CHAPTER 10 Title 4 Pawn_2nd Hand_ Prec Metal Dealers
CHAPTER 10
PAWN BROKERS-,
SECONDHAND PRECIOUS METALS DEALERS
SECTION:
4-10-1: Definitions
4-10-2: License Required
4-10-3: License Application
4-10-4: Reserved
4-10-5: Reserved
4-10-6: Reserved
4-10-7: Reserved
4-10-8: Reserved
4-10-9: License Approval and Issuance
4-10-10: License Fees and Expiration
4-10-11: Records to Be Kept
4-10-12 Records to Be Open for Inspection
4-10-13: Retention of Records; Time
4-10-14: Retention of Property
4-10-15: Compliance with Law
4-10-16: Prohibited Purchases
4-10-17: Licenses, Denial, Suspension or Revocation
4-10-18: Penalty
4-10-1: DEFINITIONS: For the purpose of this chapter, certain words and terms
are defined as follows:
PAWNBROKER DEFINED: As used in this Chapter, "pawnbroker" is a
person who engages in the business of lending or advancing money on the
security of personal property pledged or deposited in his or her possession.
PRECIOUS METALS DEFINED: As used in this Chapter, "precious
metals" means gold, silver, platinum and their alloys.
SCRAP DEALER TYPES OF MERCHANDISE: A scrap dealer shall be
considered any person or business as defined in Idaho Code Title 54, Chapter 27.
Scrap dealers shall meet and comply with all licensing and regulations within the
afore mentioned Idaho Code Title 54 and Chapter 27. The City of Ammon requires
no special licensing other than a general business license of those businesses
operating as a scrap metal business.
SECONDHAND PRECIOUS METALS DEALER DEFINED;
EXCEPTIONS:
Title 4, Chapter 10 Page 1 of 4 Adopted 7-12-2018
(A) Definition: As used in this Chapter, a "secondhand precious metals
dealer" is a person who engages in the business of buying, selling, exchanging or
trading old or used precious metal or secondhand goods containing any precious
metal.
(B) Exceptions: The following shall not be considered secondhand
precious metals dealers:
Persons who in the ordinary course of business buy or sell uncast precious
metals primarily for use in any manufacturing or photographic developing process,
jewelry manufacture or repair, or dental restoration or repair.
Persons who in the ordinary course of business accept or receive
secondhand goods containing precious metals as consideration for the sale of new
merchandise and who subsequently dispose of such secondhand goods in the
same form as they existed at the time of their receipt.
4-10-2: LICENSE REQUIRED: No person shall engage in the business of a
pawnbroker, or secondhand precious metals dealer without first obtaining a license issued
by the City.
4-10-3: LICENSE APPLICATION:
(A) Applications for pawnbrokers, and secondhand precious metals
dealer’s licenses shall be made on a form provided by the City Clerk. The
application shall state the applicant's name, residential address, business name,
address of place of business, type of license applied for and a general
description of the goods or materials to be purchased, sold, exchanged or traded.
The relevant license fee shall accompany the application.
(B) To determine the suitability of prospective applicants for a license,
the City Clerk shall require a first time applicant to provide information and
fingerprints necessary to obtain criminal history background check. Fingerprinting
shall not be required for a license renewal, unless fingerprints and criminal
background history check have not been previously obtained or performed for the
applicant.
4-10-9: LICENSE APPROVAL AND ISSUANCE: On receipt of the application, the
City Clerk shall forward the application to the appropriate Department Heads, who shall
make an investigation to verify the information in the application and compliance with
applicable City codes. Department Heads shall report their findings to the City Clerk as
soon as reasonably possible, but no later than thirty (30) days after the application is filed
with the City Clerk. No license shall be issued until the required background check has
been returned to the City by the appropriate agency.
4-10-10: LICENSE FEES AND EXPIRATION: Fees for licenses issued under this
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Chapter shall be determined by a schedule of fees adopted by the City Council by
resolution which may be amended from time to time. All licenses issued under this
chapter shall be paid in advance and shall expire one (1) year from the date of issue
unless another date is endorsed on the license by the Clerk.
4-10-11: RECORDS TO BE KEPT:
(A) All pawnbrokers, and secondhand precious metals dealers shall
keep and file with the Bonneville County Sheriff’s Department a digital copy of the
following described records. All digital records shall be filed via the internet at a web site
determined by the Bonneville County Sheriff’s Department using software as may be
determined by the Police Division. Such digital records shall be filed within seventy-two
(72) hours after the time and date of the transaction. The digital records required for
filing shall consist of the following records:
1. An accurate description of all precious metals and personal
property purchased, acquired or received.
2. The name, residence, driver's license number, or social
security number of the person from whom any, precious metals or
personal property is purchased, acquired or received.
3. The date and place of the purchase, acquisition, or
reception.
4. The date when such property is disposed of and the name
and address of the person receiving the same.
5. Any other records required to be kept under Idaho law.
(B) Notwithstanding the foregoing, records relating to the
purchase or sale of used or secondhand clothing or audio or audio-visual media,
computer software, gaming media or other electronic media in the form of used
VCR tape recordings, CD-ROMS, DVDS or other.
4-10-12: RECORDS TO BE OPEN FOR INSPECTION: All records required to be
kept under this Chapter shall be made available for inspection by any police officer
representing the City of Ammon during normal business hours.
4-10-13: RETENTION OF RECORDS; TIME: All records required to be kept under
this Chapter shall be kept for not less than three (3) years.
4-10-14: RETENTION OF PROPERTY: No person licensed under this Chapter
shall sell, trade, rent or otherwise dispose of any property acquired for the purpose of
resale or other conveyance for a period of fifteen (15) days from the date of receiving the
property. Nothing herein shall require the retention of any firearm bearing a legible serial
number, unless such serial number appears to have been altered or unless there is good
cause to believe the firearm has been stolen from its lawful owner.
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4-10-15: COMPLIANCE WITH LAW: Persons licensed under this Chapter shall
conduct their businesses in compliance with all applicable federal, state and City laws,
ordinances and regulations.
4-10-16: PROHIBITED PURCHASES: No person licensed under this Chapter shall
purchase, acquire, accept or receive in the ordinary course of business and for the
purpose of resale or other conveyance any precious metals or personal property from any
person who is under the age of eighteen (18) years or who is under the influence of
alcohol, drugs or a controlled substance.
4-10-17: REVOCATION OF LICENSE: The City Clerk may revoke or suspend any
license issued under this chapter upon giving ten (10) days’ notice to the license holder.
Appeals of the City Clerk’s decision must be filed no later than fourteen (14) days after the
revocation or suspension and shall be heard at the next available City Council meeting.
Denials of licenses issued pursuant to this chapter shall be based on non-compliance to
the stated provisions of this chapter. Appeals on denials shall be handled the same as
revocations or suspensions. Failure to appeal shall be deemed as a final decision of the
City. The ruling of the City Council shall be the final decision of the City.
4-10-18: PENALTY: Any violation of the provisions of this chapter shall be
deemed an infraction and shall be subject to penalties prescribed for such violations
under section 1-4-2 of this code.
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