HomeMy WebLinkAboutORDINANCE NO. 11-12-123F STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-12-123
PW
AN ORDINANCE TO AMEND CHAPTER 42, SECONDHAND GOODS, BY ADDING
AN ARTICLE III, PRECIOUS METALS DEALERS, AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in a Regular called session on the
19th day of December, 2011 at 6:00 pm. as follows:
SECTION 1. That the Secondhand Goods Ordinance is hereby amended by adding the new
Ordinance attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in
full; and,
SECTION 2. That this Ordinance shall be designated as Chapter 42, Article III Precious Metals
Dealers, of the Code of Ordinances of the City of Milton, Georgia; and,
SECTION 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 4. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 19`h day of December, 2011.
Attest:
Sudie AM Gordon, Citk Clerk
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Approved:
Mayor Joe L k o
CITY OF MILTON, GEORGIA
PRECIOUS METALS DEALERS ORDINANCE
Sec. 1. Applicability of certain sections.
Sec. 2. Definitions.
Sec. 3. Annual Precious Metals Dealer Permit required; duties of holder.
Sec. 4. Precious Metals Dealer Permit prerequisite to issuance of occupation tax
certificate.
Sec. 5. Application for Precious Metals Dealer Permit.
Sec. 5.5. Supplemental Information requires in Application for Precious Metals
Dealer Permit
Sec. 6. Suspension or revocation of Precious Metal Dealer Permit.
Sec. 7. Hearings for denial, suspension or revocation of Precious Metal Dealer
Permit.
Sec. 8. Regulation as to employees and manager.
Sec. 9. Denial, Suspension or Revocation of Work Permits.
Sec. 10. Hearings for the denial, suspension or revocation of Work Permits.
Sec. 11. Records and information to be maintained; display of transaction number.
identification; digital photographs; fingerprints; records storage.
Sec. 12. Daily report to police; required format.
Sec. 13. Property not to be disposed of for 30 days after acquisition; location of
property; police holds.
Sec. 14. Dealing with minors.
Sec. 15. Responsibility for enforcement.
Sec. 16. Penalty for violation.
Sec. 17. Severability.
Sec. 18. Effective date.
Sec. 19. Reserved.
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Sec. 1 - Applicability.
(a) This article shall not apply to any precious metals or goods containing precious metals
obtained from industrial producers, manufacturers, licensed dealers, or distributors.
(b) This article shall not apply to registered scrap metal processors. Scrap metal processors are
not, however, relieved from compliance when the purchase of precious metals or goods
containing precious metals are from persons or sources other than industrial producers,
manufacturers, or licensed dealers or distributors.
(c) This article shall not apply to individuals who merely host an event at a residential location
at which precious metals or goods containing precious metals are purchased or sold provided that
the host does not purchase the precious metals or goods containing precious metals.
Sec. 2. - Definitions.
For purposes of this article, the term:
Automated reporting system means a computer based system specified by the Chief of Police
designed to record and transmit data and information electronically.
Employee means:
(1) Any owner or Precious Metals Dealer who, in the performance of his or her duties or
the management of the business affairs of a Precious Metals Dealer , comes into
contact with members of the public; or
(2) Any person working for an owner or Precious Metals Dealer; or
(3) Any person who is employed on a part-time or full-time basis, either with or without
remuneration, by a Precious Metals Dealer.
Nonpermanent location means any location designated to be used to conduct the aforementioned
business, in any movable vehicle, and temporary or movable structure, including, but not limited
to, vans, mobile homes, trailers, hotels and motels, lodges, or any similar nonpermanent structure
designed by applicant to be used to conduct such business for a limited or specific time.
Permanent location means a business domiciled within a properly constructed building which
must be located within a properly zoned area according to the planning and zoning ordinance.
Police Chief means the Chief of Police for the City of Milton.
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Precious metals means any metals, including but not limited to, in whole or in part, silver, gold,
and platinum, and any gems, including but not limited to diamonds.
