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19801202 1980-24ORDINANCE NO. i980'~24 AN ORDINANCE A~NDING CHAPTER 14 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA. TO ADD A NEW SECTION 14-13.1. BE IT ORDAINED by the City Council that Chapter 14 of the Code of the City of Fairfax, Virginia, be and it hereby is amended to add a new Section 14-13.1 to read in its entirety as follows: "14-13.1 Dealers of Precious Metals, Gems and other ~ersonal property; retention of item's acquired. (a) Definitions. (1) Dealer - Any person, firm, partnership or corporation engaged within the City in the business of purchasing precious metals, gems or other personal property as defined herein within the City, provided however, that retail merchants permanently located within the City shall be exempted insofar as they make purchases directly from manufacturers or whole- salers for their inventories. This definition includes merchants whose business is itinerant in nature as well as those whose business is permanently located in the City. As used herein "dealer" includes employers and principals on whose behalf the purchase is made and all employees and agents who personally make such purchases. (2) Precious Metals - Any item containing as part of its composition gold, silver, platinum or pewter in any degree. (3) Gems - Any item containing or having any precious or semiprecious stones customarily used in jewelry, for ornamentation, or for industrial purposes. (4) Other Personal Property - Binoculars, watches, cameras, televison sets, radio and stereo equipment, musical instruments and philatelic materials. 1980-24 -2 (b) Requirement for Records. (1) Each dealer shall record the purchase, barter, exchange, or other receipt of any item described in subsection (a) and also any subsequent disposition of that item from his possession. Recording shall be on forms obtainable from the City Police Department and shal 1 include: 1. The date of the transaction; 2. A comprehensive description of the item including any visible identification marks such as initials, name of manufacturer, model and serial numbers and owner applied identification numbers; 3. Its estimated fair market value; 4. The name, address, and date of birth of the person from whom the item is received. The dealer shall require proof of identification of that person or a driver's license or similar credentials, unless the person is known to the dealer. (2) The completed Police Department form shall be transmitted by the dealer to the City Police Department no later that three days after the date of any transaction listed on the form except in the case of intinerant dealers who shall transmit such form to the Chief of Police on the day of purchase in accor- dance with Section 12-35. (c) Prohibition of Dealing with Minors or Purchasing Stolen Property. No dealer shall purchase, barter, exchange or otherwise receive any item described in subsection (a) from a minor under the age of eighteen (18), unless the dealer has on file a notarized authorization from the minor's parent or guardian authorizing the dealer to transact business with the minor. No dealer shall purchase precious metals, gems or other personal property described herein from anyone whom the dealer believes or has reason to believe is not the owner of said items. - - 1980-24 -. 3 (d) Retention of Items. No dealer including employees and other persons acting for the dealer shall melt, alter or otherwise destroy or change the identity of or dis- pose of any item described in subsection (a) which has been received by the dealer until a period of fifteen (15) days shall have elapsed after the date of submission of the report required by subsection (b) or the item is inspected by the City Police Department whichever shall occur first. (e) Inspections b~ Police When property has been reported as stolen to police authorities in the Commonwealth of Virginia, the State of Maryland or the District of Colombia, in order to seek the whereabouts of that stolen property, any member of the City of Fairfax Police Department may, during normal business hours in the presence of the dealer or his representative and in pursuance of investigating the aforementioned theft, inspect at the dealer's place of business the records required to be kept by subsection (b) and any item of property listed in subsection (a) which corresponds to the report of theft. ( f ) Penal ty. Any person or corporation who violates any provision of this section or who makes any false statement in connection therewith or who gives false identification shall, upon conviction, be guilty of a Class 1 misdemeanor. (g) Validit~ and Severance. Each part, section, subsection, paragraph, sentence, clause and phrase of this chapter is hereby declared severable. Should any part, section, sub- section, paragraph, sentence, clause, or phrase of · ~, 1980-24 -4 the chapter be declared invalid by a Court of ccmpe- tent jurisdiction, such decision shall not affect the validity of the chapter in its entirety or any part thereof other than that so declared to be invalid. The City Council hereby declares that it would have adopted this chapter and each part, section, subsec- tion, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more such parts, sections, subsections, paragraphs, sentences, clauses or phrases, be declared invalid." This ordinance shall become effective immediately upon adoption. Introduced: Adopted: ATTE S T - November 25, 1980 December 2, 1980 MAYOR