ORDINANCE NUMBER
2026 - 2406
...
ORDINANCE NUMBER
2026 - 2406
...
ORDINANCE NUMBER
2026 - 2406
AN ORDINANCE CONCERNING
DEALERS IN PRECIOUS ITEMS
_________________________
WHEREAS, in 1981, the Athens City Council adopted a local ordinance (found at sect.sect. 18-371, et seq. of the Code of Ordinances of the City of Athens, Alabama) which regulated dealers in precious metals/items;
WHEREAS, the Alabama legislature later adopted state laws (found at sect. 8-34-1, et seq. of the Code of Alabama) which also regulated dealers in precious metals/items;
WHEREAS, the City Council desires to restate/amend the local ordinance to ensure that it is consistent with the state law, and so that it also provides a clear definition of the types of business activities of "retail merchants" and "wholesalers" to which it does not apply.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on March 9th, 2026, at 4:30 p.m., as follows:
Section 1. Article 5 of Chapter 18 (Sections 18-171 through 178) (Precious Metals Business) of the Code of Ordinances of the City of Athens, Alabama is hereby repealed, and replaced in its entirety as follows:
ARTICLE V. - PRECIOUS ITEMS METALS BUSINESS
Sec. 18-171. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Precious items metals and precious stones means all gold, silver, platinum, pearls, diamonds, rubies, and other precious stones, and any ornament, article, or item made from, or containing, gold or, silver, or platinum, or on which is set or displayed pearls, diamonds, rubies, or other precious stones, including coins.
Working days means Monday through Friday of any week, excluding, however, any official holiday as designated by the state.
Sec. 18-172. - Compliance with article.
It shall be unlawful for any person within the city to engage in the business of purchasing precious items metals or precious stones without complying with the terms of this article.
Sec. 18-173. - Notice of intention to operate.
Any person who engages in the business of purchasing precious items metals or precious stones, or any person who purchases precious items metals or precious stones, pursuant to an advertisement wherein the proposed purchaser holds such person's self out as such purchaser or offers to buy said precious items metals or precious stones, shall, before engaging in such business or enterprise, notify the chief of police by letter that such business or enterprise will be conducted, and the notice shall contain the name of the person who is to conduct the business and the address at which such business will be conducted.
Sec. 18-174. - Records.
(a) Information required. Every person engaging in the business or enterprise of purchasing precious items metals or precious stones, as hereinabove defined, shall provide and keep a book and enter therein, as each purchase or acquisition is made, the following information:
(1) The name, address, date of birth, and driver's license number of the seller. In the event the seller does not have a driver's license, other adequate and positive identification that shall be required before a purchase is made shall be shown.
(2) The time and date of the purchase.
(3) An accurate and detailed description of the item purchased, which shall include any markings or inscriptions, the make and pattern, if available, the maker or style if appropriate. Each description shall be detailed and accurate and shall include a reference to the size, weight and height. Where appropriate, an indication shall be made whether the item was made for use by a male or a female. If precious stones are purchased, the kind, size and setting of the stones, together with such other information that may be necessary or useful in making a positive identification of the item purchased. Where several individual items are part of a matched set or class of items, each separate item need not be described separately so long as the description used accurately describes the class or set of items, including the number thereof.
(b) Retention and inspection of records. Such book shall be kept for six months next subsequent to any purchase, and shall be open to the inspection, during business hours, by any authorized law enforcement officer who may make a request to examine same.
Sec. 18-175. - Segregation and retention of items.
Every item purchased from one seller shall be separately packaged, or kept separately, and not intermingled or confused with items purchased from another seller, for a period of fifteen business days ten calendar days following the delivery mailing of the report of purchase as hereinafter required; provided, however, this provision shall not apply to coins which may be intermingled or disposed of immediately. No person engaging in the business or enterprise of purchasing precious items metals or precious stones shall sell or otherwise dispose of, or permit to be sold or otherwise disposed of, or remove or permit to be removed from such person's place of business, or to intermingle with other precious items jewelry or stones, or alter, change, or deface, or permit to be altered, changed, or defaced, any such precious items metals or precious stones purchased except coins, until after the expiration of fifteen business days ten days from the notification to the chief of police of the purchase, as hereinafter required; provided, however, such items may be removed from the place of business for storage or safekeeping to another place within the jurisdiction of the city approved by the chief of police prior to such removal. It is the intent of this article that the purchase of coins for their metal value is covered by this article insofar as such purchases must be recorded under section 18-174; however, no reports of such purchases are required to be made to the chief of police.
