[HISTORY: Adopted by the Mayor and Council of the Borough
of Oaklyn 3-13-2012 by Ord. No. 2-12. 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 and 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 Borough
of Oaklyn 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 Borough
of Oaklyn shall first register with the Chief of the Oaklyn Police
Department, or the officer so designated by 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 the Oaklyn Police
Department, or the officer so designated by 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.
B.
Any applicant denied a license under this section by the Chief of
the Oaklyn Police Department, or the officer so designated by the
Chief of Police, based upon the results of an investigation, may appeal
such denial to the Borough Council of the Borough of Oaklyn within
15 days of the date of the denial. This appeal shall be perfected
by service of a notice of appeal on the Borough Clerk of the Borough
of Oaklyn either personally or by certified mail.
C.
The Borough Council shall conduct a hearing on this appeal within
30 days of its receipt of the appeal, and shall render a decision,
in writing, on the appeal within 20 days of the close of the hearing.
The fee for a license under this chapter shall be $200, per
calendar year. 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.
Each dealer shall maintain a complete record of each purchase
and sale, including the amount paid, 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. The name of the clerk making the transaction shall
be "legibly set forth." The dealer shall issue to the seller and keep
for his own records, for not less than five years, the weights of
the precious metals purchase and the fineness of the precious metal.
This information is to be documented on the "Secondhand Jewelry Transaction
Receipt" form supplied by the Oaklyn Borough Police Department. These
records shall be subject to the inspection of any law enforcement
officer requesting same in the normal course of his duties. The records
required to be maintained shall be kept confidential by the dealer
and shall be released only to appropriate law enforcement personnel.
The precious metal shall be retained in the form in which they were
purchased for a period of 10 business days.
Each dealer doing business in the Borough of Oaklyn shall deliver
to the Chief of the Oaklyn Police Department, or the officer so designated
by the Chief of Police, the description of all items purchased, received
or sold, including a photographed recording of the item(s) being purchased
by the dealer within 48 hours of the completion of the transaction
of the "Secondhand Jewelry Transaction Receipt" forms prescribed by
the Public Safety Director, or officer in charge. The photograph shall
be of digital form and quality with the ability to be electronically
transferred to a computer.
No dealer shall sell, melt or change the form of or dispose
of any articles purchased or received within 10 days of the date of
said purchase, and all such items shall be made available for at least
10 business days to any authorized police officer requesting such
items.
Each dealer must require identification of the person with whom
he is transacting business, and no transaction may be made with any
minor, as herein defined, nor with any individual whom a reasonable
person would believe to be in an intoxicated state and/or who is under
the influence of intoxicating liquor, narcotics or hallucinogenic
or habit-producing drugs.
Each licensee shall deliver a bond to the Borough Clerk executed by the applicant as principal with a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond, to be approved by the Borough Attorney, shall be in the penal sum of $10,000, conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the Borough in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against the licensee licensed under this chapter by reason of any damage sustained by any such person as a result of the operations of the licensee under this chapter, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: The obligation of this bond shall, in addition to the Borough of Oaklyn, be and remain for the benefit of any person who shall obtain a judgment against obligor, as a result of damage sustained in operation pursuant to any license granted under Chapter 100 of the Ordinances of the Borough of Oaklyn. Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license. As per state law every itinerant business must also show proof of bond, issued license in jurisdiction of origin and weights and measures inspection.
Licenses issued under the provisions of this chapter may be
revoked by the Chief of the Oaklyn Police Department, or the officer
so designated 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 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 and general welfare
of the public.
Any person who violates any provision of this chapter shall,
upon conviction, be subject to one or more of the following: a fine
not exceeding $1,000; and/or imprisonment for a term not exceeding
90 days; and/or a period of community service not exceeding 90 days.
If the violation is of a continuing nature, each day during which
it continues shall constitute a separate and distinct offense.