Precious Metals Dealer means any person, partnership, sole proprietorship, corporation,
association, establishment, or other entity engaged in the business of purchasing, selling,
bartering, or acquiring in trade any precious metals or gems from persons or sources other than
manufacturers or licensed dealers for resale in its original form or as changed by melting,
reforming, remolding, or for resale as scrap, or in bulk. A person who authorizes the use of
residential property for such purposes without engaging in the business described herein shall not
be a Precious Metals Dealer.
Precious Metals Dealer Permit means a permit issued pursuant to section 3 to the owner or
owners of a business which conducts the operation of the business as a Precious Metals Dealer.
Scrap metal processor means any person, partnership, sole proprietorship, corporation,
association, establishment, or other entity engaged in the business of purchasing, selling,
bartering, or acquiring in trade scrap metal, including but not limited to copper.
Third party administrator means any individual, business, or corporation designated by the Chief
of Police to administer the reporting requirements of this ordinance.
Work permit ID card means a permit authorizing an individual to work at a Precious Metals
Dealer issued pursuant to section 8.
Sec. 3 - Annual Precious Metals Dealer Permit required; duties of holder.
(a) Before beginning the business of operating as a Precious Metals Dealer or similar
business engaged in the business of purchasing, selling, bartering, or acquiring in trade any
precious metals or gems from persons or sources other than manufacturers or licensed dealers for
resale in its original form or as changed by melting, reforming, remolding, or for resale as scrap,
or in bulk in the City of Milton, whether at a permanent location or a nonpermanent location, all
persons shall first file an application with the Milton Police Department for an annual Precious
Metals Dealer Permit to conduct such business. If an application is complete and all
requirements of this article are satisfied, the Police Chief shall issues such a permit.
(b) No person shall be exempt from the provisions of this article by reason of association
temporarily with any dealer or permit holder or by reason of conducting temporary or transient
business in connection with or as a part of the business in the name of any Precious Metals
Dealer or permit holder.
(c) The issuance of such Precious Metals Dealer Permit will be based on a criminal history
background investigation of each applicant. The cost of the permit/criminal history background
investigation shall be the fee listed in the City of Milton Fee Schedule for pawnshop permits, as
approved by the Mayor and Council. This fee is imposed to cover investigative expenses and/or
administrative costs associated with issuing an initial Precious Metals Dealer Permit for all
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owners. This fee is nonrefundable in the event an applicant, for any reason, is not issued a
Precious Metals Dealer Permit.
(d) In the event an owner has more than one Precious Metals Dealer location, then each
location will be assessed the above fee.
(e) Owners are required to renew the Precious Metals Dealer Permit upon expiration thereof
and shall be required to pay the renewal fee listed in the City of Milton Fee Schedule, as
approved by the Mayor and Council.
(f) It shall be the duty of all persons holding a Precious Metals Dealer Permit to file with the
Chief of Police or his or her designee, the name of the establishment, the occupation tax
certificate number, and a list of all employees, including their date of birth, social security
Number, home address and home telephone numbers twice annually; during the month of June
and again during the month of December.
(g) Each person shall furnish the City of Milton a license and indemnity bond conditioned
upon the said principal of said bond faithfully performing the obligations and duties set forth in
this article, as such may be amended from time to time. The purpose of this bond is to indemnify
an save harmless the Milton City Council, its officers and employees, on account of any
judgments, claims, demands or losses by reason of the issuance of the Precious Metals Dealer
Permit to a permittee and to provide a means for payment of losses caused by said permittee's
violation of this article for which said permittee principal has been held responsible for in a civil
court of competent jurisdiction to an owner or former owner of precious metals and items
covered under this article. The bond described herein shall be in the amount of $100,000.00.
Sec. 4 - Precious Metals Dealer Permit prerequisite to issuance of occupation tax
certificate.
No occupation tax certificate required by any rule, regulation or ordinance of the City of Milton
for a business covered by this article shall be granted to any person until a permit required by this
article has been issued or approved by the Milton Police Department.
Sec. 5 - Application for Precious Metals Dealer Permit.
