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19810707 1981-9ORDINANCE NO. 1981-9 AN ORDINANCE REPEALING SECTION 14-13.1 AND ENACTING A NEW SECTION 14-13.1 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA. BE IT ORDAINED by the City Council that Section 14-13.1 of the Code of the City of Fairfax, Virginia, be and it hereby is amended to read in its entirety as follows: "14-13.1 Dealers of Precious Metals, Gems and other personal property and ~oods; pawnbrokers; retention of items acquired. (a) Definitions. (1) Coin - Any piece of metal fashioned into a prescribed shape, weight and degree of fineness, stamped by authority of 'a government with certain marks and devices and having a certain fixed value as money. (2) Dealer - Any person, firm, partnership or corporation engaged within the City in the business of purchasing, receiving, trading, selling, or otherwise exchanging second-hand precious metals, gems or other personal property and goods as defined herein. 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. (3) Gem - Any precious or semiprecious stone customarily used in jewelry, for ornamentation, or for industrial purposes. (4) Other Personal Property And Goods - Includes, but is not limited to, binoculars, watches, cameras, television sets, radio and stereo equipment, musical instruments and philatelic materials. 1981-9 -2- (5) Pawnbroker - Any person who shal 1 in any manner lend or advance money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price, shall be held to be a pawnbroker. (6) Precious Metals - Any item, except coins and private mintages, composed in whole or part of gold, silver, platinum' or pewter in any degree. (7) Private Mintage - Pieces of metal fashioned into prescribed shapes, weights, and degrees of fineness which are not stamped by authority of a government and which do not have a fixed value as money. (b) Permit Required; Bonding. (1) No dealer or pawnbroker as defined in subsection (a) shall transact business within the City unless a permit has first been obtained as provided herein, provided, however, that purchases made directly from manufacturers or wholesalers for their inventories by retail merchants permanently located within the City shal 1 be exempt. In addition, this Section shal 1 not apply to the purchase or sale of coins. (2) The permit required hereunder may be obtained from the Chief of Police upon application. The applicant information: (i) (ii) (iii) shal 1 provide the fol lowing Applicant's ful 1 name. Applicant's address and telephone number (s). Any and all aliases by which the applicant is or has been known. 1981-9 -3- (iv) Applicant's age. (v) Applicant's sex. (vi) Applicant's fingerprints. (vii) Employer, if applicant is not principal. (viii) Employer's address and phone number (s). ( ix ) The specifics of any criminal convictions of applicant and applicant ' s employer. (x) A recent photograph of applicant. (xi) Other jurisdictions in which the applicant has applied for or has obtained a permit to engage in such business. (xii) Whether applicant has been denied a permit or has had a permit revoked under any ordinance similar in substance to the provisions of this Section. ( xiii ) The date of inspection of accuracy of al 1 scale and weighing devices and attach a written certification of accuracy by Virginia local or state weights and measures official. (xiv) Address or addresses of premises where applicant intends to engage in such business within the City. ( 3 ) Each permit application shal 1 be accompanied by a Two Hundred Dollar ($200.00) permit fee. A permit shall be denied if the applicant has been convicted of a felony or of a crime of moral turpitude within seven ( 7 ) years immediately preceding the application or if the applicant has been denied a similar permit or had a similar permit revoked. 1981-9 -4- (4) Upon approval of a permit and before any permit issued hereunder may become operative, a dealer or pawnbroker shall enter into a recognizance bond to the City of Fairfax secured by a corporate surety authorized to do business in this Commonwealth in the penal sum of Ten Thousand Dollars ($10,000.00) conditioned upon observance of the terms of this Section. In lieu of this bond, a dealer or pawnbroker may cause to be issued by a bank authorized to do business in the Commonwealth a letter of credit in favor of the City of Fairfax, Virginia in the amount of Ten Thousand Dollars ($10,000.00). (5) If any person shall be aggrieved by the misconduct of any dealer or pawnbroker and shall recover a judgment therefor, such person, after the return unsatisfied, either in whole or in part, of any exec ut ion upon such j udgme nt, may maintain actions in his own name upon the bond or letter of credit in any court having jurisdiction. ( 6 ) Any false statement made in the application for a permit shall render the permit void ab initio. ( 7 ) Permits granted hereunder shal 1 be valid