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HomeMy WebLinkAboutAmending Chapter 4 Require Licensing of Precious Metals DealersORDINANCE No. 7023 -82 Passed by the Common Council of the City of South Bend, January 25, to 82 ` " City Clerk i IRENE K. GAMMON President of Common Council Presented by me to the Mayor of the City of South Bend, >=12191_21 .. s� . - town / City Clerk IRENE K. GAMMON Approved and signed by me alo �9�Z /7 � ORDINANCE NO. 90Q3 -8a AN ORDINANCE AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REQUIRE LICENSING OF PRECIOUS METALS DEALERS. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, re- cognizes precious metal values have dramatically increased and a corresponding increase in the number of thefts of these metals from South Bend homes has taken place. The Common Council believes that, in the public's best interest, dealers in precious metals should be required better to identify sellers of such metals. The Council further believes that dealers in precious metals should be required to operate from permanent locations and to maintain possession of such precious metals for a limited time period. These requirements, the Council believes, will enable the Police Deparatment better to perform its functions, will help deter the fencing of stolen property, and will aid in apprehending thieves. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: SECTION I. Chapter 4, Section 4 -17 of the South Bend Municipal Code shall be amended at subsection (c) as follows: (1) Arborist /Tree Service (2) Food Vending Vehicles (3) Hotels /Motels (4) Laundries, Laundries Self- Service, /Self- Service Dry Cleaners (5) Massage Parlors (6) Massage Technicians (7) Open Air Stands (8) Peddlers /Transient Merchants /Canvassers (9) Precious Metals Dealers f9j Public Parking Facilities f10) (IT) Restaurants f } }j (12) Restaurants with Live Entertainment /Music (Class A and B Cabarets) f 12j (13) Rubbish and Garbage Removal f 13j (1+) Scrap Metal Dealers /Transfer Stations /Recycling Operations /Junk Dealers E 14j (15) Secondhand Dealers (15j (16) Solicitations, Charitable f 16j (17) Taxicabs SECTION II. Section 4 -44 of the South Bend Municipal Code shall be amended as follows: Sec. 4 -44 RE9ERVEB Precious Metals Dealers (a) Definitions. (1) Dealer. Dealer means any person who holds himself out to the public as a purchaser of precious metals, or in doing business engages in purchasing silver, gold or precious metals. (2) Precious Metals. Precious metals means any article made in whole or in part of gold, silver or platinum, but not including any coin, any gold or silver ingot or any gold or silver bar. (3) Wholesale Precious Metals. Wholesale precious metals means articles made in whole or in part of silver, gold or platinum that have not been previously used, traded, or sold by a retailer and that are being purchased by a dealer from a manufacturer or from a wholesaler or distributor of newly manu- factured precious metals. (b) License and Place of Operation (1) No dealer shall operate in the City except from a permanent shop or place of business. No dealer shall operate upon public property or from a vehicle, flea market, hotel room, or similar location. (2) No dealer shall operate in the City who does not possess a valid precious metals dealer license. (3) The applicant for a precious metals dealer license shall pay an annual fee of One Hundred Dollars ($100.00) to the Controller, upon issuance of the license. (c) Resort to Police and Records Required; contents. (1) Every dealer shall mail report forms supplied by the Police Department to the Police Chief within twenty -four (24) hours from time of purchase. The reports must contain the seller's name and address, the price paid for each item, the purchase date, a description of each article purchased, including indentifying marks and the manufacturer (where known), and the Seller's driver's license number or the number on any other identification issued by a governmental authority bearing the Seller's photograph, and the account number of one additional piece of recognized identifica- tion. (2) The dealer shall also record the seller's descrip- tion and the property purchased as required in this section in a bound book with consecutively numbered pages which shall be re- tained for three (3) years from the date of the last recorded purchase. (3) The dealer shall photograph each group of purchased precious metals using an instant photography process when the total purchase exceeds Fifty ($50.00) Dollars. The photographs shall be forwarded to the Police Chief with the report forms required in this section. (4) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him to inspect the records. (5) The Police Department shall not reveal a seller's identity supplied under this section, except to other law enforce- ment agencies and prosecuting officials or pursuant to a valid court order, or in the course of any criminal investigation. (d) Precious Metal Purchases from Minors prohibited. No dealer shall purchase precious metals from a person under eighteen (18) years of age. (e) Precious Metals to be held for seven (7) days before resale_ All precious metals purchased by a dealer must be held for seven (7) days within the City in the dealer's possession, before being resold, melted or altered in any manner. If the goods are held or stored at a location other than the point of sale, the location of these goods and the holder's identification must be filed with the Police Chief within twenty -four (24) hours from the time of purchase. All goods required to be held under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him to inspect the goods. (f) Coin Purchase. Any purchase of coins made up in part of gold or silver where the total purchase exceeds Fifty ($50.00) Dollars shall comply with subsections (c)(2) and (4). (g) Exemptions. The provisions of this section shall not apply to wholesale precious metal purchases or to transactions between dealers of precious metals where the selling dealer has already complied with the terms of this section, including subsection (e). (h) Penalty. Any violation of the provisions of this section shall be deemed an offense, and upon conviction, the offender shall be fined not less than One Hundred ($100.00) Dollars nor more than Two Thousand Five Hundred ($2,500.00) Dollars. Each violation shall constitute a separate offense and be punishable as such. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and publication as provided by law. e Member of th6 Xommon Council 1,t READING 1-1 1—J'Z- PUBLIC HEARING 2nd READING NOT APPROVED REFERRED PASSED FILED IN CLERK'S OFFICE JAN 6:982 Irene Gam=n CITY CLERK, SOUTH SEND, iND. Richard L. Hill City Attorney Robert M. Parker Chief Deputy Thomas L. Bodnar Gregory D. Loughridge James A. Masten Carolyn V. Pfotenhauer Robert C. Rosenfeld Eugenia S. Schwartz Kathleen E. Skibe CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 January 5, 1982 Members of the Common Council Fourth Floor, County -City Building South Bend, IN 46601 Re: Proposed Precious Metals Ordinance Dear Council Members: 219/284 -9241 Attached is a proposed ordinance for your consideration which would require licensing of precious metals dealers in the City. This ordinance is presented to the Council for its consideration on the recommendation of Michael P. Barnes, St. Joseph County Prosecuting Attorney. Mr. Barnes has developed the substance of this ordinance in cooperation with representatives from St. Joseph County, the City of Mishawaka, and the City administration, as well as the Common Council. It represents an attempt to help defer fencing of stolen property, apprehend thieves, and better enable the Police Departments of these jurisdictions better to deter thieves of precious metals from local homes. Please let me know if you have any questions about this proposed ordinance. Very truly yours, Q' Richard L. Hill City Attorney ESS /RLH /clt (Qamutuirr 16port tXo tke tdommu Mounrtl of tltr Ttty of Ooutk VenA Your Committee OF THE WHOLE to whom was referred BILL NO. 7 -82 A BILL AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REQUIRE LICENSING OF PRECIOUS METALS DEALERS. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: (c) (1) add "and the account number of one additional piece of recognized identification." JOHN VOORDE Chairman •[[[ �[[n A9.310. ,.[..mien ...