(a) The application for the Precious Metals Dealer Permit required by Section 3 of this article
shall provide, in addition to the information required in Section 5.5 hereunder, the street number
and address at which the business is proposed to be operated.
(b) Each permit issued hereunder shall authorize the conduct of business at one (1) location
only, and persons doing business at more than one location within the City of Milton shall obtain
a separate permit, requiring a separate fee, for each such location.
(c) Any person moving a business licensed hereunder from one (1) location to another shall
notify the City of Milton Police Department, no later than within one (1) day of moving. A new
permit will be issued upon payment of a reasonable fee if the new location conforms to all
applicable ordinances, resolutions, and the City's zoning and other applicable regulations.
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(d) All applicants for a Precious Metals Dealer Permit shall be at least twenty-one (21) years
of age at the time the application is submitted.
Sec. 5.5 — Supplemental Information required in Application for Precious Metals Dealer
Permit
(a) All persons, firms, or corporations desiring to engage in the business, trade or occupation of
a Precious Metals Dealer shall, before engaging in such business, trade or profession, make
application for a Precious Metals Dealer Permit in the form and manner prescribed by the Chief
of Police.
(b) The application shall include but shall not be limited to the following:
(1) Full name, date of birth, address and Social Security Number of applicant.
(2) Full name, address, phone number, date of birth, photograph, and Social Security
Number of all persons having any interest in the proposed business, plus any
additional information, including fingerprints, deemed necessary by the Chief of
Police.
(3) Full names, dates of birth and Social Security Numbers and titles of corporate
officers where appropriate, if this includes individuals over and above those
identified in paragraph (2) above.
(4) Full names, addresses, telephone numbers, dates of birth, title and Social Security
Numbers of individuals to be employed.
(5) A copy of the alcohol, tobacco and firearms license where applicable.
(c) All permits granted under the provisions of this chapter shall expire annually.
(d) Permit holders who desire to renew their permits shall file the application and all applicable
fees with the Police Chief on the form prescribed for renewal of the permit for the following
year. Applications for renewal must be filed on or before the annual deadline provided for all
businesses for filing renewals of occupation tax applications.
(e) All permits granted hereunder shall be for the full calendar year.
(f) It shall be the duty of the renewal applicant to obtain renewal permits as required by this
chapter.
(g) The following permit qualifications shall also apply:
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(1) No permit required by this chapter shall be granted to any person who is not a
citizen of the United States or registered resident alien. Where the owner -
applicant is a partnership or corporation, the provisions of this chapter shall apply
to all its partners, officers, managers and majority stockholders.
(2) Where the applicant is a corporation, a certificate will be issued jointly to the
corporation, president or chief executive officer and to the majority stockholder.
Where the applicant is a partnership, the certificate may be issued to a partner or
general partner.
(3) A permit for the practices listed herein may not be issued where the applicant has
been convicted or pled guilty or entered a plea of nolo contendere to any crime
involving moral turpitude, illegal gambling, or has been convicted of any felonies,
or any crime involving theft or fraudulent practices within a period of ten years
immediately prior to the filing of such application. At the time an application is
submitted for any Precious Metals Dealer permit, the applicant shall, by duly
sworn affidavit, certify that neither the applicant, nor any of the other owners of
the establishment, have been convicted or have plead guilty or entered a plea of
nolo contendere to any crime involving moral turpitude, illegal gambling, or have
been convicted of any felonies, or any crime involving theft or fraudulent
practices. Should any applicant, partner, or officer engaged in operating a
Precious Metals Dealer business, after a certificate has been granted, be convicted
or plead guilty or enter a plea of nolo contendere to any crime involving moral
turpitude, illegal gambling, or any felony, or any crime involving theft or
fraudulent practices, the permit shall be immediately revoked or canceled.
Sec. 6. - Suspension or revocation of Precious Metal Dealer Permit.
(a) A permit may be suspended or revoked by the Police Chief where the permit holder
furnishes fraudulent or untruthful information in the application for a permit and fails to pay all
fees, taxes, or other charges imposed under the provisions of this chapter.