for a period of twelve (12) months. (c) Requirement for Records. (1) Each dealer or pawnbroker shall record every business transaction involving the purchase, receipt, trade, sale or other exchange of any item described in Subsection (a) except coins and also any subsequent disposition of that item from his possession. Recording shal 1 be on forms obtainable from the City Police Department and shall include: 1981-9 -5- (i) (ii) (iii) (iv) (v) (vi) The date and time of the tra ns action; A comprehensive description of the item including its troy and/or carat weight and any visible identification marks such as initials, name of manufacturer, model and serial numbers and owner applied identification numbers; The estimated fair market value of the item and the price, paid by the dealer or the amount of the loan by the pawnbroker; The name, address, and date of birth of the person from whom the item is received. The dealer or pawnbroker shall require at least two forms of identification from the person bartering, exchanging, trading or selling any item in Subsection (a) excep, t coins, one of which must be a driver' s license or other government-issued I.D. which bears a photograph of such person. The legible handwritten signature of the person bartering, exchanging, trading or sel ling any item in Subsection (a) except coins. If the amount of the transaction exceeds Two Hundred Dollars ($200.00), a recent photograph of 1981-9 -6- the person bartering, exchanging, trading or selling any item in Subsection (a) except coins, shall be obtained and submitted to the City Police Department along with the completed City Police Department form. (2) The completed City Police Department form shal 1 be transmitted to the City Pol ice Department no later that twenty-four hours (24) after the transaction listed on the form. The dealer or pawnbroker shall retain a copy of the completed City Police Department form and the bill of sale for a minimum of twenty-four (24) months from the date of purchase, receipt, trade, sale or exchange. (d) Prohibition of Dealing with Minors or Purchasing Stolen Property. ( 1 ) No dealer or pawnbroker shal 1 purchase, receive, trade, sell or otherwise exchange any item described in Subsection (a) from a person under the age of eighteen (18) years. (2) No dealer or pawnbroker shall make purchases, sales or exchanges from anyone whom the dealer or pawnbroker believes or has reason to believe is not the owner of any items in Subsection (a) herein unless the dealer or pawnbroker has on file a notarized authorization from the owner of said item authorizing the dealer or pawnbroker to transact business with the person bartering, exchanging, trading or selling any items in Subsection (a) except coins. (e) Retention of Items. No dealer or pawnbroker, including employees and other persons acting for the dealer or pawnbroker shall melt, alter or otherwise destroy or 1981-9 -7- change the identity of or sell or otherwise dispose of any item described in Subsection (a) which has been received by the dealer or pawnbroker until a period of ten (10) days shall have elapsed after the date of submission to the City Police Department of the report required by Subsection (c). (f) Inspections by Police Officials. The records and merchandise of each dealer and pawnbroker shal 1 be open and available for inspection during regular business hours by any police official of the federal or state governments or by the Chief of Police or his designee. (g) Penalty · (1) Any person who violates any provision of this Section or who makes any false statement in connection therewith or who gives false identification shall, upon first conviction, be guilty of a Class 2 misdemeanor and upon second and subsequent convictions be' guilty of a Class 1 misdemeanor. (2) Upon the first conviction by any court for violation of any of the provisions of this Section, the Chief of Police or his designee may revoke the convicted dealer's or pawnbroker's permit for a period of one full year from the date the conviction becomes final. Such revocation shall be mandatory upon a second conviction. (h) validity and Severance. Each part, section, subsection, paragraph, sentence, clause and phrase of this Section is hereby declared severable. Should any part, section, subsection, paragraph, sentence, clause, or phrase of this Section be declared invalid by a Court of competent jurisdiction, such decision shall not affect the validity of this Section in its entirety 1981-9 -8- or any part thereof other than that so declared to be invalid. The City Council hereby declares that it would have adopted this Section and each part, section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more such part s, paragraphs, sentences, declared invalid." sections, subsections, clauses or phrases, be This ordinance shall become effective July 1, 1981. Introduced: Adopted: June 9, 1981 July 7, 1981 MAYOR ATTEST: