(a) Dealer Permit. Exceptas provided in subsection (c) of this section, it is unlawful for any person toengage as a dealer in the business of purchasing precious metals either as aseparate business or in connection with other business operations without firstobtaining a permit for the business from the local law enforcement agency. TheDepartment of Crime Control and Public Safety shall approve the forms for boththe application and the permit. The application shall be given under oath andshall be notarized. A 30‑day waiting period from the date of filing ofthe application is required prior to initial issuance of a permit. A separatepermit shall be issued for each location, place, or premises within thejurisdiction of the local law enforcement agency which is used for conducting aprecious metals business, and each permit shall designate the location, placeor premises to which it applies. No business shall be conducted in a placeother than that designated in the permit, or in a mobile home, trailer, camper,or other vehicle, or structure not permanently affixed to the ground or in anyroom customarily used for lodging in any hotel, motel, tourist court, ortourist home. The permit shall be posted in a prominent place on the designatedpremises. Permits shall be valid for a period of 12 months from the date issuedand may be renewed without a waiting period upon filing of an application andpayment of the annual fee. The annual fee for a permit within each jurisdictionis one hundred eighty dollars ($180.00) to provide for the administrative costsof the local law enforcement agency, including the purchase of required formsand the cost of conducting the criminal history record check of the applicant.The fee is not refundable even if the permits are denied or later suspended orrevoked. A permit issued under this section is in addition to and not in lieuof other business licenses and is not transferable. No person other than thedealer named on the permit and that dealer's employees may engage in thebusiness of purchasing precious metals under the authority of the permit.
Any dealer applying to thelocal law enforcement agency for a permit shall furnish the local lawenforcement agency with the following information:
(1) The applicant's fullname, and any other names used by the applicant during the preceding fiveyears. In the case of a partnership, association, or corporation, the applicantshall list any partnership, association, or corporate names used during thepreceding five years.
(2) Current address, andall addresses used by the applicant during the preceding five years.
(3) Physicaldescription.
(4) Age.
(5) Driver's licensenumber, if any, and state of issuance.
(6) Recent photograph.
(7) Record of felonyconvictions.
(8) Record of otherconvictions during the preceding five years.
(9) A full set offingerprints of the applicant.
If the applicant for adealer's permit is a partnership or association, all persons owning a tenpercent (10%) or more interest in the partnership or association shall complywith the provisions of this subsection. These permits shall be issued in thename of the partnership or association.
If the applicant for adealer's permit is a corporation, each officer, director and stockholder owningten percent (10%) or more of the corporation's stock, of any class, shallcomply with the provisions of this subsection. These permits shall be issued inthe name of the corporation.
No permit shall be issued toan applicant who has been convicted of a felony involving a crime of moralturpitude, or larceny, or receiving stolen goods or of similar charges in anyfederal court or a court of this or any other state, unless the applicant hashad his or her rights of citizenship restored pursuant to Chapter 13 of theGeneral Statutes for five years or longer immediately preceding the date ofapplication. In the case of a partnership, association, or corporation, nopermit shall be issued to any applicant with an officer, partner, or directorwho has been convicted of a felony involving a crime of moral turpitude, orlarceny, or receiving stolen goods or of similar charges in any federal courtor a court of this or any other state, unless that person has had his or herrights of citizenship restored pursuant to Chapter 13 of the General Statutesfor five years or longer immediately preceding the date of application.
The Department of Justice mayprovide a criminal history record check to the local law enforcement agency fora person who has applied for a permit through the agency. The agency shallprovide to the Department of Justice, along with the request, the fingerprintsof the applicant, any additional information required by the Department ofJustice, and a form signed by the applicant consenting to the check of thecriminal record and to the use of the fingerprints and other identifyinginformation required by the State or national repositories. The applicant'sfingerprints shall be forwarded to the State Bureau of Investigation for asearch of the State's criminal history record file, and the State Bureau ofInvestigation shall forward a set of the fingerprints to the Federal Bureau ofInvestigation for a national criminal history record check. The agency shallkeep all information pursuant to this subsection privileged, in accordance withapplicable State law and federal guidelines, and the information shall beconfidential and shall not be a public record under Chapter 132 of the GeneralStatutes.