(b) The Police Chief shall revoke the permit for any premises where goods are purchased during
a period of suspension.
(c) The Police Chief may suspend or revoke the permit of any establishment that does not meet
the qualifications set forth in this chapter any time such knowledge becomes known to him/her.
(d) An act or omission of a permit holder, owner of more than twenty percent (20%) interest in
the establishment, or employee of the permit holder or establishment willingly or knowingly
performed, which constitutes a violation of federal or state law or of any provision of this chapter
will subject the permit holder to suspension or revocation of its certificate in accordance with the
provisions of this chapter, when the Police Chief determines to his or her own satisfaction that
the act or omission did occur, regardless of whether any criminal prosecution or conviction
ensues. Provided, however, in the case of an employee, the Police Chief or his or her designee
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must determine that the acts of the employee were known to or under reasonable circumstances
should have been known to the permit holder, were condoned by the permit holder, or where the
IF permit holder has not established practices or procedures to prevent the violation from occurring.
(e) The Police Chief may suspend or revoke the permit of any establishment whenever it can be
shown that a permit holder hereunder no longer maintains adequate financial responsibility upon
which issuance of the certificate was conditioned or whenever the permit holder has defaulted in
any obligation of any kind whatsoever, lawfully owing to the City of Milton.
(f) Wherever this chapter permits the Police Chief to suspend any permit issued hereunder but
does not mandate the period of such suspension, such discretion shall be exercised within the
guidelines of this subsection.
(1) No suspension shall be for a period of time longer than the time remaining on
such permit.
(2) The following factors shall be considered on any revocation or suspension as set
out above:
a. Consistency of penalties mandated by this chapter and those set by the
Police Chief.
b. Likelihood of deterring future wrongdoing.
C. Impact of the offense on the community.
d. Any mitigating circumstances or remedial or corrective steps taken by
permit holder.
e. Any aggravating circumstances or failure by the permit holder to take
remedial or corrective steps.
Sec. 7. - Hearings for the denial, suspension or revocation of Precious Metals Dealer Permit
No permit shall be denied, suspended or revoked without the opportunity for a hearing as
hereinafter provided.
(a)(1) The Police Chief shall provide written notice to the applicant or permit holder of his or
her order to deny, suspend or revoke the permit. Such written notification shall set forth in
reasonable detail the reasons for such action and shall notify the applicant or permit holder of the
right to appeal under the provisions of this chapter. Any applicant or permit holder who is
aggrieved or adversely affected by a final action of the Police Chief may have a review thereof
by appeal to the Board of Zoning Appeals.
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(2) Such appeal shall be by written petition, filed with the Police Chief within 15 days after
the final order or action of the Police Chief and in order to defray administrative costs, must be
accompanied by the filing fee that is the equivalent of those fees for applications for Board of
Zoning Appeals variance, waiver, or appeal. The Police Chief, at his or her discretion, may
waive or reduce the filing fee amount if it is determined the fee would create a hardship on the
individual filing such appeal. The Board of Zoning Appeals may, at the request of the appellant,
refund the filing fee by a majority vote.
(b) A hearing shall be conducted on each appeal within 30 days of the date of filing with the
Police Chief unless a continuance of such date is agreed to by the appellant and the Police Chief.
The appellant at such hearing shall have the right to be represented by an attorney, at the expense
of the appellant, and to present evidence and cross-examine witnesses. Should the appellant
desire an official transcript of the appeal proceedings, then such request must be made at least
three days prior to such hearing. The appellant shall have the burden of proof on any such
appeal. Before hearing an appeal, each member of the Board of Zoning Appeals shall sign an
affidavit to be part of the record that he or she is not related to or personal friends with any the
appellant or any owner of the establishment in question in the appeal being considered and that
he or she has no financial interest in the outcome of the appeal. Should any member be unable to
sign such an affidavit, that member shall not serve on that appeal and the case shall be heard by
the remaining members of the Board of Zoning Appeals.
