[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 10-28-1980 by Ord. No. 766. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, partnership or corporation, who, through any
means, buys, receives, sells or distributes secondhand gold, silver,
coins, precious metals or jewelry.
Any person under the age of 18 years.
A.Â
No dealer conducting business within the jurisdiction
of the Borough of Emerson shall do so without first obtaining a license
upon application to the Borough Clerk. The license shall be obtained
by filling in the appropriate information on the application and by
then paying a fee of $75 annually.
[Amended 2-18-2003 by Ord. No. 1218; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
B.Â
The application shall include the applicant's name,
address and phone number, and if a corporation, the names and addresses
of all shareholders, officers and stockholders and the name and address
of its registered agent. The applicant shall attach a copy of the
certificate of incorporation to the application or, in the event a
trade name is used, then a copy of the trade name certificate. The
application shall also include the address at which the applicant
will be conducting business and whether or not the applicant or any
of the individuals stated above, if a corporation, have ever been
convicted of a crime in New Jersey or any other state or federal jurisdiction,
and if so, it shall set forth the date and nature of the same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each dealer shall maintain for five years a
complete record of each purchase and sale, including the amount paid;
the name, residence, occupation, age, telephone number and description
of the person from whom the items were purchased, received or sold;
a descriptive list of any used jewelry purchased from that seller,
including any identifying characteristics of that jewelry; digital
photographs of any used jewelry purchased from that seller; and a
photocopy of the identification of the seller. These records shall
be subject to the inspection of any authorized police officer of the
Borough of Emerson.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each dealer doing business in the Borough of
Emerson shall deliver to the Chief of Police a typewritten or legibly
handwritten description of all items purchased, received or sold,
including the date of each transaction, within one week of the completion
of said transaction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
From the date of delivery to the Chief of Police as set forth in § 212-4 hereof, no dealer shall sell, melt, change the form of or dispose of any articles purchased or received within 10 days, and all such items shall remain in a safe place on the premises where the purchase was made.
Each dealer must require identification of the person with whom it is transacting business, and no transaction may be made with any minor, as hereinabove defined, except that a transaction may be made with a minor accompanied by a natural parent or guardian, provided that the appropriate identification is obtained relating to said parent or guardian as set forth in § 212-3 hereof.
Any person; as defined above, who violates any
provision of this chapter shall, upon conviction thereof, be punished
by a fine not exceeding $500 or by imprisonment for a term not exceeding
90 days, or both, within the discretion of the Municipal Judge. A
separate offense shall be deemed committed in each day during or on
which a violation occurs or continues.
