As used in this chapter, the following terms shall have the following meanings:

Terms Used In Alabama Code 8-34-1

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • dealer: Any person, corporation, or partnership that engages in the business of purchasing precious items for the purpose of reselling such items in any form. See Alabama Code 8-34-1
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • LOCAL LAW ENFORCEMENT AGENCY: The chief of police for businesses located within the jurisdiction of a municipality and the county sheriff for businesses located outside the jurisdiction of a municipality. See Alabama Code 8-34-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • PERMANENT PLACE OF BUSINESS: A fixed premises either owned by the dealer or leased by the dealer for at least one year. See Alabama Code 8-34-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • PRECIOUS ITEM: Any of the following:

    a. See Alabama Code 8-34-1

  • purchase: The acquisition of a precious item or items for a consideration of cash, goods, or another precious item. See Alabama Code 8-34-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1

(1) DEALER. Any person, corporation, or partnership that engages in the business of purchasing precious items for the purpose of reselling such items in any form. A dealer does not include a manufacturer, retail merchant, pawnbroker licensed by the Alabama State Banking Department, or person in the wholesale business.

(2) LOCAL LAW ENFORCEMENT AGENCY. The chief of police for businesses located within the jurisdiction of a municipality and the county sheriff for businesses located outside the jurisdiction of a municipality.

(3) PERMANENT PLACE OF BUSINESS. A fixed premises either owned by the dealer or leased by the dealer for at least one year.

(4) PRECIOUS ITEM. Any of the following:

a. An article made in whole or in part of gold, silver, or platinum.

b. Precious or semiprecious stones or pearls whether mounted or unmounted.

(5) PURCHASE. The acquisition of a precious item or items for a consideration of cash, goods, or another precious item.

(Act 2010-732, p. 1843, §1.)