(c) The findings of the Board of Zoning Appeals shall be forwarded to the Police Chief within
fifteen (15) days after the conclusion of the hearing, and it shall be the duty of the Police Chief to
notify the appellant of the action of the Board of Zoning Appeals.
(d) The findings of the Board of Zoning Appeals shall not be set aside unless found to be:
(1) Contrary to law or ordinances;
(2) Unsupported by substantial evidence on the records as a whole; or
(3) Unreasonable.
(e) The findings of the Board of Zoning Appeals shall be final unless appealed within thirty (30)
days of the date of such finding by certiorari to the Superior Court of Fulton County.
Sec. 8 - Regulation as to employees and managers.
(a) No person shall be employed by a Precious Metals Dealer in any capacity until such
person is found to be in compliance with the qualifications as described in this section and has
paid the fee set forth in the City of Milton Fee Schedule for a Precious Metals Dealer work
permit ID card. This provision applies to all persons having any interest in the proposed business
including each owner, employee, and manager. Upon complying with the requirements of this
chapter, a work permit ID card, authorizing such person to be a Precious Metals Dealer
employee will be issued. The work permit ID card will expire annually, and each employee
and/or manager will be required to renew the work permit ID card on or before the date of
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expiration. All persons having any interest in the proposed business including each owner,
employee, manager, and Precious Metals Dealer shall - while on the Precious Metals Dealer
premises - have in their possession and available for inspection such work permit ID card. It
shall be the duty of the Precious Metals Dealer to insure compliance with the provisions of this
section.
(b) The following qualifications shall apply to all persons having any interest in the proposed
business including each owner, employee and manager:
(1) No work permit ID card shall be issued until such time as a signed application has
been filed with the Milton Police Department and a search of the criminal record
of the person completed. Such application shall include the applicant's name,
fingerprints, Social Security Number, date of birth, and prior arrest record; though
an applicant's arrest record shall be used for investigative purposes only and shall
not give rise to a presumption or inference of guilt. An applicant for a work
permit ID card must also provide positive identification in the form of an official
government issued pictured identification (e.g., driver's license, passport, military
card, or state identification card).
(2) The Chief of Police or his or her designee shall conduct a Georgia Crime
Information Center (GCIC) and National Crime Information Center (NCIC)
records check relative to any police record of the applicant.
(3) In the event the applicant is qualified for employment with a Precious Metals
Dealer under this section and there is no record of a violation of this chapter, the
Chief of Police or his or her designee shall issue a work permit ID card to the
applicant stating that the person is eligible for employment. If it is found that the
person is not qualified for a work permit ID card and therefore ineligible for
employment in a Precious Metals Dealer, the Chief of Police or his or her
designee shall notify the person in writing that they are not eligible for
employment, the cause of such denial, and their right to appeal.
(4) No person who has been convicted or pled guilty or entered a plea of nolo
contendere to any crime involving moral turpitude, illegal gambling, or any
felonies, or any crime involving theft or fraudulent practices for the five years
preceding the date of application shall be issued a work permit ID card. For
purposes of this article, a conviction or plea of guilt or nolo contendere entered
under the Georgia First Offender Act, O.C.G.A. § 42-8-60 et seq., shall not result
in disqualification. Provided, however, that any such offense may be considered if
the defendant violated any term of probation imposed by the court granting first
offender status or committed another crime and the sentencing court entered an
adjudication of guilt as to the crime for which the defendant had previously been
sentenced as a first offender.
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(5) No person shall be issued a work permit ID card if it is determined that the person
falsified, concealed, or misrepresented any material fact by any device, trick, or
scheme while making application to the Milton Police Department for said work
permit ID card under this section.
(6) All work permit ID cards issued through administrative error can be terminated
and seized by the Chief of Police or his or her designee or the Police Chief or his
or her designee upon discovery of the error.
(7) Replacement work permit ID cards will be issued within 10 days of the date on
which the Chief of Police receives a written request for replacement of a lost work
permit ID card, upon paying one-half of the fees charged for work permit ID
cards in subsection 8(a).
