As used in this article, the following terms shall have the
meanings indicated:
DEALER
Any person, partnership or corporation who, through any means,
buys or sells gold, silver, precious metals or jewelry, and includes
anyone advertising the purchase or sale of any of the aforementioned
items.
REGULATED ACTIVITY
The purchase of any item containing gold or silver or gems
or any other precious metals, except for coins, for subsequent resale
purposes and not for personal use.
Upon receipt of an application and fee pursuant to, the Borough
Clerk shall refer such application to the Chief of Police, who shall
institute such investigation of the applicant's moral character and
business responsibility as deemed necessary for the protection of
the public welfare. The applicant shall sign a waiver authorizing
a criminal history check to be conducted by the Borough of Spotswood
Police Department. Upon completion of the investigation, the Chief
of Police shall return the application or a copy thereof to the Borough
Clerk, within a reasonable period of time, accompanied by his recommendations
as to whether the license should be issued or denied. If the recommendation
is to deny the license, the grounds for such recommendation shall
be stated. Grounds for recommending denial of a license may include
information indicating that the applicant is not of good moral character
or is of questionable business responsibility, and a recommendation
of denial shall be given if the applicant has been convicted of any
crime or disorderly persons offense involving dishonesty, fraud, deceit
or misrepresentation or for failure to execute a waiver authorizing
a criminal history check to be conducted. Upon receipt of the recommendation
of the Chief of Police, the Borough Clerk shall issue or deny the
license accordingly. If the license is denied, 75% of the fees shall
be returned to the applicant, the balance going to offset the cost
of the investigation. Any person aggrieved by such denial may appeal
to the Borough Council, which may affirm, reverse or modify the decision.
Any person or persons, as defined above, who violates any provision
of this article shall, upon conviction thereof, be punished by a fine
of not more than $2,000 or be imprisoned for not more than 90 days,
or both, at the discretion of the Municipal Judge. A separate offense
shall be deemed committed in each day during or in which a violation
occurred or continues.