The Department of Justice maycharge each applicant a fee for conducting the checks of criminal historyrecords authorized by this subsection.
(b) EmployeeRequirements. Every employee engaged in the precious metals purchasingbusiness shall, within two business days of being so engaged, register his orher name and address with the local law enforcement agency and have his or herphotograph taken by the agency. The employee also shall consent to a criminalhistory record check, which shall be performed by the local law enforcementagency. A person who refuses to consent to a criminal history record checkshall not be employed by a dealer required to be licensed under this section. Aperson who has been convicted of a felony involving a crime of moral turpitude,larceny, receiving stolen goods, or of similar charges shall not be employed bya dealer required to be licensed under this section, unless the person has hadhis or her rights of citizenship restored pursuant to Chapter 13 of the GeneralStatutes for five years or longer immediately preceding the date of registration.The agency shall issue to the employee a certificate of compliance with thissection upon the applicant's payment of the sum of ten dollars ($10.00) to theagency. The certificate shall be renewed annually for a three‑dollar($3.00) fee and shall be posted in the work area of the registered employee. Anemployee is not subject to the requirements of this subsection if the employeeis engaged in the precious metals purchasing business only incidentally to hisor her main job responsibilities, and each precious metals transaction withwhich the employee is involved is overseen by a licensed dealer or registeredemployee. All records of transactions must be signed by the licensed dealer orregistered employee at the time of the transaction, as required under G.S. 66‑169(a).
The Department of Justice mayprovide a criminal history record check to the local law enforcement agency foran employee engaged in the precious metals business. The agency shall provideto the Department of Justice, along with the request, the fingerprints of theemployee, any additional information required by the Department of Justice, anda form signed by the employee consenting to the check of the criminal recordand to the use of the fingerprints and other identifying information requiredby the State or national repositories. The employee's fingerprints shall beforwarded to the State Bureau of Investigation for a search of the State'scriminal history record file, and the State Bureau of Investigation shallforward a set of the fingerprints to the Federal Bureau of Investigation for anational criminal history record check. The agency shall keep all informationpursuant to this subsection privileged, in accordance with applicable State lawand federal guidelines, and the information shall be confidential and shall notbe a public record under Chapter 132 of the General Statutes.
The Department of Justice maycharge each employee a fee for conducting the checks of criminal historyrecords authorized by this subsection.
(c) Special OccasionPermit. A special occasion permit authorizes the permittee to purchaseprecious metals as a dealer participating in any trade shows, antique shows,and crafts shows conducted within the State. A special occasion permit shall beissued by any local law enforcement agency; provided, however, that a permitteeunder subsection (a) of this section shall apply for a special occasion permitwith the local law enforcement agency that issued the dealer's permit. TheDepartment of Crime Control and Public Safety shall approve the forms for boththe application and the permit. The application shall be given under oath andnotarized. A 30‑day waiting period from the date of filing of theapplication is required prior to initial issuance of a permit.
Any dealer applying to a locallaw enforcement agency for a special occasion permit shall furnish the locallaw enforcement agency with the information required in an application for adealer's permit as set forth in subsection (a) of this section. In addition,the applicant shall provide a physical address where any item included in adealer purchase will be held for the period required under G.S. 66‑170.The physical address shall be the location where the purchase was made, unlessanother physical address within the law enforcement jurisdiction where thepurchase was made is approved by the law enforcement agency that issues thepermit. The items shall be available at all reasonable times for inspection onthe premises by law enforcement agencies.
If the applicant for a specialoccasion permit is a partnership or association, all persons owning a tenpercent (10%) or more interest in the partnership or association shall complywith the provisions of this subsection. Any such permits shall be issued in thename of the partnership or association.
If the applicant for a specialoccasion permit is a corporation, each officer, director and stockholder owningten percent (10%) or more of the corporation's stock, of any class, shallcomply with the provisions of this subsection. Any such permits shall be issuedin the name of the corporation.
