PRECIOUS METALS

Southaven Code of Ordinances tit. VIII, ch. 4

in effect

Southaven Code of Ordinances § 8-96 Definitions.

Sec. 8-96. - Definitions. (1) As used in this section, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise: (a) "Dealer" or "broker" means any person, corporation or partnership that engages in the business of purchasing precious items for the purpose of reselling such items in any form. The term "dealer" does not include a manufacturer, retail merchant, pawnbroker licensed under the Mississippi Pawnshop Act (Article 7, Chapter 67, Title 75, Mississippi Code of 1972) or person in the wholesale business, nor does it include any person who purchases precious items at a social gathering in a private residence. (b) "Permanent place of business" means a fixed premises either owned by the dealer or leased by the dealer for at least one (1) year. (c) "Precious item" means any of the following: (i) An article made, in whole or in part, of gold, silver or platinum. (ii) Precious or semiprecious stones or pearls, whether mounted or unmounted. (d) "Purchase" means the acquisition of a precious item or items for a consideration of cash, goods or another precious item. (2) This section shall not apply to any person who purchases precious items from a retail merchant, pawnbroker licensed under the Mississippi Pawnshop Act, manufacturer or wholesale dealer, nor does it apply to any person who purchases precious items at a social gathering in a private residence. (3) For purposes of this section, the term "private residence" means a separate dwelling or a separate apartment in a multiple dwelling, which is occupied by members of a single-family unit. (Ord. No. 37, § 1, 5-5-87; Res. of 4-15-14(2))

Southaven Code of Ordinances § 8-97 Permit required.

Sec. 8-97. - Permit required. Every person, firm, corporation, partnership or other entity, their officers, agents or employees, who shall engage in acquiring, purchasing or otherwise dealing in antique, used or scrap jewelry, gems, flatware, silverware, silver, gold or other precious metals in whatever form shall be required to obtain a permit from the city clerk prior to engaging in such business, which permit shall be valid for not more than one (1) year. (Ord. No. 37, § 2, 5-5-87)

Southaven Code of Ordinances § 8-98 Information required to obtain permit.

Sec. 8-98. - Information required to obtain permit. To obtain a permit under this chapter, applicants shall supply to the city clerk the following information: (1) Name, social security number and date of birth of applicant and, if a corporation, firm, partnership or other entity, the names, social security numbers and dates of birth of all officers and directors (and/or members of the firm or partnership, etc.) who shall be designated as to their office; (2) Address of the applicant and in addition if a corporation, firm, partnership or other entity, the addresses of all officers and directors, firm members or partners; (3) Names of employees, social security numbers and dates of birth and their addresses; (4) Criminal convictions, other than traffic offenses, of the applicant, officers, directors, firm members or partners and employees; (5) Street address of the place from which business is to be conducted; (6) A recent photograph of the applicant, officers, directors, firm members, partners and employees will be required. (Ord. No. 37, § 3, 5-5-87)

Southaven Code of Ordinances § 8-99 Privilege license.

Sec. 8-99. - Privilege license. As a prerequisite to the issuance of a permit to broker in acquiring, purchasing or otherwise dealing in antique, used or scrap jewelry, gems, flatware, silverware, silver, gold or other precious metals, it shall be required to obtain a privilege license to operate a business within the corporate limits of Southaven, Mississippi. (Ord. No. 37, § 4, 5-5-87)

Southaven Code of Ordinances § 8-100 Log of transactions required.

