§ 46-100. Holding time for dealers in precious metals or gems.

(a)

For the purposes of this Code section, a " dealer in precious metals or gems " means any person required to be registered pursuant to O.C.G.A. § 43-37-2(b).

(b)

It shall be unlawful for any dealer in precious metals or gems or any agent or employee of a dealer in precious metals or gems who makes purchases of precious metals or gems or of goods made from precious metals or gems to sell, exchange, or remove from the legal possession of the buyer, or to alter the form of, any precious metals or gems or goods made from precious metals or gems purchased by remounting, melting, cutting up, or otherwise altering the original form until at least 30 calendar days have elapsed from the time of purchase or acquisition;

(c)

Violators of this article shall be punished for a misdemeanor as follows:

•  First violation resulting in a conviction, guilty plea, nolo contendere plea: A fine of not less than $300.00 nor more than $1,000.00, and, where deemed appropriate by the court, a period of incarceration not to exceed 60 days.

•  Second violation resulting in a conviction, guilty plea, nolo contendere plea: A fine not less than $500.00 nor more than $1,000.00, and, where deemed appropriate by the court, a period of incarceration not to exceed 60 days.

•  Third violation and all subsequent violations resulting in a conviction, guilty plea, nolo contendere plea: A fine of $1,000.00, and, where deemed appropriate by the court, a period of incarceration not to exceed 60 days.

No portion of the fine may be waived, stayed, deferred, withheld, suspended, substituted or otherwise excused or negated. Community service may be included in addition to any penalty, but not in lieu of the fine provided herein. Any violator shall be responsible for all court costs as determined by the court.