No permit shall be issued toan applicant who has been convicted of a felony involving a crime of moralturpitude, or larceny, or receiving stolen goods or of similar charges in anyfederal court or a court of this or any other state, unless the applicant hashad his or her rights of citizenship restored pursuant to Chapter 13 of theGeneral Statutes for five years or longer immediately preceding the date ofapplication. In the case of a partnership, association, or corporation, nopermit shall be issued to any applicant with an officer, partner, or directorwho has been convicted of a felony involving a crime of moral turpitude, orlarceny, or receiving stolen goods or of similar charges in any federal courtor a court of this or any other state, unless that person has had his or herrights of citizenship restored pursuant to Chapter 13 of the General Statutesfor five years or longer immediately preceding the date of application.
The Department of Justice mayprovide a criminal history record check to the local law enforcement agency fora person who has applied for a permit through the agency. The agency shallprovide to the Department of Justice, along with the request, the fingerprints ofthe applicant, any additional information required by the Department ofJustice, and a form signed by the applicant consenting to the check of thecriminal record and to the use of the fingerprints and other identifyinginformation required by the State or national repositories. The applicant'sfingerprints shall be forwarded to the State Bureau of Investigation for asearch of the State's criminal history record file, and the State Bureau ofInvestigation shall forward a set of the fingerprints to the Federal Bureau ofInvestigation for a national criminal history record check. The agency shallkeep all information pursuant to this subsection privileged, in accordance withapplicable State law and federal guidelines, and the information shall beconfidential and shall not be a public record under Chapter 132 of the GeneralStatutes.
The Department of Justice maycharge each applicant a fee for conducting the checks of criminal historyrecords authorized by this subsection.
The filing fee for a specialoccasion permit application is one hundred eighty dollars ($180.00) to providefor the administrative cost of the local law enforcement agency includingpurchase of required forms and the cost of conducting the criminal historyrecord check of the applicant. The fee is not refundable even if the permit isdenied or is later suspended or revoked. A special occasion permit is inaddition to and not in lieu of other business licenses and is not transferable.No person other than the dealer named on the permit and that dealer's employeesmay engage in the business of purchasing precious metals under the authority ofthe permit.
A special occasion permit isvalid for 12 months from the date issued, unless earlier surrendered,suspended, or revoked. Application for renewal of a permit for an additional 12months shall be on a form approved by the Department of Crime Control andPublic Safety and shall be accompanied by a nonrefundable renewal fee of onehundred eighty dollars ($180.00).
Each special occasion permitshall be posted in a prominent place on the premises of any show at which thepermittee purchases precious metals. (1981, c. 956, s. 1; 2002‑147, s. 2; 2009‑482,s. 2.)
(a) Dealer Permit. Exceptas provided in subsection (c) of this section, it is unlawful for any person toengage as a dealer in the business of purchasing precious metals either as aseparate business or in connection with other business operations without firstobtaining a permit for the business from the local law enforcement agency. TheDepartment of Crime Control and Public Safety shall approve the forms for boththe application and the permit. The application shall be given under oath andshall be notarized. A 30‑day waiting period from the date of filing ofthe application is required prior to initial issuance of a permit. A separatepermit shall be issued for each location, place, or premises within thejurisdiction of the local law enforcement agency which is used for conducting aprecious metals business, and each permit shall designate the location, placeor premises to which it applies. No business shall be conducted in a placeother than that designated in the permit, or in a mobile home, trailer, camper,or other vehicle, or structure not permanently affixed to the ground or in anyroom customarily used for lodging in any hotel, motel, tourist court, ortourist home. The permit shall be posted in a prominent place on the designatedpremises. Permits shall be valid for a period of 12 months from the date issuedand may be renewed without a waiting period upon filing of an application andpayment of the annual fee. The annual fee for a permit within each jurisdictionis one hundred eighty dollars ($180.00) to provide for the administrative costsof the local law enforcement agency, including the purchase of required formsand the cost of conducting the criminal history record check of the applicant.The fee is not refundable even if the permits are denied or later suspended orrevoked. A permit issued under this section is in addition to and not in lieuof other business licenses and is not transferable. No person other than thedealer named on the permit and that dealer's employees may engage in thebusiness of purchasing precious metals under the authority of the permit.
