§ 863.241. Legislative findings
It is hereby declared and found that because of the increase of incidents of property
theft, the increase of the price of precious metals and gems, the ease with which some
second-hand dealers buy and sell precious metals and gems without requiring identification
or proof of ownership, these second-hand precious metal and gem dealers represent
to persons involved in crime an opportunity to dispose of stolen property. For
business enterprises to be allowed to continue to operate without laws to control and
regulate the purchase of such articles not only jeopardizes the property rights of many
people, but also extremely hampers the police agencies in their efforts to recover
stolen property and identify suspects. If the law enforcement agencies are to function
in this area, a local law regulating second-hand precious metal and gem dealers is
necessary. Thereby, the public health, morals and general welfare of the County of
Westchester will be protected and promoted, and the best interests of the people
would be served by control and regulation of second-hand precious metal and gem
dealers.

§  863.242. Definitions
1. Unless the context specifically indicates otherwise, the meaning of terms used in
this Article shall be as follows:
a. “Persons” as used herein shall mean and include natural persons, corporations,
partnerships, associations, joint stock companies, and all other entities of any
kind capable of being sued.
b. “Dealers in second-hand precious metals and gems” shall mean any person
who in any way, as principal, broker or agent:
(i) deals in the purchase or sale at retail of any second-hand manufactured
articles composed wholly or in part of gems, gold, silver, or platinum, or
(ii) deals in the purchase or sale at retail of second-hand gems, gold, silver
or platinum, or
(iii) deals in the purchase or sale at retail of articles composed wholly or in
part of gold, silver or platinum for the purpose of melting or refining, or
(iv) engages in melting precious metals for the purpose of selling at retail.
c. The term “Director” shall mean the Westchester County Sealer of Weights and
Measures or the County Director of Weights and Measures.
d. “Gems” shall mean articles composed wholly or in part of the following: emerald,
diamond, ruby, sapphire, black opal, ruby spinal, citrine, demantoid, bloodstone,
jasper, pearl, aquamarine, beryl, topaz, garnet, chrysolite, fire opal, moonstone,
rose quartz, tourmaline, carnelian, peridot, sardonyx, zircon, morganite, chrysoprase,
kunzite, cat’s eye, amethyst, chalcedony, onyx, agate, alexandrite, star
sapphire, lapis lazuli, harlequin opal, turquoise, jade, or any other item composed
wholly or in part of any gem or stone whose value is in excess of one
hundred ($100.) dollars.
2. Nothing contained in this Article shall be construed to apply to charitable not-forprofit
organizations as defined by the laws of the State of New York.

§  863.243. Restrictions
1. It shall be unlawful for a second-hand precious metal or gem dealer to purchase
any second-hand precious metals or gems from any person whom such dealer knows
to be or has reason to believe to be under the age of eighteen (18) years.
2. It shall be unlawful for any dealer in second-hand precious metals or gems to sell,
dispose of, destroy, alter or remove from such dealer’s premises any second-hand precious
metal or gem until the expiration of fourteen (14) calendar days after the acquisition
by such dealer of said precious metal or gem.
3. It shall be unlawful to cause, allow, or approve of the blockage, obstruction or concealment
from the view of the consumer any scale, machine, weighing device, or part
thereof, used to weigh or calculate the value of precious metals or gems. Only devices
approved for use in trade by the New York State Department of Agriculture and
Markets shall be lawful.
4. No weighing or measuring device shall be used in the purchase or sale of precious
metals or gems within Westchester County without first notifying the Department of
Weights and Measures, of its intended use. This is to include new, used, repaired
devices or devices which have been moved from the location where they were originally
tested and sealed, either within or outside of the County of Westchester.
5. It shall be unlawful for a second-hand precious metal or gem dealer to purchase
second-hand precious metals or gems from any person between the hours of ten
o’clock in the evening and six o’clock in the morning.

§  863.244. Signs and labeling
The unit daily price of each type and class of precious metal shall be clearly displayed
in arabic numbers in such a manner that the public will be informed.

