Each dealer shall make a written record, on a form provided by the Secretary, of each business transaction that involves the acquisition of a secondhand precious metal object when the transaction is made. Each dealer shall retain the original copy of the written record required to be made under paragraph (1) of this subsection at the dealer’s place of business. Each pawnbroker shall make a written record, on a form provided by the Secretary, of each business transaction that involves: lending money on pledge of personal property, other than a security or printed evidence of indebtedness; buying personal property on condition of selling it back at a stipulated price; or buying the following items for the purpose of resale: binoculars; cameras; firearms; furs; household appliances; musical instruments; office machines or equipment; radios, televisions, videodisc machines, videocassette recorders, and stereo equipment; personal computers, tapes, and disc recorders; watches; bicycles; and tangible personal property pledged as collateral. Each pawnbroker shall make a written record, on a form provided by the Secretary, of each transaction that involves the acquisition of an item described in subsection (b)(3) of this section for the purpose of resale. A separate record entry shall be made for each item involved in a transaction. Items in a matching set may be recorded as a set if acquired in a single transaction. During the holding period required under § 12–305 of this subtitle, a dealer may place all of the items acquired in a single transaction in a secure container that has been approved by the primary law enforcement unit, if: each item in the transaction has a separate record entry in the written record required under this section; and the secure container is tagged by the dealer with the number that corresponds to the transaction under which the items were acquired and the written record listing the items obtained in the transaction. When a dealer places items into the dealer’s inventory, the dealer shall tag each item individually with a number that corresponds to the transaction under which it was acquired. However, items acquired in a matching set may be tagged as a set. Each item tagged by a dealer under paragraph (1) of this subsection shall remain tagged for the entire period the item is stored in the dealer’s inventory. For the purposes of this subtitle, there is a presumption that an object is a precious metal object if: it reasonably appears to be a precious metal object; and it was received by a dealer in the course of business or is found in the place of business or storage facility of a dealer.

In addition to any other information required by the Secretary, the records of a dealer shall include: the date, place, and time of each transaction that involves the acquisition of a precious metal object; the name and address of the principal, if the transaction is by an agent; a description of the precious metal object, including: its approximate metallic composition; any jewels, stones, or glass parts; any mark, number, word, or other identification on the precious metal object; its weight, if payment is based on weight; a statement whether it appears to have been altered by any means, including: obscuring a serial number or identifying feature; melting; or recutting a gem; and the amount paid or other consideration; for each individual from whom the dealer acquires a precious metal object: the name, date of birth, and driver’s license number of the individual; or identification information about the individual that: positively identifies the individual from at least 2 forms of identification, which may include an age of majority card, uniformed services identification, or passport; and provides a physical description of the individual, including the sex, race, any distinguishing features, and approximate age, height, and weight of the individual; a statement indicating whether or not the person making the transaction is personally known to the dealer; and the signature of the person from whom the precious metal object or personal property is acquired and the dealer or employee who accepted the precious metal object. In addition to any other information required by the Secretary, the records of a pawnbroker shall include, for each item pawned: the type of item; its manufacturer, model number, year of manufacture if known, and serial number if known; and its color and size.

Unless otherwise authorized by the Secretary, a dealer shall keep the records required by this subtitle, at a location within the State, for 3 years after the date of the transaction.

A dealer shall submit the required information from each record to the primary law enforcement unit in accordance with subsection (b) of this section. If the dealer transacts business in accordance with § 12–206(b) of this title, the dealer also shall submit the required information from the records to the local law enforcement unit in accordance with subsection (b) of this section. On the request of a dealer, the Secretary shall provide to the dealer a list of local law enforcement units. Subject to paragraph (2) of this subsection, the dealer shall submit the records by transmitting the required information from the records electronically, in a format acceptable to the receiving law enforcement unit, by noon of the next business day. A dealer may request an extension of up to 48 hours to submit the records required under paragraph (1) of this subsection. Each record, submitted to the primary law enforcement unit and, if applicable, local law enforcement unit, shall include: the license number of the dealer; the location of each item listed in the record; and the information required under § 12–302 of this subtitle. The required information from a record submitted under this section: shall be kept confidential; is not a public record; and is not subject to Title 4 of the General Provisions Article. The primary law enforcement unit shall adopt a procedure for a dealer to amend a record required to be submitted under this section. A law enforcement unit may cease to maintain a record submitted under this section after 1 year from the date the law enforcement unit receives the copy.

Except as otherwise provided in this section, a dealer who acquires a precious metal object shall keep it in the county where the dealer holds a license from the time of acquisition until at least 18 days after submitting a copy of a record of its acquisition under § 12–304 of this subtitle. Notwithstanding subparagraph (ii) of this paragraph, the 18–day holding period established under this subparagraph applies to a precious metal object that: a dealer licensed in Prince George’s County acquired in a pawn transaction; and an individual seeks to redeem by presenting the original ticket issued as part of the pawn transaction. A dealer who holds a license in Prince George’s County and who acquires a precious metal object, other than a pawned precious metal object described in subparagraph (i)2 of this paragraph, shall keep it in Prince George’s County from the time of acquisition until at least 30 days after submitting a copy of a record of its acquisition under § 12–304 of this subtitle. A dealer who acquires a precious metal object at an event which takes place at a location other than the dealer’s fixed business address shall place the object and a record of its acquisition at a location in accordance with subsection (d)(1) or (2) of this section by the next business day after acquiring the object. In partial compliance with the 18–day holding requirement under this subsection, a dealer may maintain an object and the record of its acquisition at a location other than the dealer’s fixed business address, if the local law enforcement unit in the jurisdiction where the item was acquired provides written approval. A dealer may submit to the primary law enforcement unit a written request for a shorter holding period for a specific precious metal object. Within 48 hours after the primary law enforcement unit receives a request, the primary law enforcement unit shall approve or deny the request. After inspecting the precious metal object, the primary law enforcement unit may authorize in writing a shorter holding period. If the primary law enforcement unit denies the request, the primary law enforcement unit shall state the reasons in writing. Except as provided in paragraph (2) of this subsection, a dealer may not alter a precious metal object before or during the holding period. During the holding period, a dealer may chemically test a precious metal object to determine its metal content or value if the dealer does not alter the precious metal object so as to affect its identification or value. During the holding period for a precious metal object, a dealer shall keep the precious metal object and the record of its acquisition in: the place of business of the dealer; or a storage facility specified in the license application of the dealer.

A dealer shall allow an authorized law enforcement officer or agent, on request, to enter the place of business or storage premises of the dealer during business hours to inspect a record required to be maintained under this title or precious metal object as part of a stolen property investigation or an investigation of a violation of this title. On request of the dealer, the officer or agent shall make the inspection in the presence of the dealer or an agent of the dealer. If the dealer refuses to allow access or produce the record or precious metal object for inspection, the officer or agent shall seek a search warrant. A warrant authorizing an administrative inspection for possible regulatory violations shall be issued if the officer or agent establishes probable cause for the selection of the place of business in question for inspection and that the inspection will be reasonably limited in time, place, and scope. A dealer who refuses to allow access or to produce records or precious metal objects for inspection on request, shall be subject to the provisions of § 12–209 of this title and, in addition, may be assessed a civil penalty as provided in subsection (d) of this section. The Secretary may impose on a licensee who violates this section a civil penalty not exceeding $500 for each violation. In setting the amount of a civil penalty under this subsection, the Secretary shall consider: the seriousness of the violation; the good faith of the violator; any previous violations; the harmful effect of the violation on the complainant, the public, and the business of the dealer or pawnbroker; and any other relevant factors.