Any dealer applying to thelocal law enforcement agency for a permit shall furnish the local lawenforcement agency with the following information:
(1) The applicant's fullname, and any other names used by the applicant during the preceding fiveyears. In the case of a partnership, association, or corporation, the applicantshall list any partnership, association, or corporate names used during thepreceding five years.
(2) Current address, andall addresses used by the applicant during the preceding five years.
(3) Physicaldescription.
(4) Age.
(5) Driver's licensenumber, if any, and state of issuance.
(6) Recent photograph.
(7) Record of felonyconvictions.
(8) Record of otherconvictions during the preceding five years.
(9) A full set offingerprints of the applicant.
If the applicant for adealer's permit is a partnership or association, all persons owning a tenpercent (10%) or more interest in the partnership or association shall complywith the provisions of this subsection. These permits shall be issued in thename of the partnership or association.
If the applicant for adealer's permit is a corporation, each officer, director and stockholder owningten percent (10%) or more of the corporation's stock, of any class, shallcomply with the provisions of this subsection. These permits shall be issued inthe name of the corporation.
No permit shall be issued toan applicant who has been convicted of a felony involving a crime of moralturpitude, or larceny, or receiving stolen goods or of similar charges in anyfederal court or a court of this or any other state, unless the applicant hashad his or her rights of citizenship restored pursuant to Chapter 13 of theGeneral Statutes for five years or longer immediately preceding the date ofapplication. In the case of a partnership, association, or corporation, nopermit shall be issued to any applicant with an officer, partner, or directorwho has been convicted of a felony involving a crime of moral turpitude, orlarceny, or receiving stolen goods or of similar charges in any federal courtor a court of this or any other state, unless that person has had his or herrights of citizenship restored pursuant to Chapter 13 of the General Statutesfor five years or longer immediately preceding the date of application.
The Department of Justice mayprovide a criminal history record check to the local law enforcement agency fora person who has applied for a permit through the agency. The agency shallprovide to the Department of Justice, along with the request, the fingerprintsof the applicant, any additional information required by the Department ofJustice, and a form signed by the applicant consenting to the check of thecriminal record and to the use of the fingerprints and other identifyinginformation required by the State or national repositories. The applicant'sfingerprints shall be forwarded to the State Bureau of Investigation for asearch of the State's criminal history record file, and the State Bureau ofInvestigation shall forward a set of the fingerprints to the Federal Bureau ofInvestigation for a national criminal history record check. The agency shallkeep all information pursuant to this subsection privileged, in accordance withapplicable State law and federal guidelines, and the information shall beconfidential and shall not be a public record under Chapter 132 of the GeneralStatutes.
The Department of Justice maycharge each applicant a fee for conducting the checks of criminal historyrecords authorized by this subsection.
(b) EmployeeRequirements. Every employee engaged in the precious metals purchasingbusiness shall, within two business days of being so engaged, register his orher name and address with the local law enforcement agency and have his or herphotograph taken by the agency. The employee also shall consent to a criminalhistory record check, which shall be performed by the local law enforcementagency. A person who refuses to consent to a criminal history record checkshall not be employed by a dealer required to be licensed under this section. Aperson who has been convicted of a felony involving a crime of moral turpitude,larceny, receiving stolen goods, or of similar charges shall not be employed bya dealer required to be licensed under this section, unless the person has hadhis or her rights of citizenship restored pursuant to Chapter 13 of the GeneralStatutes for five years or longer immediately preceding the date of registration.The agency shall issue to the employee a certificate of compliance with thissection upon the applicant's payment of the sum of ten dollars ($10.00) to theagency. The certificate shall be renewed annually for a three‑dollar($3.00) fee and shall be posted in the work area of the registered employee. Anemployee is not subject to the requirements of this subsection if the employeeis engaged in the precious metals purchasing business only incidentally to hisor her main job responsibilities, and each precious metals transaction withwhich the employee is involved is overseen by a licensed dealer or registeredemployee. All records of transactions must be signed by the licensed dealer orregistered employee at the time of the transaction, as required under G.S. 66‑169(a).
