Chapter 5.70
SECONDHAND PRECIOUS METAL DEALERS
Sections:
5.70.020 RCW statutes adopted.
5.70.026 Holds on stolen property.
5.70.100 Violation and penalty.
5.70.010 Definitions.
The following definitions apply to this chapter:
1. “Melted metals” means metals derived from metal junk or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been processed.
2. “Precious metals” means gold, silver, and platinum.
3. “Secondhand precious metal dealer” means any person or entity engaged in whole or in part in the commercial activity or business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, more than three times per year, secondhand property that is a precious metal, whether or not the person or entity maintains a permanent or fixed place of business within the state, or engages in the business at flea markets or swap meets. The terms “precious metal” and “secondhand property,” for purposes of transactions by a secondhand precious metal dealer, do not include: (a) gold, silver, or platinum coins, or other precious metal coins, that are legal tender, or precious metal coins that have numismatic or precious metal value, (b) gold, silver, platinum, or other precious metal bullion, or (c) gold, silver, platinum, or other precious metal dust, flakes, or nuggets.
4. “Transaction” means a pledge, or the purchase of, or consignment of, or the trade of any item of personal property by a pawnbroker or a secondhand dealer from a member of the general public. (Ord. 2012-19 § 1 (part), 2012).
5.70.020 RCW statutes adopted.
The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:
RCW
19.60.057 Retention of precious metal property—Inspection.
19.60.067 Secondhand precious metal dealers—Prohibited acts—Penalty.
19.60.077 Precious metal dealers—Licensure required.
19.60.095 Precious metal sales—Hosted home parties.
(Ord. 2015-012 § 8, 2015: Ord. 2012-19 § 1 (part), 2012).
5.70.021 Register.
Every secondhand precious metal dealer doing business in the city of Yakima shall at all times keep and maintain in his place of business a book or other permanent record, in which shall be legibly written in the English language, at the time of each purchase or sale, a record thereof containing:
1. The signature of the person with whom the transaction is made;
2. The date of the transaction;
3. The name of the person or employee conducting the same;
4. The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made;
5. The street and house number of the place from which the property purchased was last removed;
6. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a driver’s license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified, and a full copy of the front of each piece of identification used by the person with whom the transaction was made. At all times, one piece of current government issued picture identification will be required;
7. A complete description of the precious metal property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, pattern, and color of stone or stones and a photograph of the property;
8. The price paid;
9. The number of any contract received or other document evidencing the transaction. Such record and all goods received and purchased shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection of the chief of police or any other police officer of the city of Yakima, and shall be maintained wherever that business is conducted for three years following the date of the transaction. (Ord. 2015-012 § 9, 2015).
5.70.025 Daily report.
Every secondhand precious metal dealer doing business in the city of Yakima, at the request of the chief of police, shall before noon of every day report, in the manner prescribed by the chief of police, a full, true and correct transcript of the records of all purchases made and the transactions had on the preceding day, and if he has good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the person, if known, the time when purchased, and the name of the person from whom the same was received by him. (Ord. 2015-012 § 10, 2015).
5.70.026 Holds on stolen property.
Following notification from a law enforcement agency that an item of property has been reported as stolen, the secondhand precious metal dealer shall hold that property intact and safe from alteration, damage, or commingling. The secondhand precious metal dealer shall place an identifying tag or other suitable identification upon the property so held. Property held shall not be released for one hundred twenty days from the date of police notification unless released by written consent of the applicable law enforcement agency or by order of a court of competent jurisdiction. In cases where the applicable law enforcement agency has placed a verbal hold on an item, that agency must then give written notice within ten business days. If such written notice is not received within that period of time, then the hold order will cease. The secondhand precious metal dealer shall give a twenty-day written notice before the expiration of the one-hundred-twenty-day holding period to the applicable law enforcement agency about the stolen property. If notice is not given within twenty days, then the hold on the property shall continue for an additional one hundred twenty days. The applicable law enforcement agency may renew the holding period for additional one-hundred-twenty-day periods as necessary. After the receipt of notification from a secondhand precious metal dealer, if an additional holding period is required, the applicable law enforcement agency shall give the secondhand precious metal dealer written notice, prior to the expiration of the existing hold order. A law enforcement agency shall not place on hold any item of personal property unless that agency reasonably suspects that the item of personal property is a lost or stolen item. Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost. (Ord. 2015-012 § 11, 2015).
5.70.030 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 2012-19 § 1 (part), 2012).
5.70.100 Violation and penalty.
1. Violation of any of the provisions of this chapter shall be treated as a gross misdemeanor.
2. In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary. (Ord. 2015-012 § 12, 2015).