Sec. 18-176. - Reports.
Each such person engaging in the business or enterprise of purchasing precious items metals or precious stones shall mail or otherwise deliver to the chief of police a weekly daily report on forms prepared by and furnished by the chief of police, which form shall be completely filled out and show each item purchased during the preceding day. This section shall not apply to purchases of precious metals and precious stones by a merchant or jeweler from a person whose principal business is the sale of such items at wholesale, where such items are purchased by the merchant or jeweler for commercial resale in the ordinary course of business.
Sec. 18-177. - Dealing with
minors.
It shall be unlawful for any person engaged in the business of purchasing precious items metals or precious stones to purchase or receive from any person under 18 years of age, unless the person is accompanied by a parent or guardian who shall submit identification as required by this article. minor any precious metals or precious stones as herein defined, except coins.
Sec. 18-178. - Exemptions.
(a) Bona fide retail or wholesale merchants of precious items jewelry, gold or silver, or gold or silver objects, who are engaged in such business in the city in a fixed place of business under a license or licenses issued by the city pursuant to the general business license code of the city, and whose primary business is, respectively, the retail sale of precious items gold or silver or gold or silver objects or jewelry to consumers or the wholesale of precious items gold or silver or gold or silver objects or jewelry to retail merchants for resale to consumers, shall be exempt from the provisions of this article as it relates to in regard to purchases of precious items gold or silver or gold or silver objects from persons known by such retail or wholesale merchants to be bona fide manufacturers or wholesalers of precious items gold or silver or gold or silver objects.
(b) This Article shall not apply to manufacturers of precious items or to pawnbrokers licensed by the Alabama State Banking Department.
Section 2. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable.
Section 3. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein.
Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code.
ADOPTED this the 9th day of March, 2026.
_________________________CHRIS SEIBERT,
CITY COUNCIL PRESIDENT
_________________________WILLIAM R. MARKS, MAYOR
ATTEST:
_________________________ANNETTE BARNES-THREET, CITY CLERK
CERTIFICATION OF CITY CLERK
STATE OF ALABAMA )
LIMESTONE COUNTY)
I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 9th day of March, 2026.
Witness my hand and seal of office this the 9th day of March, 2026.
__________________________
Annette Barnes-Threet, City Clerk
The News Courier
March 21, 2026
ORDINANCE NUMBER
2026 - 2406
AN ORDINANCE CONCERNING
DEALERS IN PRECIOUS ITEMS
_________________________
WHEREAS, in 1981, the Athens City Council adopted a local ordinance (found at sect.sect. 18-371, et seq. of the Code of Ordinances of the City of Athens, Alabama) which regulated dealers in precious metals/items;
WHEREAS, the Alabama legislature later adopted state laws (found at sect. 8-34-1, et seq. of the Code of Alabama) which also regulated dealers in precious metals/items;
WHEREAS, the City Council desires to restate/amend the local ordinance to ensure that it is consistent with the state law, and so that it also provides a clear definition of the types of business activities of "retail merchants" and "wholesalers" to which it does not apply.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on March 9th, 2026, at 4:30 p.m., as follows:
Section 1. Article 5 of Chapter 18 (Sections 18-171 through 178) (Precious Metals Business) of the Code of Ordinances of the City of Athens, Alabama is hereby repealed, and replaced in its entirety as follows:
ARTICLE V. - PRECIOUS ITEMS METALS BUSINESS
Sec. 18-171. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Precious items metals and precious stones means all gold, silver, platinum, pearls, diamonds, rubies, and other precious stones, and any ornament, article, or item made from, or containing, gold or, silver, or platinum, or on which is set or displayed pearls, diamonds, rubies, or other precious stones, including coins.
Working days means Monday through Friday of any week, excluding, however, any official holiday as designated by the state.
Sec. 18-172. - Compliance with article.
It shall be unlawful for any person within the city to engage in the business of purchasing precious items metals or precious stones without complying with the terms of this article.
Sec. 18-173. - Notice of intention to operate.
Any person who engages in the business of purchasing precious items metals or precious stones, or any person who purchases precious items metals or precious stones, pursuant to an advertisement wherein the proposed purchaser holds such person's self out as such purchaser or offers to buy said precious items metals or precious stones, shall, before engaging in such business or enterprise, notify the chief of police by letter that such business or enterprise will be conducted, and the notice shall contain the name of the person who is to conduct the business and the address at which such business will be conducted.
Sec. 18-174. - Records.