The Department of Justice mayprovide a criminal history record check to the local law enforcement agency foran employee engaged in the precious metals business. The agency shall provideto the Department of Justice, along with the request, the fingerprints of theemployee, any additional information required by the Department of Justice, anda form signed by the employee consenting to the check of the criminal recordand to the use of the fingerprints and other identifying information requiredby the State or national repositories. The employee's fingerprints shall beforwarded to the State Bureau of Investigation for a search of the State'scriminal history record file, and the State Bureau of Investigation shallforward a set of the fingerprints to the Federal Bureau of Investigation for anational criminal history record check. The agency shall keep all informationpursuant to this subsection privileged, in accordance with applicable State lawand federal guidelines, and the information shall be confidential and shall notbe a public record under Chapter 132 of the General Statutes.
The Department of Justice maycharge each employee a fee for conducting the checks of criminal historyrecords authorized by this subsection.
(c) Special OccasionPermit. A special occasion permit authorizes the permittee to purchaseprecious metals as a dealer participating in any trade shows, antique shows,and crafts shows conducted within the State. A special occasion permit shall beissued by any local law enforcement agency; provided, however, that a permitteeunder subsection (a) of this section shall apply for a special occasion permitwith the local law enforcement agency that issued the dealer's permit. TheDepartment of Crime Control and Public Safety shall approve the forms for boththe application and the permit. The application shall be given under oath andnotarized. A 30‑day waiting period from the date of filing of theapplication is required prior to initial issuance of a permit.
Any dealer applying to a locallaw enforcement agency for a special occasion permit shall furnish the locallaw enforcement agency with the information required in an application for adealer's permit as set forth in subsection (a) of this section. In addition,the applicant shall provide a physical address where any item included in adealer purchase will be held for the period required under G.S. 66‑170.The physical address shall be the location where the purchase was made, unlessanother physical address within the law enforcement jurisdiction where thepurchase was made is approved by the law enforcement agency that issues thepermit. The items shall be available at all reasonable times for inspection onthe premises by law enforcement agencies.
If the applicant for a specialoccasion permit is a partnership or association, all persons owning a tenpercent (10%) or more interest in the partnership or association shall complywith the provisions of this subsection. Any such permits shall be issued in thename of the partnership or association.
If the applicant for a specialoccasion permit is a corporation, each officer, director and stockholder owningten percent (10%) or more of the corporation's stock, of any class, shallcomply with the provisions of this subsection. Any such permits shall be issuedin the name of the corporation.
No permit shall be issued toan applicant who has been convicted of a felony involving a crime of moralturpitude, or larceny, or receiving stolen goods or of similar charges in anyfederal court or a court of this or any other state, unless the applicant hashad his or her rights of citizenship restored pursuant to Chapter 13 of theGeneral Statutes for five years or longer immediately preceding the date ofapplication. In the case of a partnership, association, or corporation, nopermit shall be issued to any applicant with an officer, partner, or directorwho has been convicted of a felony involving a crime of moral turpitude, orlarceny, or receiving stolen goods or of similar charges in any federal courtor a court of this or any other state, unless that person has had his or herrights of citizenship restored pursuant to Chapter 13 of the General Statutesfor five years or longer immediately preceding the date of application.
The Department of Justice mayprovide a criminal history record check to the local law enforcement agency fora person who has applied for a permit through the agency. The agency shallprovide to the Department of Justice, along with the request, the fingerprints ofthe applicant, any additional information required by the Department ofJustice, and a form signed by the applicant consenting to the check of thecriminal record and to the use of the fingerprints and other identifyinginformation required by the State or national repositories. The applicant'sfingerprints shall be forwarded to the State Bureau of Investigation for asearch of the State's criminal history record file, and the State Bureau ofInvestigation shall forward a set of the fingerprints to the Federal Bureau ofInvestigation for a national criminal history record check. The agency shallkeep all information pursuant to this subsection privileged, in accordance withapplicable State law and federal guidelines, and the information shall beconfidential and shall not be a public record under Chapter 132 of the GeneralStatutes.
