[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington as indicated in article histories. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 272.
[Adopted 5-24-2012 by Ord. No. 2012-15]
As used in this article, the following terms shall have the meanings indicated:
- DEALER IN SECONDHAND JEWELRY OR OLD GOLD
- Includes but is not limited to those businesses, persons or other entities which in any fashion or degree transact in secondhand jewelry or old gold, their agents, employees and representatives.
- SECONDHAND JEWELRY OR OLD GOLD
- Any and all previously owned jewelry, coins, medallions, articles and other collectibles or things containing silver, gold, platinum, jewels or other precious stones, metals and/or other precious substances.
Dealer in secondhand jewelry or old gold license. No person or entity shall use, exercise, conduct or carry on the business or trade of a dealer in secondhand jewelry or old gold without being licensed for that purpose by the officer-in-charge or the Chief of Police, subject to approval by the Borough Clerk, or shall carry on such business or trade at any place other than the one designated in such license or shall continue to carry on such business after such license has expired or has been removed.
The application for a secondhand jewelry dealer's license shall be prepared by the Police Department and approved by the Borough Clerk. Each application for a secondhand jewelry dealer's license shall contain the following information:
The name, address and social security number of the applicant; if a corporation, the names, addresses and social security numbers of the president and secretary of said corporation; if a partnership, the names, addresses and social security numbers of all partners.
The name under which the business, trade, occupation or activity is to be conducted and the address of said business, trade, occupation or activity.
A description of the nature of the business, trade, occupation or activity to be conducted in conjunction with the license.
The business telephone number of applicant.
The applicant's record of any licenses previously denied or revoked by the Borough of Wallington.
The applicant's record of any previous arrests or convictions for misdemeanors, crimes, felonies or ordinance violations, including a description of the nature of crime or offense charged, the disposition of said charge and the date and place of said disposition.
The name and address of the attorney for the applicant.
A description of the applicant's physical characteristics, including age, date of birth, sex, height, weight, hair color, eye color and distinguishing marks.
A list of the names, addresses and social security numbers of all agents, employees or representatives of the applicant to be involved in the conduct of the business, trade, occupation or activity sought in conjunction with the license hereunder.
Each application shall also require fingerprinting of the applicant. Every license that shall be granted to any dealer in secondhand jewelry or old gold shall designate the place in which the person or entity receiving such license shall be authorized to carry on such business. The applicant shall be investigated as to the applicant's character and reputation and, if said applicant is denied a license, the applicant shall forfeit the fee for the application. The fee for each application for a secondhand jewelry dealer's license or for renewal of each license shall be $100 per year. Each license shall expire at the end of one year from the date of its approval.
Change of address. In case any person or entity so licensed as aforesaid shall remove his shop or place of business from the place designated in the license, he shall immediately thereupon give notice to the officer-in-charge or the Chief of Police, and the number of his shop or place of business shall thereupon be changed on the motor vehicle used by such licensed person and made to correspond with such change of address.
Possession of lost or stolen articles. If any goods, articles or things shall be advertised in any daily newspaper of general circulation within the Borough of Wallington as having been lost or stolen and if the goods, articles or things so advertised, or any part or portion thereof, shall be or thereafter come into the possession of any dealer in secondhand jewelry or old gold, he shall forthwith give information thereof in writing at the office of the officer-in-charge or the Chief of Police and shall also state from whom the same was received. Every dealer in secondhand jewelry or old gold who shall receive or be in possession of any goods, articles or things which may have been lost or stolen, or are alleged or supposed to have been lost or stolen, shall forthwith, on demand to view the same, exhibit same to the Borough Clerk, officer-in-charge or the Chief of Police or any municipal judge or any judge at any criminal court or any policeman who may be authorized by any of the above-mentioned officers or magistrates to make such a demand.
Records required. Every dealer in secondhand jewelry or old gold shall provide and keep a book in which shall be clearly written at the time of each purchase a description of the article so purchased, the name and residence of the person from whom such purchase was made and the day and hour of such purchase.
Daily submissions of records. Every dealer in secondhand jewelry or old gold doing business in the Borough of Wallington shall deliver to the officer-in-charge or the Chief of Police of said Borough, every day before 11:00 a.m., a legible and correct transcript of the records of his transactions of the previous day. Said transcript shall be on forms prescribed by the officer-in-charge or the Chief of Police.
Revocation. The Borough Clerk may refuse to issue or renew or may revoke or suspend any license issued hereunder if the applicant or licensee or his agent or employee fails to qualify or violates any of the provisions of this article.
Hearings regarding suspension or revocation. No license hereunder shall be revoked or suspended in accordance with this article unless the Borough Council shall hold a hearing concerning such revocation or suspension, which hearing may be held upon five days' notice to the applicant. Nothing hereunder, however, shall be construed as precluding, limiting or otherwise affecting the right of the Borough to suspend or revoke licenses as provided for under other chapters of the Code of the Borough of Wallington.
Hearing procedure. At the hearing before the Borough Council:
The applicant may be present in person or represented by counsel.
The testimony of the hearing shall be recorded and transcribed.
Upon being satisfied that the applicant or licensee is guilty of the violations charged, the Borough Council may suspend or revoke the license granted, and in the case of such suspension or revocation of such license, the applicant or licensee shall not be entitled to the return of any portion of the license fee paid to the Borough.
Restrictions. No person operating a store which deals in secondhand jewelry or old gold shall receive or purchase any goods, articles or things whatsoever from any minor under the age of 18 years of age without written authorization of such person's parents or legal guardian nor from any apprentice or servant without written authorization from such person's employer.
Restrictions. No person owning or operating a store which deals in secondhand jewelry or old gold shall sell, melt, change the form of or dispose of any article bought or received by him within 15 days after said article is reported.
Any person or corporation who or which violates the provisions of this article shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington. Any person or entity who aids, assists or abets in the violation of any of the provisions of this article shall be subject to the penalties herein provided for.
The conviction of a licensee for a violation hereunder shall not prevent the Borough from taking action to suspend or revoke the license of a person so convicted as herein provided. Further, nothing hereunder shall be construed as precluding, limiting or otherwise affecting the rights of the Borough Police Department to pursue the issuance and prosecution of criminal charges against any person or entity which violates any provision of this article.