[HISTORY: Adopted by the Township Council of the Township
of Hardyston 11-9-2010 by Ord. No. 2010-17. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, partnership, corporation or other entity, whether
permanent or itinerant, who on one or more occasions, through any
means, buys or sells secondhand gold, silver, precious metals, gems
or jewelry, and includes anyone advertising the purchase or sale of
any of the aforementioned items.
Any business conducted intermittently within the Township
of Hardyston or at varying locations.
Any person under the age of 18 years.
Any business conducted on a year-round basis and housed in
a single structure, such as a store or residence.
A.
Each dealer conducting business within the jurisdiction of the Township
of Hardyston shall first register with the Chief of Police, who shall
fingerprint the applicant and institute such an investigation of the
applicant's moral character and business responsibility as he
deems necessary for the protection of the public welfare. In the event
that the dealer is a business entity other than a sole proprietorship,
the officers in a corporation or the partners in a partnership (or
limited partnership) shall be deemed to be the applicant(s) who shall
be fingerprinted and investigated in accordance with this section.
Upon completion of the investigation, the Chief of Police shall either
issue or deny the license based upon the results of his investigation.
Upon the issuance of the license, the applicant shall be given a copy
of this chapter. Upon the issuance of the license, the applicant shall
pay to the Township Clerk the annual fee of $200 for such license.
B.
A license issued under the provisions of this chapter shall not be
transferable and shall terminate on December 31 of the year in which
said license is issued.
In addition to the requirements of N.J.S.A. 2C:21-36 et seq.,
each dealer shall maintain a complete record of each purchase and
sale, including the amount paid, a description of the item and any
identifying numbers or engravings. The dealer shall also obtain the
name, address and date of birth, driver's license number and
state of issuance for the person from whom the items were purchased,
received or sold. This information is to be documented on the secondhand
jewelry transaction receipt form supplied by the Hardyston Township
Police Department. These records shall be subject to the inspection
of any authorized police officer of the Township of Hardyston. The
records required to be maintained shall be kept confidential by the
dealer and shall be released only to appropriate law enforcement personnel.
The records shall be maintained by the licensee for a period of not
less than five years.
Each dealer doing business in the Township of Hardyston shall
deliver on a weekly basis to the Chief of Police the description of
all items purchased, received or sold, from the preceding week, on
forms prescribed by the Chief of Police.
No dealer shall sell, melt, change the form of or dispose of
any articles purchased or received less than three days from the date
the notification is made to the Chief of Police, and all such items
shall remain on the premises where the purchase was made and made
available for at least three days to any authorized police officer
requesting such items.
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, nor with any individual who is in an
intoxicated state and/or is under the influence of intoxicating liquor,
narcotics or hallucinogenic or habit-producing drugs.
Licenses issued under the provisions of this chapter may be
revoked by the Chief of Police, after a hearing, upon notice to the
applicant, for any of the following causes:
A.
Fraud, misrepresentation or false statement contained in the application
for a license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on the business of purchasing secondhand precious metals,
gems and jewelry.
C.
Any violation of this chapter.
D.
Conviction of any crime or disorderly persons offense involving moral
turpitude.
E.
Conducting the business of soliciting or canvassing in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
This chapter shall not be applicable to the following:
A.
Any person, partnership, corporation or entity which receives secondhand
gold, silver, precious metals, gems or jewelry as a gift.
B.
Any private sale that is conducted by two parties that are not regularly
employed as dealers, as defined herein, which shall include but not
be limited to: items sold at a garage or tag sale or an individual
making a one-time sale of his or her own personal property to another
private individual.
C.
Any person, partnership, corporation or entity engaged in retail,
provided the sale of jewelry is not his primary business and further
provided that the person, partnership, corporation or entity does
not engage in the purchase of used or secondhand jewelry on more than
three days in a calendar year.
Any person as defined above who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $2,000 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.