The Department of Justice maycharge each applicant a fee for conducting the checks of criminal historyrecords authorized by this subsection.
The filing fee for a specialoccasion permit application is one hundred eighty dollars ($180.00) to providefor the administrative cost of the local law enforcement agency includingpurchase of required forms and the cost of conducting the criminal historyrecord check of the applicant. The fee is not refundable even if the permit isdenied or is later suspended or revoked. A special occasion permit is inaddition to and not in lieu of other business licenses and is not transferable.No person other than the dealer named on the permit and that dealer's employeesmay engage in the business of purchasing precious metals under the authority ofthe permit.
A special occasion permit isvalid for 12 months from the date issued, unless earlier surrendered,suspended, or revoked. Application for renewal of a permit for an additional 12months shall be on a form approved by the Department of Crime Control andPublic Safety and shall be accompanied by a nonrefundable renewal fee of onehundred eighty dollars ($180.00).
Each special occasion permitshall be posted in a prominent place on the premises of any show at which thepermittee purchases precious metals. (1981, c. 956, s. 1; 2002‑147, s. 2; 2009‑482,s. 2.)
(a) Dealer Permit. Exceptas provided in subsection (c) of this section, it is unlawful for any person toengage as a dealer in the business of purchasing precious metals either as aseparate business or in connection with other business operations without firstobtaining a permit for the business from the local law enforcement agency. TheDepartment of Crime Control and Public Safety shall approve the forms for boththe application and the permit. The application shall be given under oath andshall be notarized. A 30‑day waiting period from the date of filing ofthe application is required prior to initial issuance of a permit. A separatepermit shall be issued for each location, place, or premises within thejurisdiction of the local law enforcement agency which is used for conducting aprecious metals business, and each permit shall designate the location, placeor premises to which it applies. No business shall be conducted in a placeother than that designated in the permit, or in a mobile home, trailer, camper,or other vehicle, or structure not permanently affixed to the ground or in anyroom customarily used for lodging in any hotel, motel, tourist court, ortourist home. The permit shall be posted in a prominent place on the designatedpremises. Permits shall be valid for a period of 12 months from the date issuedand may be renewed without a waiting period upon filing of an application andpayment of the annual fee. The annual fee for a permit within each jurisdictionis one hundred eighty dollars ($180.00) to provide for the administrative costsof the local law enforcement agency, including the purchase of required formsand the cost of conducting the criminal history record check of the applicant.The fee is not refundable even if the permits are denied or later suspended orrevoked. A permit issued under this section is in addition to and not in lieuof other business licenses and is not transferable. No person other than thedealer named on the permit and that dealer's employees may engage in thebusiness of purchasing precious metals under the authority of the permit.
Any dealer applying to thelocal law enforcement agency for a permit shall furnish the local lawenforcement agency with the following information:
(1) The applicant's fullname, and any other names used by the applicant during the preceding fiveyears. In the case of a partnership, association, or corporation, the applicantshall list any partnership, association, or corporate names used during thepreceding five years.
(2) Current address, andall addresses used by the applicant during the preceding five years.
(3) Physicaldescription.
(4) Age.
(5) Driver's licensenumber, if any, and state of issuance.
(6) Recent photograph.
(7) Record of felonyconvictions.
(8) Record of otherconvictions during the preceding five years.
(9) A full set offingerprints of the applicant.
If the applicant for adealer's permit is a partnership or association, all persons owning a tenpercent (10%) or more interest in the partnership or association shall complywith the provisions of this subsection. These permits shall be issued in thename of the partnership or association.
If the applicant for adealer's permit is a corporation, each officer, director and stockholder owningten percent (10%) or more of the corporation's stock, of any class, shallcomply with the provisions of this subsection. These permits shall be issued inthe name of the corporation.
