever the true identity of any person tendering regulated articles to a dealer is unknown to the dealer, he shall make reasonable inquiry in good faith to determine such person's identity.] contain all of the following information: The name, address, and date of birth of the seller of any regulated article, together with the seller's driver's license number (or in lieu thereof other identifying_number from a Colorado identification card issued pursuant to 42 -2 -402, C.R.S., military identification card, valid passport or alien registration card); the date, time and place of the purchase; an accurate and detailed account and description of each regulated article being purchased, including but not limited to, any trademark, identification -2- number, seri number model number brand name or other identifying marks and a description by weight and design of such articles The dealer shall also obtain a written declaration of the seller's ownership which shall state whether the regulated article is fully owned by the seller, how long the seller has owned the article, and a statement indica how the seller acauired ownership The written declaration of seller shall be signed by the seller. (4) Holding Period; Inspection Except as provided in subparagraph of this graph (41 no regulated article received by a [precious metals] dealer shall be altered or removed from the City before the expiration of [seventy -two (72) hours] thi1ly days from the time of its receipt by the dealer [unless such article has been first inspected by an authorized City Police Officer]. During this holding period such regulated articles shall be held separate and apart from any other transaction During this holding period and such additional time as a regulated article is held by a dealer, all regulated articles shall be available for inspection by an authorized City police officer during reasonable business hours [during this holding period]. W Stamped and assayed gold and silver bullion and gold coins shall not be subject to the holdingrequ -nt imposed by subparagraph (a of this paragraph (4) provided that the dealer complies with the alternative holding requirements of this subparagraph (b) and complies with all other requirements of this section. All such bullion and gold coins shall be held by the dealer, without alternation, for not less than seventy -two (72) hours from the time of its receipt by the dealer unless such bullion or gold coins have been first inspected by an authorized City police officer. All such bullion and gold coins shall be available for inspection by any authorized Citv police officer during reasonable business hours during this alternative holding peri (5) Records Subject to [Limited] Inspection [At the request of any City police officer having reason to believe that a regulated article may be stolen property, the precious metals dealer shall disclose to the Police all information contained in the required record which related to the reception of that article.] The records required to be maintained by a dealer urp suant to the requirements of this Section 9 -7 -26 shall be made available to any peace officer for inspection at any reasonable time. (6) Purchases From Minors Prohibited No [precious metals] dealer shall purchase or receive regulated articles from any person under the age of eighteen (18) years, unless such person is accompanied -3- by his parent or legal guardian, and the required records contain the name, [and] address and driver's license number of such parent or guardian. (7) Unlawful Acts; Penalties It shall be unlawful for any person to violate any provision of this section; and any person found guilty of violating any of the provisions of this section shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. SECTION 2 This Ordinance shall become effective thirty (30) days after final passage and approval. ATTEST: City Clerk INTRODUCED Aucrust 26 , 1996 By Charles Jones Councilperson APPROVED: Prernt he ity ouncil 12