§ 10-162. Itinerant dealers.

(a)

Itinerant dealers in precious metals or gems; applicability. This section shall be applicable to all itinerant dealers of precious metals or gems, whether their sales, trades and purchases are at retail or wholesale or by any form of pawn. Specifically excluded are wholesalers, buyers and sellers who sell, trade and deal only with mercantile establishments or purchase precious metals or gems from manufacturers, manufacturer's representatives, or other dealers in precious metals or gems.

(b)

Notice of intent to conduct business.

(1)

Occupational tax certificate required. Any person, firm or corporation who does business in City of Cartersville as an itinerant dealer in precious metals or gems shall, before engaging in such business, obtain a business tax certificate in accordance with this chapter.

(2)

Permit required. It shall be unlawful for any person to engage in activities as an itinerant dealer in precious metals or gems in City of Cartersville without having obtained a valid permit for each separate location and for each person engaging in said activities. Prior to advertising any buying, selling, trading or otherwise dealing in precious metals or gems, an itinerant dealer shall, at least three (3) business days prior to the initial advertising, file with the planning and development department an application for a regulatory permit to conduct the business of itinerant dealer in precious metals or gems in City of Cartersville.

(3)

Such application shall include the following:

a.

Full name of the person, group or association, and its address;

b.

The name of the person who will be conducting business in City of Cartersville and his home address, including proper identification as defined;

c.

The length of the stay in City of Cartersville, including the dates of opening and closing, at each fixed location not to exceed fifteen (15) days;

d.

The fingerprints of the person or persons who will be conducting such business in City of Cartersville; and

e.

Where the business will be conducted, and during what hours; except that no itinerant dealers in precious metals or gems shall operate at any location in City of Cartersville between the hours of 8:00 p.m. and 8:00 a.m. Monday through Saturday or during any hours on Sunday.

(4)

No person who has been convicted of a felony under the laws of this state or any other state of the United States shall be eligible to receive a regulatory permit to conduct business as an itinerant merchant of precious metals or gems within City of Cartersville. This paragraph shall not apply to any person who has been convicted of a felony after ten (10) years have expired from the date of completion of the felony sentence. Prior to the issuance of the regulatory permit, a background investigation shall be required for each person who will be conducting business in City of Cartersville. If the eligibility requirements are met, then the regulatory permit shall be issued for each person meeting the requirements. The provisions of this article shall apply to the background investigation required herein.

(5)

Each regulatory permit issued pursuant to this section shall be nontransferable and valid for period of time listed by the applicant in response to subsection (b)(3) above, not to exceed fifteen (15) days.

(6)

Every itinerant dealer shall admit to the premises where business is being conducted any law enforcement officer, who in the performance of official lawful duties as prescribed by the chief of police, may desire at any time to search for articles missing or stolen, or to make any inspection of records authorized by this chapter, without the formality of a search warrant.

(c)

Records. All itinerant dealers, both salesmen and buyers, of precious metals or gems shall keep records wherein shall be entered an accurate description of all property pledged, traded or sold by them. Such description shall include to the extent possible the name or the make of the article, any identifying mark or number, and a statement of the kind of material of which it is made. In such records there shall be entered also the full name and address of the person by whom same was deposited or sold, and the time when the same was done, and the name, address, date of birth and drivers' license number of seller; and a photocopy of the proper identification. In the event the seller does not have a drivers' license, other proper identification as defined shall be required and photocopied. All purchased items shall be digitally photographed. These entries shall be made as soon after the transaction as is possible but in no event more than one (1) hour after the time given for daily close of business as provided for in this article above. Such records may be kept electronically as long as a copy of the electronic records can be provided to the City of Cartersville Police Department or other law enforcement agency upon demand.

(d)

Daily accurate report to police. Every traveling and itinerant dealer shall make a report to the City of Cartersville Police Department, as required in section 10-159 (Daily electronic reporting). The report shall be in such form as may be prescribed by the chief of police, of all property pledged, traded, bought or sold during the period of operation in City of Cartersville, and shall show the name and address of any person who bought, sold, traded or otherwise disposed of or received any item; the date and time of the transaction; the amount paid or advanced, or the item traded; the full description of articles, including kind, style, material, color, design, kind and number of stones in jewelry; and all identifying names, ranks, and numbers; and a description of persons trading, buying, selling or pawning, including the name, address, race, weight, height, photocopy of proper ID.

(e)

Surrender of stolen property. In the event it is determined that any item bought, sold or traded to, or received by the itinerant dealer, salesman or buyer is the subject of any theft of crime, the dealer, salesman or itinerant buyer shall, upon demand of the City of Cartersville Police Department, surrender the same to the City of Cartersville Police Department.

(f)

Holding period. Every item covered by this section which is purchased from one seller shall be separately packaged, or kept separately, and not intermingled or confused with items purchased from another seller, for a period of seven (7) calendar days following the purchase of such item. Said items must be kept in the City of Cartersville, at a location designated by the licensee and provided to the department of planning and development. No person engaging in the purchase of precious metals or items as defined in this chapter shall sell or otherwise dispose, permit the sale or disposal, remove or permit to be removed from the license holder's place of business, intermingle with other jewelry or stones, alter, change, deface or permit the same of any such precious metals or stones purchased, until after the expiration of seven (7) days from the date of purchase.

(Ord. No. 28-15, § 1, 9-3-15)