No permit shall be issued toan applicant who has been convicted of a felony involving a crime of moralturpitude, or larceny, or receiving stolen goods or of similar charges in anyfederal court or a court of this or any other state, unless the applicant hashad his or her rights of citizenship restored pursuant to Chapter 13 of theGeneral Statutes for five years or longer immediately preceding the date ofapplication. In the case of a partnership, association, or corporation, nopermit shall be issued to any applicant with an officer, partner, or directorwho has been convicted of a felony involving a crime of moral turpitude, orlarceny, or receiving stolen goods or of similar charges in any federal courtor a court of this or any other state, unless that person has had his or herrights of citizenship restored pursuant to Chapter 13 of the General Statutesfor five years or longer immediately preceding the date of application.
The Department of Justice mayprovide a criminal history record check to the local law enforcement agency fora person who has applied for a permit through the agency. The agency shallprovide to the Department of Justice, along with the request, the fingerprintsof the applicant, any additional information required by the Department ofJustice, and a form signed by the applicant consenting to the check of thecriminal record and to the use of the fingerprints and other identifyinginformation required by the State or national repositories. The applicant'sfingerprints shall be forwarded to the State Bureau of Investigation for asearch of the State's criminal history record file, and the State Bureau ofInvestigation shall forward a set of the fingerprints to the Federal Bureau ofInvestigation for a national criminal history record check. The agency shallkeep all information pursuant to this subsection privileged, in accordance withapplicable State law and federal guidelines, and the information shall beconfidential and shall not be a public record under Chapter 132 of the GeneralStatutes.
The Department of Justice maycharge each applicant a fee for conducting the checks of criminal historyrecords authorized by this subsection.
(b) EmployeeRequirements. Every employee engaged in the precious metals purchasingbusiness shall, within two business days of being so engaged, register his orher name and address with the local law enforcement agency and have his or herphotograph taken by the agency. The employee also shall consent to a criminalhistory record check, which shall be performed by the local law enforcementagency. A person who refuses to consent to a criminal history record checkshall not be employed by a dealer required to be licensed under this section. Aperson who has been convicted of a felony involving a crime of moral turpitude,larceny, receiving stolen goods, or of similar charges shall not be employed bya dealer required to be licensed under this section, unless the person has hadhis or her rights of citizenship restored pursuant to Chapter 13 of the GeneralStatutes for five years or longer immediately preceding the date of registration.The agency shall issue to the employee a certificate of compliance with thissection upon the applicant's payment of the sum of ten dollars ($10.00) to theagency. The certificate shall be renewed annually for a three‑dollar($3.00) fee and shall be posted in the work area of the registered employee. Anemployee is not subject to the requirements of this subsection if the employeeis engaged in the precious metals purchasing business only incidentally to hisor her main job responsibilities, and each precious metals transaction withwhich the employee is involved is overseen by a licensed dealer or registeredemployee. All records of transactions must be signed by the licensed dealer orregistered employee at the time of the transaction, as required under G.S. 66‑169(a).
The Department of Justice mayprovide a criminal history record check to the local law enforcement agency foran employee engaged in the precious metals business. The agency shall provideto the Department of Justice, along with the request, the fingerprints of theemployee, any additional information required by the Department of Justice, anda form signed by the employee consenting to the check of the criminal recordand to the use of the fingerprints and other identifying information requiredby the State or national repositories. The employee's fingerprints shall beforwarded to the State Bureau of Investigation for a search of the State'scriminal history record file, and the State Bureau of Investigation shallforward a set of the fingerprints to the Federal Bureau of Investigation for anational criminal history record check. The agency shall keep all informationpursuant to this subsection privileged, in accordance with applicable State lawand federal guidelines, and the information shall be confidential and shall notbe a public record under Chapter 132 of the General Statutes.
The Department of Justice maycharge each employee a fee for conducting the checks of criminal historyrecords authorized by this subsection.
