[HISTORY: Adopted by the Board of Commissioners of the Borough of
Collingswood 6-1-1998 by Ord. No. 1153.
Amendments noted where applicable.]
A.Â
The Borough Commission hereby finds that there is a need
to regulate and control the buying and selling of gold, silver and precious
or semiprecious gems, in order to prevent the easy disposal of items, which
have been unlawfully obtained as the result of crime, while protecting and
recognizing the legitimate businesses which are engaged in the buying and
selling of gold, silver and precious or semiprecious gems.
B.Â
The Borough Commission hereby finds that there is a need
to regulate and control the buying and selling of other metals, such as aluminum,
copper, magnesium and ferrous metals, which have been unlawfully obtained,
as the result of crime, while protecting and recognizing the legitimate businesses
which are engaged in the buying and selling of other metals, such as aluminum,
copper, magnesium and ferrous metals.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person, partnership or corporation who or which, through any
means, buys, transfers or obtains from consignment gold, silver, precious
or semiprecious metals or gems or other metals, as defined in this chapter.
Any person, partnership or corporation who or which, through any
means, buys, sells, transfers or obtains from consignment gold, silver, precious
or semiprecious metals or gems or other metals, as defined in this chapter,
and includes anyone advertising the purchase or sale of any of the aforementioned
items.
Any article or product with a gold content, without regard to the
fineness thereof.
Any person under the age of 18 years.
Any item made of aluminum, copper, magnesium or other ferrous metals.
Not limited to those categories known as "diamonds, rubies, pearls
and sapphires," and is commonly called a "jewel."
Includes any exchange of gold, silver or any precious or semiprecious
gem or other metals, as defined in this chapter, for anything of value. A
payment need not be made by way of money in order to constitute "purchase"
for the purposes of this chapter.
The purchase of any used item, as defined in § 225-1.
Any person, partnership or corporation who or which, through any
means, sells, transfers or offers by consignment gold, silver, precious or
semiprecious metals or gems or other metals, as defined in this chapter.
Any article or product with a silver content, without regard to the
fineness thereof.
Any item containing gold or silver previously sold or transferred
to a consumer for the personal use or enjoyment of such consumer.
No person shall engage in a regulated activity, as defined above, without
having first obtained a license therefor from the Borough Clerk, which license
shall bear a number issued by the Borough Clerk and shall be prominently displayed
within the licensed premises. The requirement of a license shall apply to
the business entity and to any individual employee who engages in a regulated
activity on behalf of a business entity.
At the time of filing the application for a license, a license fee of
$25 shall be paid for the annual license for the premises, where the activity
is to be conducted, together with a fee of $25 for each person working under
the premises license. Thereafter, the annual renewal fee for the premises
will be $25, and for each person working under the premises license $10.
Each license shall be issued from August 1 to July 31.
An application for a license shall be in writing on forms available
from the Borough Administrator. The application form, and pertinent information
required, shall be developed by the Borough of Collingswood through the Police
Department, and the application shall be amended from time to time, as necessary,
in order to provide the necessary information required by the Police Department
to comply with the intent of this chapter.
Upon receipt of an application completed pursuant to this chapter, the
Clerk shall refer the application to the Chief of Police, who shall institute
such investigation of the applicant's moral character and business responsibility
as he deems necessary for the protection of the public welfare. Upon completion
of the investigation, which in no case shall take more than 30 days, the Chief
of Police shall return the application, or a copy thereof, to the Clerk, accompanied
by his recommendation as to whether the license should be issued or denied.
If the recommendation of the Chief of Police is to deny the license, the grounds
for the recommendation shall be stated. Any person aggrieved by such denial
may file a written appeal to the Borough Commission through the Borough Administrator.
The Borough Commission may confirm or reverse the denial, as deemed advisable.
Any license may be revoked for any violation of this chapter, in addition
to any other penalty imposed for any violation. Upon any violation, the Borough
Commission may suspend a license upon written notice to the license holder.
Upon receipt of the notice of suspension, the license holder may, within 10
days, request a hearing on the suspension before the Borough Commission. The
hearing shall be held within 30 days of the request, at which hearing the
license holder shall have the opportunity to be heard. At the conclusion of
the hearing, the Borough Commission shall either revoke the license or shall
reinstate the license. In the event that the license holder shall not request
a hearing, the license shall be automatically revoked upon the expiration
of 10 days, after the notice of suspension has been given to the license holder.
No person licensed as a dealer in the borough shall, by virtue of one
license, keep more than one place of business for receiving or taking goods.
No dealer shall, at any time, do business at any place other than the
place for which the license was granted.
A.Â
Every licensee shall issue to the seller, and keep for
his own records, for not less than one year, a serialized receipt for each
purchase of precious metals or other metals, as defined, containing the following:
(1)Â
The name and address of the buyer.
(2)Â
The date of the transaction.
(3)Â
The names and specific description of the metals purchased.
(4)Â
The finenesses of the precious metals purchased.
(5)Â
The weights of the precious metals purchased.
(6)Â
The prices paid for the precious metals at the standard
measures of weight and fineness.
(7)Â
The name, address and signature of the seller.
(8)Â
The driver's license number of the seller, and a
photocopy of the driver's license, if available.
B.Â
The buyer shall maintain the record of transactions in
a ledger and make the ledger available for inspection by any police officer.
A licensee shall not accept or buy any gold, silver or precious or semiprecious
gem from any person under the age of 18 years, unless such minor is accompanied
by a parent or guardian, and said parent or guardian gives specific written
consent to the transaction and acknowledges the receipt required by the buyer
to be given to the seller.
No dealers shall sell any article until the same has been in their possession
at least 15 days.
Any person, as defined above, who violates any provision of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding $1,000
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.