(a) Information required. Every person engaging in the business or enterprise of purchasing precious items metals or precious stones, as hereinabove defined, shall provide and keep a book and enter therein, as each purchase or acquisition is made, the following information:
(1) The name, address, date of birth, and driver's license number of the seller. In the event the seller does not have a driver's license, other adequate and positive identification that shall be required before a purchase is made shall be shown.
(2) The time and date of the purchase.
(3) An accurate and detailed description of the item purchased, which shall include any markings or inscriptions, the make and pattern, if available, the maker or style if appropriate. Each description shall be detailed and accurate and shall include a reference to the size, weight and height. Where appropriate, an indication shall be made whether the item was made for use by a male or a female. If precious stones are purchased, the kind, size and setting of the stones, together with such other information that may be necessary or useful in making a positive identification of the item purchased. Where several individual items are part of a matched set or class of items, each separate item need not be described separately so long as the description used accurately describes the class or set of items, including the number thereof.
(b) Retention and inspection of records. Such book shall be kept for six months next subsequent to any purchase, and shall be open to the inspection, during business hours, by any authorized law enforcement officer who may make a request to examine same.
Sec. 18-175. - Segregation and retention of items.
Every item purchased from one seller shall be separately packaged, or kept separately, and not intermingled or confused with items purchased from another seller, for a period of fifteen business days ten calendar days following the delivery mailing of the report of purchase as hereinafter required; provided, however, this provision shall not apply to coins which may be intermingled or disposed of immediately. No person engaging in the business or enterprise of purchasing precious items metals or precious stones shall sell or otherwise dispose of, or permit to be sold or otherwise disposed of, or remove or permit to be removed from such person's place of business, or to intermingle with other precious items jewelry or stones, or alter, change, or deface, or permit to be altered, changed, or defaced, any such precious items metals or precious stones purchased except coins, until after the expiration of fifteen business days ten days from the notification to the chief of police of the purchase, as hereinafter required; provided, however, such items may be removed from the place of business for storage or safekeeping to another place within the jurisdiction of the city approved by the chief of police prior to such removal. It is the intent of this article that the purchase of coins for their metal value is covered by this article insofar as such purchases must be recorded under section 18-174; however, no reports of such purchases are required to be made to the chief of police.
Sec. 18-176. - Reports.
Each such person engaging in the business or enterprise of purchasing precious items metals or precious stones shall mail or otherwise deliver to the chief of police a weekly daily report on forms prepared by and furnished by the chief of police, which form shall be completely filled out and show each item purchased during the preceding day. This section shall not apply to purchases of precious metals and precious stones by a merchant or jeweler from a person whose principal business is the sale of such items at wholesale, where such items are purchased by the merchant or jeweler for commercial resale in the ordinary course of business.
Sec. 18-177. - Dealing with
minors.
It shall be unlawful for any person engaged in the business of purchasing precious items metals or precious stones to purchase or receive from any person under 18 years of age, unless the person is accompanied by a parent or guardian who shall submit identification as required by this article. minor any precious metals or precious stones as herein defined, except coins.
Sec. 18-178. - Exemptions.
(a) Bona fide retail or wholesale merchants of precious items jewelry, gold or silver, or gold or silver objects, who are engaged in such business in the city in a fixed place of business under a license or licenses issued by the city pursuant to the general business license code of the city, and whose primary business is, respectively, the retail sale of precious items gold or silver or gold or silver objects or jewelry to consumers or the wholesale of precious items gold or silver or gold or silver objects or jewelry to retail merchants for resale to consumers, shall be exempt from the provisions of this article as it relates to in regard to purchases of precious items gold or silver or gold or silver objects from persons known by such retail or wholesale merchants to be bona fide manufacturers or wholesalers of precious items gold or silver or gold or silver objects.
(b) This Article shall not apply to manufacturers of precious items or to pawnbrokers licensed by the Alabama State Banking Department.
Section 2. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable.
Section 3. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein.
Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code.
ADOPTED this the 9th day of March, 2026.
_________________________CHRIS SEIBERT,
CITY COUNCIL PRESIDENT
_________________________WILLIAM R. MARKS, MAYOR
ATTEST:
_________________________ANNETTE BARNES-THREET, CITY CLERK
CERTIFICATION OF CITY CLERK
STATE OF ALABAMA )
LIMESTONE COUNTY)
I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 9th day of March, 2026.
Witness my hand and seal of office this the 9th day of March, 2026.
__________________________
Annette Barnes-Threet, City Clerk
The News Courier
March 21, 2026
Posted Online 3 weeks ago
