Amending Various Sections within Chapter 4 Requiring Electronic Reporting of Transactions by Precious Metals Dealers Regulated

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Electronic Reporting Ordinance Page 3 place of business where the purchase occurred. if the items piire,ased are held ar st a other than the dealer's premises lieensed under this seetien, the leeation of these goods and the holder's pufokase. All goods required to be held under this Section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods .2 (i) It shall be unlawful for any precious metals dealer to take, purchase or receive any precious metals from any person who is under the age of eighteen (18) years. Section II. Chapter 4, Article 4, Section 4 -51 addressing Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers and Recycling Operations of the South Bend Municipal Code is amended by changing paragraph (k) to read as follows: (k) Electronic Report to Police and Records Required for Inspection and Holding Requirements for Scrap Metal and /or Valuable Metals; Ferrous and/or Nonferrous Metal. (1) Every dealer or operator shall maintain a physical sales report of scrap metal and /or valuable metals. Each dealer or operator shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any scrap metal and valuable metal items, unless exempted by this section. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour period on a daily basis. The data shall include the time of purchase of any article of any scrap metal and/or valuable metals and include whether any is marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph with the dealer or operator being required to make a photocopy of the photographic identification presented at the time of transaction. Every dealer or operator is further required to record the motor vehicle license number of the vehicle or conveyance that delivered the valuable metal came the address from where the valuable metal was located before being brought to the dealer or operator, and a photograph of the valuable metal being sold as well as a photograph of the person from whom the valuable metal is being purchased. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked ' Indiana Code §244 -19 sets forth the State of Indiana's regulations addressing "Precious Metal Dealers" which took effect on January 1, 2014. Local regulations are supplemental to the state law provisions. 3 Indiana Code §25 -37.5 sets forth the State of Indiana's regulations addressing "Dealers in Valuable Metals" which includes provisions updated by the passage of Public Law 224 - 2013.. Local regulations are supplemental to the state law provisions.