(c) Special OccasionPermit. A special occasion permit authorizes the permittee to purchaseprecious metals as a dealer participating in any trade shows, antique shows,and crafts shows conducted within the State. A special occasion permit shall beissued by any local law enforcement agency; provided, however, that a permitteeunder subsection (a) of this section shall apply for a special occasion permitwith the local law enforcement agency that issued the dealer's permit. TheDepartment of Crime Control and Public Safety shall approve the forms for boththe application and the permit. The application shall be given under oath andnotarized. A 30‑day waiting period from the date of filing of theapplication is required prior to initial issuance of a permit.
Any dealer applying to a locallaw enforcement agency for a special occasion permit shall furnish the locallaw enforcement agency with the information required in an application for adealer's permit as set forth in subsection (a) of this section. In addition,the applicant shall provide a physical address where any item included in adealer purchase will be held for the period required under G.S. 66‑170.The physical address shall be the location where the purchase was made, unlessanother physical address within the law enforcement jurisdiction where thepurchase was made is approved by the law enforcement agency that issues thepermit. The items shall be available at all reasonable times for inspection onthe premises by law enforcement agencies.
If the applicant for a specialoccasion permit is a partnership or association, all persons owning a tenpercent (10%) or more interest in the partnership or association shall complywith the provisions of this subsection. Any such permits shall be issued in thename of the partnership or association.
If the applicant for a specialoccasion permit is a corporation, each officer, director and stockholder owningten percent (10%) or more of the corporation's stock, of any class, shallcomply with the provisions of this subsection. Any such permits shall be issuedin the name of the corporation.
No permit shall be issued toan applicant who has been convicted of a felony involving a crime of moralturpitude, or larceny, or receiving stolen goods or of similar charges in anyfederal court or a court of this or any other state, unless the applicant hashad his or her rights of citizenship restored pursuant to Chapter 13 of theGeneral Statutes for five years or longer immediately preceding the date ofapplication. In the case of a partnership, association, or corporation, nopermit shall be issued to any applicant with an officer, partner, or directorwho has been convicted of a felony involving a crime of moral turpitude, orlarceny, or receiving stolen goods or of similar charges in any federal courtor a court of this or any other state, unless that person has had his or herrights of citizenship restored pursuant to Chapter 13 of the General Statutesfor five years or longer immediately preceding the date of application.
The Department of Justice mayprovide a criminal history record check to the local law enforcement agency fora person who has applied for a permit through the agency. The agency shallprovide to the Department of Justice, along with the request, the fingerprints ofthe applicant, any additional information required by the Department ofJustice, and a form signed by the applicant consenting to the check of thecriminal record and to the use of the fingerprints and other identifyinginformation required by the State or national repositories. The applicant'sfingerprints shall be forwarded to the State Bureau of Investigation for asearch of the State's criminal history record file, and the State Bureau ofInvestigation shall forward a set of the fingerprints to the Federal Bureau ofInvestigation for a national criminal history record check. The agency shallkeep all information pursuant to this subsection privileged, in accordance withapplicable State law and federal guidelines, and the information shall beconfidential and shall not be a public record under Chapter 132 of the GeneralStatutes.
The Department of Justice maycharge each applicant a fee for conducting the checks of criminal historyrecords authorized by this subsection.
The filing fee for a specialoccasion permit application is one hundred eighty dollars ($180.00) to providefor the administrative cost of the local law enforcement agency includingpurchase of required forms and the cost of conducting the criminal historyrecord check of the applicant. The fee is not refundable even if the permit isdenied or is later suspended or revoked. A special occasion permit is inaddition to and not in lieu of other business licenses and is not transferable.No person other than the dealer named on the permit and that dealer's employeesmay engage in the business of purchasing precious metals under the authority ofthe permit.
A special occasion permit isvalid for 12 months from the date issued, unless earlier surrendered,suspended, or revoked. Application for renewal of a permit for an additional 12months shall be on a form approved by the Department of Crime Control andPublic Safety and shall be accompanied by a nonrefundable renewal fee of onehundred eighty dollars ($180.00).
Each special occasion permitshall be posted in a prominent place on the premises of any show at which thepermittee purchases precious metals. (1981, c. 956, s. 1; 2002‑147, s. 2; 2009‑482,s. 2.)