Sec. 8-100. - Log of transactions required. (1) Each dealer or broker shall keep the following information for six (6) months from the date of purchase of a precious item: (a) The name, current address, date of birth and signature of the person from whom the dealer purchased the item. (b) A description of the person, including height, weight, race, complexion and hair color. (c) A copy and the serial number of a valid identification card number, as required under subsection (2). (d) A list describing the items purchased from that person. Upon the request of the Southaven Police Department, the dealer must make available any of the information required under this subsection. (2) Before making a purchase, a dealer or broker shall require the person from whom he or she is purchasing the precious item to identify himself or herself with a valid driver's license, non-driver's identification card, armed services identification card or other valid photo identification sufficient to obtain the information required under subsection (1). The photo identification must contain a traceable serial number, which must be recorded by the dealer. The Southaven Police Department shall make available to each dealer a list of the forms of photo identification that are acceptable under this chapter. (3) Each dealer or broker, at least once each week in which he or she makes a purchase, shall make out and deliver to the Southaven Police Department a true, complete and legible list of all items purchased during the period since the last report. If the Southaven Police Department has issued forms for the making of the reports, the dealer must use those forms to meet the requirements of this subsection. The list of items must include the following: (a) The brand name and serial number, if any, of the item or items purchased. (b) An accurate description of each item sufficient to enable the Southaven Police Department identify the item. (c) The date and time when the item was received. (d) The amount paid for each item. (e) All information required under subsection (1) of this section. (Ord. No. 37, § 5, 5-5-87; Res. of 4-15-14(2))

Southaven Code of Ordinances § 8-101 Information cards for pawned articles.

Sec. 8-101. - Information cards for pawned articles. (a) In addition to the book provided for in section 8-100, every broker, at the time of receiving any article or articles in the conduct of his business, shall place a description of the article or things sold or traded, upon the front side of a blank card, three (3) inches by five (5) inches in size, which card shall be provided by the broker. The description to be given of such article shall be such description as may be called for by the blank form on such card. The broker shall fill in such other blank spaces as may appear on the front side of such blank form card, with the date as is requested by the blank spaces. A separate card shall be provided and used for each article pledged, received or taken. (b) On the back of each blank form card there shall be written by the pledgor, in his own handwriting, his name and address; and such pledgor shall also reproduce thereon his right thumbprint at the place indicated therefor on the back of such card. If the right thumb is amputated, then such other fingerprint as required by the broker shall be taken and such fingerprint fully described and designated upon the card. This thumbprint shall be reproduced and taken in the usually approved manner and shall not be blurred or obliterated. The broker shall then fill in a description of the party so pledging or leaving any such article as the remaining spaces on the back side of such form card may call for. (c) The cards provided for by this section shall be on such forms as are prescribed by the chief of police and shall contain such information as required by him as to specific items or property sold to or otherwise received by the broker. (Ord. No. 37, § 6, 5-5-87)

Southaven Code of Ordinances § 8-102 Items must remain unchanged; waiting period prior to resale.

Sec. 8-102. - Items must remain unchanged; waiting period prior to resale. (1) Any item purchased must be held in the dealer's or broker's custody in the same shape and form for which it was receipted for fifteen (15) business days after delivering the list of items required under section 8-100 to the Southaven Police Department. (2) A dealer or broker may make payment to a seller only by check made payable to a named actual intended seller. (3) It is presumptive evidence of intent to violate this ordinance if the items purchased are not listed or fail to agree with the description contained in the required list. (4) On notification by the Southaven Police Department or district attorney's office that the items purchased are the fruits of a crime, a dealer may not dispose of those items. (5) A dealer may not purchase items from any person under eighteen (18) years of age unless the person is accompanied by a parent or guardian who submits the identification required under section 8-100. (Ord. No. 37, § 7, 5-5-87; Res. of 4-15-14(2))

Southaven Code of Ordinances § 8-103 Persons from whom purchases not to be accepted.

Sec. 8-103. - Persons from whom purchases not to be accepted. A person licensed under this chapter shall not take any article by purchase or trade from any person appearing to be intoxicated, nor from any person known to such broker to be a thief, or to have been convicted of larceny, burglary, robbery or housebreaking, without first notifying the police department, nor shall he take any article from the same person more than three (3) days within the same week without first notifying the police department. (Ord. No. 37, § 8, 5-5-87)

Southaven Code of Ordinances § 8-104 Reserved.

Southaven Code of Ordinances § 8-105 Violations; penalty.

Sec. 8-105. - Violations; penalty. A violation of this ordinance is a misdemeanor punishable by a fine of not more than one thousand dollars ($ 1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both fine and imprisonment. (Ord. No. 37, § 10, 5-5-87; Res. of 4-15-14(2))

Source: City of Southaven, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/southaven/codes/code_of_ordinances?nodeId=CO_TITVIIILIMIBURE_CH4PRMEFetched: 11/1/2026