[HISTORY: Adopted by the Mayor and Council of the Borough
of Haddon Heights 7-2-2013 by Ord. No. 1396. 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 as
defined in N.J.S.A. 51:6A-5, gems or jewelry, including any person,
partnership, corporation or other entity that advertises the purchase
or sale of any of the aforementioned items. Notwithstanding the foregoing,
no newspaper, television station or other media that acts as a conduit
or vehicle for a dealer's advertising as set forth in this definition
shall be considered a dealer.
Any business conducted intermittently within the Borough
of Haddon Heights or at varying locations, at least one of which is
within the Borough of Haddon Heights.
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 Haddon Heights shall first register with the Chief of the Haddon
Heights 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, for purposes of this
chapter, be deemed the applicant(s) and shag be required to comply
with all responsibilities and obligations imposed on an applicant
by this chapter. The burden shall be on the applicant to demonstrate
satisfactory moral character and business responsibility. Upon completion
of the investigation, Chief of the Haddon Heights 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 Chief of the
Haddon Heights 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 Haddon
Heights 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 Haddon Heights 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.
In its discretion, the Borough Council may appoint a single member
of the Borough Council, or any other suitable, impartial individual
authorized to administer oaths, to act as hearing officer. If the
Borough Council chooses to appoint a hearing officer, the heating
officer shall conduct a hearing within 30 days of appointment as hearing
officer and shall render a report and recommendation, addressed to
the Borough Council, within 20 days of the close of the hearing. The
Borough Council shall, at its next scheduled meeting, adopt or reject
the recommendation of the hearing officer and, based on said adoption
or rejection, grant or deny the license contemplated by this chapter.
The fee for a license under this chapter shall be set by Borough Council and reviewed from time to time, and shall be a fee for the calendar year. A license issued under the provisions of this chapter shall not be transferable and shall terminate one year from the date of issue. A licensee who wishes to renew its license shall, at least 30 days prior to the expiration of the license, advise the Chief of Police or his designee. The Chief of Police or his designee shall institute such investigation as he deems necessary to ascertain whether the licensee continues to satisfy the requirements of this chapter. If the Chief of Police or his designee determines that the licensee continues to satisfy the requirements of this chapter, the license shall be renewed for a subsequent one-year period. If the Chief of Police or his designee determines that the licensee does not satisfy the requirements of this chapter, the licensee may avail itself of the procedures in § 278-2 to appeal the Chief of Police's determination. In the event that the Chief of Police or his designee is unable to make a determination on the renewal of the license prior to the expiration date of the license, the term of the license shall automatically be extended beyond its expiration until such time as the Chief of Police or his designee makes a determination, provided that an application for renewal is submitted to the Chief of Police at least 30 days prior to the expiration of the license.
Each dealer shall maintain a complete record of each purchase
and sale, including the amount paid, description of the item, any
identifying numbers or engravings, and employee of the dealer making
the transaction. 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.
All records required under this section shall be maintained in a legible
form. The dealer shall issue to the seller and keep for his own records,
for not less than five years, a record of the weights of the precious
metals purchased and the fineness of the precious metal. This information
is to be documented on the "Secondhand Jewelry Transaction Receipt"
form supplied by the Haddon Heights Police Department. These records
shall be made available to any police officer of the Borough of Haddon
Heights requesting same in the normal course of his duties. The records
required to be maintained by this chapter shall be kept confidential
by the dealer and shared with no other person, other than a law enforcement
officer acting in the normal course of his or her duties.
Each dealer doing business in the Borough of Haddon Heights
shall deliver to the Chief of the Haddon Heights Police Department,
or the officer so designated by the Chief of Police, a description
of all precious metals purchased, received or sold including a color
photograph of the item(s) being purchased by the dealer within two
business days of the completion of the transaction of the "Secondhand
Jewelry Transaction Receipt" forms prescribed by the Public Safety
Director, or officer in charge. Each dealer shall also provide a color
photograph of the seller's presented identification. Acceptable
identification shall consist of a New Jersey driver's license,
New Jersey issued identification, valid passport, or other verifiable
identification containing a photo and issued by a government agency.
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 business 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 shall require identification from any person or
entity that the dealer is purchasing any product subject to this chapter
from. No transaction subject to this chapter shall take place with
any minor, as herein defined, nor with any individual who the dealer
knows or reasonably should know is in an intoxicated state and/or
is under the influence of intoxicating liquor, narcotics or hallucinogenic
or habit-producing drugs.
A.
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 as to form by the Solicitor, shall be in the
penal sum required by N.J.A.C. 13:47C-6.1, 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 wider
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 be valid for a minimum of one year from
the date of issuance of the license required by this chapter and must
be renewed annually along with the license. Proof of renewal of the
bond shall be provided to the Chief of Police or his designee at the
time of renewal of the license. Every itinerant business must also
show proof of bond, issued license in jurisdiction of origin, and
weights and measures inspection and shall, in all other respects,
comply with applicable state statutes.
B.
No bond shall be valid unless it contains, at a minimum, the following language: "The obligation of this bond shall, in addition to the Borough of Haddon Heights, 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 278 of the Ordinances of the Borough of Haddon Heights."
Licenses issued under the provisions of this chapter may be
revoked by the Chief of the Haddon Heights 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 minimum
fine of $200 up to a maximum of $2,000, and/or imprisonment for a
term not exceeding 90 days; and/or a period of community service not
exceeding 90 days per offense. If the violation is of a continuing
nature, each day during which it continues shall constitute a separate
and distinct offense.
All ordinances contrary to the provisions of this chapter are
hereby repealed to the extent that they are inconsistent herewith.
Further, this chapter is intended to supplement the provisions of
N.J.S.A. 51:5-1 et seq. 51:6-1 et seq. and 51:6A-1 et seq.
This chapter shall take effect upon passage and publication
according to law; provided, however, that all dealers shall have 60
days from the date of publication of this ordinance to apply for the
license required by this chapter.
