Chapter 1301:8-6 Precious Metal Dealers

1301:8-6-01 Definitions.

As used in this chapter:

(A) "Division" means the division of financial institutions.

(B) "Licensee" means any person licensed under Chapter 4728. of the Revised Code.

(C) "Permit holder" means any licensee who has been issued a temporary exhibition permit by the superintendent under division (C) of section 4728.04 of the Revised Code.

Effective: 02/02/2007
R.C. 119.032 review dates: 11/15/2006 and 11/15/2011
Promulgated Under: 119.03
Statutory Authority: 4728.10
Rule Amplifies: 4728.04 , 4728.10
Prior Effective Dates: 12-30-88

1301:8-6-02 Licenses.

(A) Different names and locations: No licensee shall transact or solicit business under any other name than that contained in his license or at any location other than the address stated in the license.

(B) Licenses nontransferable: Licenses issued under Chapter 4728. of the Revised Code are not transferable or assignable.

(C) Change of address: No licensee may move his business location without prior notification to the superintendent. If the new location is outside the municipal corporation or county in which he was originally licensed, the licensee shall pay an additional license fee in accordance with section 4728.03 of the Revised Code.

R.C. 119.032 review dates: 11/15/2006 and 11/15/2011

Promulgated Under: 119.03

Statutory Authority: 4728.10

Rule Amplifies: 4728.04

Prior Effective Dates: 12-30-88

1301:8-6-03 Books and records.

(A) Maintenance and use: Every licensee shall keep and use an intelligible set of books and records in the English language in complying with section 4728.06 of the Revised Code with respect to recording the details of each purchase. All information required to be recorded by section 4728.06 of the Revised Code shall be entered in a bound book or on loose-leaf, permanent forms used exclusively for that purpose. Forms shall be identical and consecutively numbered, each of which shall be of two or more pages. One part of each form shall be detachable and, when completed, shall serve as the statement to be given by the licensee to the seller as provided by section 4728.06 of the Revised Code. The remaining part of the form shall be retained in the licensee's permanent records. All forms shall be accounted for.

(B) Partially completed purchase forms: No licensee shall require a seller to affix his signature to a blank or partially filled out purchase form.

(C) Preservation of records: Every licensee shall preserve his books, forms, accounts, and records for at least two years after making the final entry regarding any purchase of property recorded therein.

(D) Inspection of books and records: All books, forms, and records, and all other sources of information with regard to the business of the licensee, shall at all times be available for inspection by the division for the purpose of assuring that the business of the licensee is being transacted in accordance with law. All purchased items shall be kept at the licensed location for seventy-two hours from the time of purchase. All books, forms, records, etc., shall be kept at the licensed location.

(E) Proper names and address on forms: All purchase forms and receipt forms shall reflect the name under which the licensee is registered with the division and the complete address of his place of business.

R.C. 119.032 review dates: 11/15/2006 and 11/15/2011

Promulgated Under: 119.03

Statutory Authority: 4728.10

Rule Amplifies: 4728.04 , 4728.05 , 4728.06 , 4728.09

Prior Effective Dates: 12-30-88

1301:8-6-04 Stolen property.

Every person licensed under Chapter 4728. of the Revised Code shall post a conspicuous notice in the main lobby of the licensee's place of business. Such notice shall be in printed letters no less than one-half inch in height, shall be visible to all patrons, and shall read: "The licensee at this establishment has no right to retain property stolen from the true owner and the owner may recover any such property or its value from the licensee in an action at law."

R.C. 119.032 review dates: 11/15/2006 and 11/15/2011

Promulgated Under: 119.03

Statutory Authority: 4728.10

Rule Amplifies: 4728.04 , 4728.09

Prior Effective Dates: 12-30-88

1301:8-6-05 Posting business hours.

Every licensee shall post at the main door of his place of business the hours or time when his establishment is and will be open for business. A licensee shall notify the division of any change of his posted hours of operations. Except with respect to a closing due to an act of God, unforeseen emergencies, or other events beyond the control of the licensee, the failure of a licensee to keep posted hours shall be considered a violation of these rules.

R.C. 119.032 review dates: 11/15/2006 and 11/15/2011

Promulgated Under: 119.03

Statutory Authority: 4728.10

Rule Amplifies: 4728.04 , 4728.06 , 4728.10

Prior Effective Dates: 12-30-88

1301:8-6-06 Temporary permit.

(A) Application for permit: A licensee who wishes to be issued a temporary exhibition permit under the provisions of division (C) of section 4728.04 of the Revised Code shall make a request for such issuance by letter addressed to the superintendent. The letter of request shall contain the licensee's name, permanent business address, and license number.

(B) Display of permit: Upon issuance of a temporary exhibition permit, the permit holder shall conspicuously display his permit at the place where he transacts business at any auction, convention, exhibition, fair, or show for a period not exceeding seven days for any one event.

(C) Notice of permit use: Every permit holder who wishes to participate in an auction, convention, exhibition, fair, or show, shall at least two weeks prior to its opening, notify the superintendent or the head of the local police department with jurisdiction at the location of the event. Such notification shall be by letter and shall include the permit holder's name, permanent business address, and permit number, and the place where the event is scheduled to be held.

R.C. 119.032 review dates: 11/15/2006 and 11/15/2011

Promulgated Under: 119.03

Statutory Authority: 4728.10

Rule Amplifies: 4728.04

Prior Effective Dates: 12-30-88