§  863.245. Lost or stolen property
If any articles composed wholly or in part of precious metals or gems shall be advertised
in any newspaper printed in the County of Westchester as having been lost or
stolen, and if any articles answering such advertised description or any part thereof
shall be in or come into the possession of any dealer upon receiving actual written or
oral notice of the similarity of description of such articles, such dealer shall immediately
give information relating thereto to the appropriate law enforcement agency. No disposition
of such articles shall be effected until authorization to do so shall be given to
such dealer by the appropriate law enforcement agency.

§  863.246. Record of purchases and sales
1. Every dealer in second-hand precious metals or gems shall keep a bound book in a
form prescribed by the Director of consecutively numbered transactions, in which shall
be legibly written in English, at the time of every purchase or sale, a description of the
second-hand precious metal or gem articles so purchased, or sold, the number or numbers
and any monograms, inscriptions or other marks of identification that may appear
on such article, the name, residence address from whom such purchase was made
and the day and hour of the purchase and amount of the transaction.
2. Such books shall be kept on the business premises of the second-hand precious
metal or gem dealership at all times during normal business hours. Such books shall
be open to the inspection of any police officer, or the Director, or any person duly
authorized for such purpose by the Director.
3. The dealer shall use only the forms prescribed by the Director and shall reimburse
said Director for the cost thereof.
4. At the close of each business day the dealer shall forward, by mail, to the
Westchester County Department of Public Safety Crime Analysis Unit the original
record of purchase.

§  863.247. Identity of person from whom purchase is made
1. It shall be the duty of every second-hand precious metal or gem dealer to verify the
identity of every person from whom a purchase is made and to make and to keep a
written record of the nature of the evidence submitted by such person to prove identity.
The signature of the dealer shall be included in the recording of each transaction.
2. Only the following shall be deemed acceptable evidence of identity: any official document,
except a social security account number card, issued by the United States government,
any state, county, municipality or subdivision thereof, any public agency or
department thereof, or any public or private employer, which requires and bears the
signature of the person to whom issued.
3. It shall be the duty of every dealer in second-hand precious metal or gem articles to
require that every person from whom an article is purchased sign his/her name in the
presence of the second-hand precious metal or gem dealer, and to compare the signature
on the identifying document, if any, and retain on said premises the person’s signature
together with the number and description of the identifying document, if any.

§  863.248. Report to the law enforcement agency
Every second-hand precious metal or gem dealer shall furnish to the appropriate law
enforcement agency, all information requested by such agency relative to all records
required to be kept under this Article.

§  863.249. Duty to enforce
It shall be the duty of any peace officer or police officer having jurisdiction at the site
where a person is seen dealing in second-hand precious metals or gems to enforce
the provisions of this Article against any person found to be in violation of the same.

§  863.250. Disclaimer of liability
This Article shall not create any liability on the part of the County of Westchester, its
officers, agents, or employees, or any police officer for any act or damage caused as a
result from reliance on this Article or any administrative decision lawfully made thereunder.

§  863.251. Penalties for offenses
1. Notwithstanding any provisions to the contrary contained in this Chapter, the
Westchester County Charter, the Westchester County Administrative Code or any
other local law, a failure to comply with any of the provisions of this Article shall constitute
a violation and shall be punishable by a fine not exceeding five hundred ($500.00)
dollars, or imprisonment for a period not exceeding fifteen (15) days, or by both such
fine and imprisonment. The continuation of an offense shall constitute a separate and
distinct violation hereunder for each day the offense is continued;
2. In addition to the penalties provided above, any offense against the provisions of
this Article shall subject the person committing the offense to a civil penalty in the
amount of five hundred dollars ($500.00) for each day that the offense shall continue,
collectible by and in the name of the County of Westchester.

§  863.252. Severability
If any clause, sentence, paragraph or part of this Article shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy and in
which such judgment shall have been rendered.