(8) All work permit ID cards issued hereunder remain the property of the Milton
Police Department, and shall be produced for inspection upon the demand of any
officer or designee of the Milton Police Department.
(9) No Precious Metals Dealer owner shall allow any employee or manager to work
on the permitted premises (including any temporary location for which a permit
has been issued) unless the employee or manager has in their possession a current
valid work permit ID card. Precious Metals Dealer owners are required by this
section to inspect and verify that each employee or manager has in their
possession a valid current work permit ID card. If the background investigation
indicates that the applicant does not meet the requirements for issuance of a work
permit ID card, the applicant may appeal the denial of the work permit ID card as
provided in this article.
(10) If it is determined that any person issued a work permit ID card has falsified,
concealed, or misrepresented any material fact by any device, trick, or scheme in
the application for the work permit ID card such work permit ID card shall be
revoked or canceled.
(11) Milton employees who are directly involved in the processing and issuance of
work permit ID card or in the regulation of Precious Metals Dealer shall not be
eligible for a work permit ID card.
(12) The City of Milton shall expedite the review, processing, and issuance or
determination of denial of a new work permit ID card upon the payment of an
application fee equal to 1 %i times the ordinary fee set forth in the City of Milton
Fee Schedule for a Precious Metals Dealer work permit ID card. For purposes of
this paragraph, an expedited review shall mean review, processing and issuance or
determination of denial within five (5) business days of receipt of an application.
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Sec. 9. - Denial, suspension or revocation of permits.
Any permit required by this article may be denied, suspended or revoked by the Chief of Police
or his or her designee where the Precious Metals Dealer or employee furnishes fraudulent or
untruthful information in the application for a permit or fails to meet all qualifications set forth
under the provisions of this article.
Sec. 10. - Hearings for denial, suspension or revocation of permits.
No permit required by this article shall be denied, suspended or revoked without the opportunity
for a hearing as hereinafter provided.
(a)(1) The Chief of Police or his or her designee shall provide written notice to the applicant of
his or her order to deny, suspend or revoke the permit. Such written notification shall set forth in
reasonable detail the reasons for such action and shall notify the applicant of the right to appeal
under the provisions of this chapter. Any applicant who is aggrieved or adversely affected by a
final action of the Chief of Police may have a review thereof by appeal to the Board of Zoning
Appeals.
(2) Such appeal shall be by written petition, filed in the office of the Police Chief within 15
days after the final order or action of the Chief of Police and in order to defray administrative
costs, must be accompanied by the filing fee listed in the department of planning and
development's fee schedule under applications for Board of Zoning Appeals variance, waiver,
appeal. The Police Chief, at his or her discretion, may waive or reduce the filing fee amount if it
is determined the fee would create a hardship on the individual filing such appeal. The Board of
Zoning Appeals may, at the request of the appellant, refund the filing fee by a majority vote.
(b) A hearing shall be conducted on each appeal within 30 days of the date of filing with the
Police Chief unless a continuance of such date is agreed to by the appellant and the Police Chief.
The appellant at such hearing shall have the right to be represented by an attorney, at the expense
of the appellant, and to present evidence and cross-examine witnesses. Should the appellant
desire an official transcript of the appeal proceedings, then such request must be made at least
three days prior to such hearing. The appellant shall have the burden of proof on any such
appeal. Before hearing an appeal, each member of the Board of Zoning Appeals shall sign an
affidavit to be part of the record that he or she is not related to or personal friends with any
owner of the establishment in question in the appeal being considered and that he or she has no
financial interest in the outcome of the appeal. Should any member be unable to sign such an
affidavit, that member shall not serve on that appeal and the case shall be heard by the remaining
members of the Board of Zoning Appeals.
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(c) The findings of the Board of Zoning Appeals shall be forwarded to the Police Chief
within fifteen (15) days of conclusion of the hearing, and it shall be the duty of the Police Chief
to notify the appellant of the action of the Board of Zoning Appeals.
