[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
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:
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.
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.
A.
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.
B.
Application.
(1)
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:
(a)
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.
(b)
The name under which the business, trade, occupation or activity
is to be conducted and the address of said business, trade, occupation
or activity.
(c)
A description of the nature of the business, trade, occupation
or activity to be conducted in conjunction with the license.
(d)
The business telephone number of applicant.
(e)
The applicant's record of any licenses previously denied
or revoked by the Borough of Wallington.
(f)
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.
(g)
The name and address of the attorney for the applicant.
(h)
A description of the applicant's physical characteristics,
including age, date of birth, sex, height, weight, hair color, eye
color and distinguishing marks.
(i)
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.
(2)
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
Hearing procedure. At the hearing before the Borough Council:
(1)
The applicant may be present in person or represented by counsel.
(2)
The testimony of the hearing shall be recorded and transcribed.
(3)
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.
