§ 8-288. Records of transactions; required information; method of transmittal.

Engaging in the business of purchasing precious metals, jewelry and precious stones within the City limits of Norcross is hereby declared to be affected with the public interest due to the opportunity it affords for the disposal of stolen property. In the public interest and as set forth herein, all precious metals dealers shall document all transactions as required by this article. A transaction number will be assigned to every transaction to document the transaction.

(1)

Identification of persons pledging items. Employees of precious metals dealers shall require all persons pledging, trading, pawning, exchanging, or selling property to show proper identification prior to conducting a transaction. For purposes of this section, proper identifications shall consist of a government-issued identification document such as a driver's license, state identification card, military identification card or passport.

(2)

Required documentation of identifying data. Employees of precious metals dealers shall document the name, address, telephone number, race, gender, height, weight, driver's license number, date of birth, Social Security number, and identifying number from the presented identification of the person selling property along with the date and time of the transaction. This documentation shall be made at the time of the transaction.

(3)

Photographs required. Employees of precious metals dealers shall photograph all persons pledging, trading, pawning, exchanging, or selling property. Such photograph will be made with a digital camera or web camera. Such photograph shall clearly show a frontal view of the subject's face along with the precious metals dealers' transaction number. Additionally, photographs of the items being sold will be made at the time of the transaction. The photographs shall be appended to the record of the pawn transaction in a manner prescribed by the Chief of Police or his designee.

(4)

Fingerprint and signature required. Employees of precious metals dealers shall obtain from all persons selling property the fingerprint of the right-hand index finger. The fingerprint shall be appended to the record of the transaction in a manner prescribed by the Chief of Police or his designee. The subject shall also sign the transaction. In the event the indicated finger is missing, the next finger available on the right hand will be used and the finger used will be noted on the transaction record. If the right hand is amputated. congenitally deformed, or otherwise unavailable due to medical condition, the left hand may be used and noted on the record. If neither hand is available due to medical condition, amputation or congenital deformity, that fact will be noted on the transaction record. Fingerprints and the information required herein shall be obtained each time such person sells any property.

(5)

Accurate property descriptions required. Employees of precious metals dealers shall document an accurate description of all items exchanged with the precious metals dealer. Such description shall include, at a minimum and to the extent possible, manufacturer, model, serial number, style, material, kind, color, design, number of stones, and any identifying names, marks, numbers or engravings.

(6)

Tags required. Each item received by precious metals dealers shall be tagged with the precious metals dealer transaction number. Such tag must remain attached to the item until the item is disposed of by sate, trade or other lawful means.

(7)

Wholesale purchases excluded. The requirements of this section shall not apply to property purchased from licensed wholesale or distributor businesses for the purpose of retail sale; however, the precious metals dealer shall maintain purchasing records for property exempted under this paragraph while the property remains in inventory.

(8)

Special requirements for new or unused goods. Items of property that appear to be new, unused, and in their original packaging may not be accepted by a precious metals dealer unless the customer can supply a copy of the original sales receipt or other proof of purchase. Precious metals dealers shall retain a copy of such receipt or proof of purchase on file while the item is in inventory.

(9)

Entry of transactions for electronic transmittal. Each precious metals dealer shall enter each transaction into the electronic automated reporting system as it occurs. In the event the electronic transmittal system is unavailable, precious metals dealers shall make records in paper form as prescribed by the Chief of Police or his designee. Such paper forms shall include all information otherwise required. Precious metals dealers shall keep a supply of paper forms available at all times.

(10)

Automated reporting system; mandatory use. The Chief of Police or his designee shall select and designate an automated electronic reporting system for use by precious metals dealers to record and transmit the transaction. The precious metals dealer will be assessed a fee for each transaction entered into the system. This fee may be assessed to the person selling the property. Said fee will be collected by the Chief of Police or his designee, which may be a third party administrator of the automated reporting system.

(11)

Retention of records. Transaction records covered under this chapter (article) shall be kept by the precious metals dealer for a period of not less than four years.

(12)

Compliance with pawnbrokers ordinance. Nothing in this article shall relieve any precious metals dealer from complying with the City of Norcross Pawnbrokers Ordinance (Chapter 8 Article VII) if such precious metals dealer is acting as both a pawnbroker and precious metals dealer.

(Code 1979, § 9-2-3(1); Code 1998, § 14-450; Ord. No. 20-2011, 10-3-2011)