(d) The findings of the Board of Zoning Appeals shall not be set aside unless found to be:
(1) Contrary to law or ordinances; or
(2) Unsupported by substantial evidence on the records as a whole; or
(3) Unreasonable.
(e) The findings of the Board of Zoning Appeals shall be final unless appealed within thirty
(30) days of the date of such finding by certiorari to the Superior Court of Fulton County.
Sec. 11. - Records and information to be maintained; display of transaction number;
identification; digital photographs; fingerprints; records storage.
(a) Engaging in the business of buying used or previously owned precious metals within the
incorporated areas of Milton is hereby declared to affect the public interest due to the
opportunity it affords for the disposal of stolen property.
(b) In the public interest and as set forth herein, all Precious Metals Dealer s shall maintain
records documenting all precious metals transactions as set forth herein.
(1) All Precious Metals Dealers shall maintain records documenting accurate
descriptions of all property sold to the Precious Metals Dealer. Such description
shall include, to the extent possible, the manufacturer, model, serial number, style,
material, kind, color, design, number of stones if jewelry, and all other identifying
names, marks, and numbers. The Precious Metals Dealers shall assign a
transaction number documenting each transaction, and ensure each item received
is tagged with the transaction number.
(2) A well focused, properly exposed, color digital photograph of all property sold to
the Precious Metals Dealer shall be made at the time of acquisition of any article
and of the article's serial number, which number shall be clearly visible and
readable in the images if imprinted on the article. If the article was never
imprinted with any type of serial number, then the image shall show the entire
article. All such digital images shall be labeled and stored in such a manner that
they are safe from corruption, readily identifiable, and readily available for
review.
(3) The tag bearing the transaction number must remain attached to the item until the
property is disposed of by sale, trade, or other lawful means. This subsection
does not apply to the purchase of property from licensed wholesale or distributor
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businesses for the purpose of retail sales; however the precious metals brokers
shall be required to maintain all purchasing records for property exempted from
this subsection.
(4) All Precious Metals Dealer s shall require all persons selling, bartering, or trading
property to show proper identification prior to conducting a Precious Metals
Dealer transaction. Proper identification is defined as a government issued
photo identification card such as a driver's license, military identification card,
state identification card, or passport.
(5) All Precious Metals Dealers shall also document the name, address, telephone
number, race, sex, height, weight, drivers' license number, date of birth, and
Social Security Number of the person selling, bartering, or trading the property,
along with the date and time of transaction. This documentation shall be made at
the time of the transaction.
(6) All Precious Metals Dealers shall take a well focused, properly exposed, color
digital photograph of the person selling, bartering, or trading the property. The
photograph shall clearly show a frontal view of the subject's face along with the
broker's ticket transaction number. Digital images shall be labeled and stored in
such a manner that they are safe from corruption, readily identifiable, and readily
available for review.
(7) All Precious Metals Dealers shall obtain from each person selling, bartering, or
trading any property, the fingerprint (using an electronic digital fingerprint
scanner) of the right hand index finger, unless such finger is missing, in which
event the print of the next finger in existence on the right hand shall be obtained
with a notation as to the exact finger printed. The fingerprint shall be imprinted
onto the transaction form in the designated area along with the signature of the
person selling, bartering, or trading the property. The fingerprint must be clear
and legible. In the event that more than one transaction form is required, a
fingerprint and signature shall be obtained for each form. Fingerprints and the
information required herein shall be obtained each time such person sells, barters,
or trades any property.
(8) Items of property that appear to be new, unused, and in their original packaging
cannot be accepted by the Precious Metals Dealer unless the customer can supply
a copy of the original sales receipt, or other proof of purchase from the place of
purchase, to the Precious Metals Dealer who shall retain the receipt or proof of
purchase on file.
(9) All Precious Metals Dealers shall store the above records, digital images, and
digital fingerprints for a period of four (4) years and make them available to law
enforcement personnel upon request.
