Sec. 21-100. License required. Fee. Record of transactions. Payment terms.
Weekly statement. Penalties. (a) No person may engage in or carry on the business of
purchasing gold or gold-plated ware, silver or silver-plated ware, platinum ware,
watches, jewelry, precious stones, bullion or coins unless such person is licensed by the
licensing authority of the municipality in which such person intends to carry on such
business; except that the provisions of this subsection shall not apply to the purchase
of such items from a wholesaler by a manufacturer or retail seller whose primary place
of business is located in this state. Such person shall pay an annual fee of ten dollars
for such license. The license may be revocable for cause, which shall include, but not
be limited to, failure to comply with any requirements for licensure specified by the
licensing authority at the time of issuance. The licensing authority shall refuse to issue
a license under this subsection to a person who has been convicted of a felony and may
require any applicant for a license to submit to state and national criminal history records
checks. If the licensing authority requires such criminal history records checks, such
checks shall be conducted in accordance with section 29-17a. For the purposes of this
subsection "wholesaler" means a person in the business of selling tangible personal
property to be resold at retail or raw materials to be manufactured into suitable forms
for use by consumers.
(b) Any person who wilfully engages in the business of a precious metals or stones dealer, unless licensed in accordance with this section or after notice that such person's license has been suspended or revoked, shall be guilty of a class D felony.
(c) Each such licensee shall keep a record in which such licensee shall note at the time of each transaction a description of the property purchased and the price paid for them, the name and address of the person selling the goods and the date and hour any such property was received. Each such licensee shall demand positive identification from the person selling the article and the type or form of identification received shall be noted in the record. Any state police officer or municipal police officer shall have access to the record required to be kept under this section and may inspect the place where the business is carried on as well as any goods purchased or received. The licensee shall maintain a place of business within this state, at which the goods purchased or received and the required records shall be available for such inspection.
(d) No licensee may purchase any property from a minor unless such minor is accompanied by a parent or guardian.
(e) Each such licensee may only pay for property received by check or money order and no cash shall be transferred to either party in the course of a transaction subject to the provisions of this section. Any licensee who pays cash or cashes a check or money order shall be guilty of a class A misdemeanor. No licensee may advertise that he or she will pay for property received with cash.
(f) At the time of making any purchase each licensee shall deliver to the person selling property a receipt containing the information required to be recorded in subsection (c) of this section, the amount paid for any property sold and the name and address of the purchaser.
(g) Upon request of the licensing authority each such licensee shall make a weekly sworn statement, describing the goods received and setting forth the name and address of each person from whom goods were purchased, to the licensing authority of each municipality in which the licensee transacted business that week. Such sworn statement shall not be deemed public records for the purposes of the Freedom of Information Act, as defined in section 1-200.
(h) Any person who violates any provision of this section, for which no other penalty is provided, shall be fined not more than one thousand dollars.
(P.A. 80-477, S. 1, 2; P.A. 81-204; P.A. 83-509, S. 2, 3; P.A. 97-47, S. 23; 97-164, S. 9; P.A. 01-175, S. 19, 32; P.A. 11-100, S. 12.)
History: P.A. 81-204 required a police chief or first selectman to refuse issuance of a license to persons convicted of a felony, allowed such officials to fingerprint applicants, provided that the price paid be included in the record and required that no cash be given in a transaction; P.A. 83-509 amended provisions of Subsec. (a) concerning licensure by providing that cause for revocation of license shall include, but not be limited to, failure to comply with any requirements for licensure specified by the licensing authority at the time of issuance; P.A. 97-47 substituted reference to "the Freedom of Information Act" for list of sections in Subsec. (e); P.A. 97-164 amended Subsec. (a) to require any fingerprints taken to be submitted to the F.B.I. for a national criminal history records check; P.A. 01-175 amended Subsec. (a) by making a technical change for purposes of gender neutrality and replacing language re fingerprinting and national criminal history records check with language re state and national criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001; P.A. 11-100 added new Subsec. (b) re penalty for wilfully engaging in business of a precious metals or stones dealer without a license or after notice that license has been suspended or revoked, redesignated existing Subsecs. (b) to (f) as Subsecs. (c) to (h), amended Subsec. (c) to add requirement for licensee to maintain a place of business within the state, amended Subsec. (e) to add provisions re penalty for licensee who pays cash for property received or cashes a check or money order, made conforming changes re definitions in Sec. 21-39a added by same act, and made technical changes.
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