Public Hearing: Ordinance Pawnbrokers, Dealers in Precious Metals & Gems and Scrap Metal Purchasers. November 10, 2015
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1 Public Hearing: Ordinance Pawnbrokers, Dealers in Precious Metals & Gems and Scrap Metal Purchasers November 10, 2015
2 State Law Authority Code of Virginia authorizes localities to regulate Pawnbrokers (Va. Code , ) Dealers in precious metals & gems (Va. Code ) Scrap metal purchasers (Va. Code , ) Proposed ordinance would enable Hanover to regulate these types of businesses operating in the County. Enabling legislation leaves Hanover with some discretion in its regulation of these businesses.
3 Chapter 12.5 Law Enforcement Article III Pawnbrokers Would require pawnshop operators to obtain a license, following certain requirements, through the Sheriff s Office. Would limit the number of pawnshops in Hanover at any given time to 3. Would require pawnbrokers to maintain electronic records of each loan or transaction. Records would need to be Available for inspection by law enforcement Retained for 1 year Electronically submitted daily to the Sheriff s Office
4 Article III Pawnbrokers (continued) Pawnbrokers would be prohibited from selling pawned items for 30 days after the transaction. Would limit the amount of interest pawnbrokers can charge. Pawnbrokers would be required to store and care for all tangible property in their possession. Penalties for violations: Any violation class 4 misdemeanor; suspension or revocation of license Operating without a license class 1 misdemeanor
5 Article IV Dealers in Precious Metals & Gems Dealers would be required to obtain a permit, following certain requirements, through the Sheriff s Office. Dealers would be required to notify the Sheriff s Office of all closings and re-openings other than Saturdays, Sundays and holidays. Dealers would be required to maintain electronic records of each purchase of precious metals or gems and each transaction involving removal of precious metals or gems not owned by the dealer. Records would need to be Available for inspection by law enforcement Retained for 2 years Electronically submitted to the Sheriff s Office
6 Article IV Dealers in Precious Metals & Gems (continued) Would prohibit precious metals or gems purchases until the seller s identity and ownership of the item are confirmed. Would prohibit purchases from minors and from individuals the dealer believes do not own the item they re selling. Would prohibit dealers from reselling purchased items for 15 days after the transaction. Penalties for violations of any provision of the ordinance: First violation 1 year permit suspension; class 2 misdemeanor Subsequent violations 2 year permit suspension; class 1 misdemeanor Ordinance would not apply to the sale/purchase of coins; financial institutions that buy & sell gold and silver bullion.
7 Article V Scrap Metal Purchasers Would require no license or permit. Would set requirements for purchases of ferrous scrap and for purchases of nonferrous scrap, metal articles and proprietary articles. Would authorize the purchase of ferrous scrap from anyone other than minors. If purchasing nonferrous scrap, metal articles or proprietary articles from a non-authorized seller, purchaser would have to require seller to provide proof of identity and ownership, purchaser would be required to keep an electronic record of the transaction, and would be required to take a photo/video of the article and retain photo/video for 30 days. Would require daily electronic reporting to the Sheriff s Office of all purchases of nonferrous scrap, metal articles and proprietary articles.
8 Article V Scrap Metal Purchasers (continued) Would require dealers to retain their records for 5 years and make them available for inspection by law enforcement. Would prohibit purchases from minors. Penalties for violations: $7,000 maximum civil penalty (payable to the County) Class 1 misdemeanor Ordinance would not apply to purchase/sale/disposal of materials used in the provision of health care.
9 Recommended Action Approve proposed Ordinance Pawnbrokers, Dealers in Precious Metals & Gems, and Scrap Metal Purchasers
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