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(10) All Precious Metals Dealers shall enter each transaction as it occurs into the
electronic automated reporting system via the internet to the administrator of the
electronic automated reporting system. The administrator of the electronic
automated reporting system will electronically transmit all transactions to the
Milton Police Department.
Sec. 12. - Daily report to police; required format.
(a) All Precious Metals Dealers shall make a daily report, in such form as may be prescribed
by the Chief of Police, of all Precious Metals Dealer transactions that occurred during 24 hours
ending at 9:00 p.m. on the date of the report.
(b) Daily reports shall list all property bought, sold, bartered or acquired by trade, the
transaction number for each transaction, and a description of the property including, to the extent
possible, the manufacturer, model, serial number, style, material, kind, color, design, number of
stones if jewelry, and any other identifying names, marks, and numbers. The daily report shall
also list the name, address, race, sex, height, weight, driver's license number, date of birth, and
Social Security Number of the person selling, bartering, or trading the property, along with the
date and time of the transaction.
(c) All Precious Metals Dealers shall enter each transaction as it occurs into the electronic
automated reporting system via the internet to the administrator of the electronic automated
reporting system. The administrator of the electronic automated reporting system will
electronically transmit all transactions to the police department.
(d) In the event that the electronic automated reporting system becomes temporarily or
permanently disabled, the Precious Metals Dealer will be required to make records of
transactions in paper form as prescribed by the Milton Police Department. Precious Metals
Dealers shall be responsible for maintaining an adequate inventory of these forms.
(e) The Chief of Police or his or her designee shall select and designate the required
automated reporting system.
(f) To the extent allowed by law, the Chief of Police may, in his or her discretion, authorize
any person who demonstrates theft of precious metals or gems by the presenting of an incident
report or other similar document to inspect the reports in an effort to locate stolen property.
Sec. 13. — Property not to be disposed of for 30 days after acquisition; location of property;
police holds.
(a) All property received through any Precious Metals Dealer transaction shall be held for at
least 30 days before disposing of same by sale, transfer, shipment, or otherwise.
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(b) All property purchased shall be held and maintained by the Precious Metals Dealer on the
premises of the Precious Metals Dealer or, if impracticable, at such other location as may have
been previously approved in writing by the Chief of Police or his or her designee. The Chief of
Police shall not approve any off -premises storage facilities located outside the city limits of
Milton.
(c) The Milton Police Department has the authority to place property that is the subject of
police investigation on "police hold." In that event, the Milton Police Department shall notify the
Precious Metals Dealer of the need for a police hold and identify all property subject to the
police hold. Upon notification, it shall be the responsibility of the Precious Metals Dealer to
maintain the subject property until such time as the property is released from police hold status
or the property is confiscated as evidence.
Sec. 14. - Dealing with minors.
It shall be unlawful for any Precious Metals Dealer, his or her agents or employees, to receive
through any Precious Metals Dealer any property from minors. A minor, for the purpose of this
article, is an individual 17 years of age or under.
Sec. 15. - Resvonsibility for enforcement.
The Milton Police Department shall have the responsibility for the enforcement of this article.
Sworn officers of the Milton Police Department and civilian employees designated by the Chief
of Police shall have the authority to inspect establishments licensed under this chapter during the
hours in which the premises are open for business. These inspections shall be made for the
purpose of verifying compliance with the requirements of this article and state law. This section
is not intended to limit the authority of any other Milton officer to conduct inspections
authorized by other provisions of the Code of Milton, Georgia.
Sec. 16. - Penalty for violation.
Any person, firm, company, corporation or other entity who violates any provision of this article
may be subject to arrest or summoned to appear in the Municipal Court of the City of Milton and
upon conviction or other finding of guilt, be punished by a fine of up to $1,000.00 or six months
imprisonment, or both.
Sec. 17. - Severability.
If any portion of this article is declared by a court of competent jurisdiction to be invalid or
unenforceable, such declaration shall not be deemed to affect the remaining portions of this
article.
Sec. 18. - Effective date.
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The provisions of this article shall be effective 60 days following the approval by the Mayor and
City Council.
Sec. 19. - Reserved.
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