CHAPTER 28 - JEWELERS LICENSES

AN ACT TO PROVIDE FOR THE REGULATION, CONTROL AND LICENSING OF JEWELERS WHO MAY ENGAGE IN THE BUSINESS OF BUYING AND SELLING OLD GOLD, SILVER, PLATINUM, GOLD OR SILVER PLATE METAL, PRECIOUS 'STONES AND SEMI-PRECIOUS STONES OR COMBINATION OF SAID METALS AND PRECIOUS OR SEMI-PRECIOUS STONES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. The Clerk of the Peace of any county shall from time to time, upon satisfactory proof, grant licenses under his hand and official seal to such persons, citizens of the State of Delaware, and corporations existing under the laws of the State of Delaware, to buy and sell old gold, silver, platinum, gold or silver plate metal, precious stones and semi-precious stones or combination of said metals and precious or semi-precious stones, provided the said person, firm or corporation for one year or upwards has maintained in the State of Delaware, in said county, a regular place of business, and has been duly licensed for one year or upwards either by the State or by the City of Wilmington, or both, to there transact the trade or occupation as a jeweler, which license shall designate the building or buildings in which said person, firm or corporation shall carry on said business and no person, firm or corporation shall engage in or carry on said business in any of the said counties of said State without having been duly licensed by the Clerk of the Peace of said County nor in any other building or buildings than the one or ones designated in said license.

Section 2. Every person, firm or corporation receiving such license for conducting the business of the purchase of old gold, silver, platinum, gold or silver plate metal, precious stones and semiprecious stones or combination of said metals and precious or semiprecious stones shall pay therefor to the Clerk of the Peace of the County the sum of Fifteen Dollars ($15.00) for the use of the State of Delaware.

Section 3. Every person, firm or corporation conducting the business of buying and selling old gold, silver, platinum, gold or silver plate metal, precious stones and semi-precious stones or combination of said metals and precious or semi-precious stones shall keep a book or books in which shall be fairly written in English at the time of each purchase an accurate account and description of the goods, articles or things purchased, the time of purchasing same, together with the name, address and description of the person selling such articles, including the color of his complexion, color of eyes and hair and his or her stature and general appearance. Said book or books shall be prepared and furnished to such person, firm or corporation by the Police Department of the City of Wilmington or by the Clerk of the Peace of any County at the expense of such person, firm or corporation so conducting the business aforesaid. It shall also be the duty of such person, firm or corporation so conducting the business aforesaid to keep at his place of business, as specified in his license, the articles so purchased for the term of at least thirty (30) days before reselling or disposing of the same.

Section 4. It shall be the duty of every person, firm or corporation engaged in said business, and of every person employed in the conduct of said business, to admit to any and every part of the premises designated in the license and at any time any member of the police force of the City of Wilmington or other peace officer of the State to examine any goods, articles or things, book or books or other record on the premises, and to search for and take into possession any article known or believed by such police officer of the City of Wilmington or peace officers of the State to have been stolen; and such police officer of the City of Wilmington and peace officer of the State are given full power and authority to make any such search or seizure as provided for in this Chapter.

Section 5. It shall at all times be the express duty of any person, firm or corporation so conducting the said business of buying and selling old gold, silver, platinum, gold or silver plate metal, precious stones and semi-precious stones or combination of said metals and precious or semi-precious stones, to seize or take into possession any goods offered to such person, firm or corporation for sale, which such person, firm or corporation has reason to believe has been stolen; it shall further be the duty of such person, firm or corporation to immediately notify the Police Department of the City of Wilmington or the peace authorities of any county of such seizure, together with a description of such person or persons offering such goods for sale.

Section 6. Any person, firm or corporation violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction therefor shall forfeit and pay a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for the use of the State of Delaware. In default of the payment of any fine imposed under provision of this Section, the Court shall impose upon conviction a term of imprisonment of not less than one month nor more than one year for each and every offense.

Approved April 8, 1935.