No person or business entity shall engage in the business of or operate a business as a secondhand dealer without first obtaining from the Township of Haddon a license authorizing such business or operation. In addition to the license required by this section, any business which also qualifies as a "pawnbroker" under the Pawnbroking Law must obtain a pawnbroking license from the New Jersey Department of Banking and Insurance in accordance with the Pawnbroking Law and from the Township as otherwise set forth in Article IV of this chapter.
A.
Application. Any person or business entity wishing to engage in the
business of or to operate a business as a secondhand dealer shall
apply, in writing, to the Township Clerk for the license required
by this section, which application shall include, without limitation,
the following:
(1)
The name of the person, persons, business entity or business entities
applying for the license (the "applicant");
(2)
The current residential address, telephone number, cellular telephone
number, date of birth, driver's license number and social security
number or federal tax identification number of the individual applicant,
or if the applicant is a business entity, the current residential
address, telephone number, cellular telephone number, date of birth,
driver's license number and social security number or federal
tax identification number of all individual officers, directors, members,
shareholders or owners of such business entity which hold more than
a ten-percent ownership interest in the business entity;
(3)
The location for which the license is requested, including, but not
limited to the street number and street name of the proposed location;
(4)
Whether the applicant or any of the applicant's officers, directors,
members, shareholders or owners have been convicted of any criminal
offense or ordinance violation (other than traffic or parking offenses)
in any jurisdiction and, if so, a list of such convictions with date
and prosecuting jurisdiction;
(5)
Whether the applicant or any of the applicant's officers, directors,
members, shareholders or owners have held a license or had an interest
in a license issued by this or any other jurisdiction regulating the
purchase and sale of secondhand goods which license was revoked and,
if so, list the date of revocation and the jurisdiction;
(6)
In the case of a pawnbroker, a copy of the pawnbroking license issued
by the Department of Banking and Insurance in accordance with the
Pawnbroking Law;
B.
Investigation of application by Police Department. Upon receipt of
an application for a license in accordance with this article, the
Township Clerk shall cause a copy thereof to be sent to the Police
Department, which shall report back to the Township Clerk within 21
days whether the applicant(s) is/are in accordance with the Code of
the Township of Haddon and, in the case of a pawnbroker, whether the
applicant's pawnbroking license issued by the Department of Banking
and Insurance is in good standing or has been revoked.
C.
Issuance of license. Upon receipt of a favorable report from the
Police Department required by this article, the Township Clerk shall
issue a license to the applicant unless the Township Clerk finds:
(2)
The applicant, including any person described in § 174-6A(2), has been convicted of or has pleaded guilty to any offense related to theft, burglary, or purchasing or receiving stolen items under the laws of this state, the Township or any other jurisdiction within the last 10 years, or have forfeited a bond to appear in court to answer for charges for such offenses during said time; or
(3)
The applicant, including any person described in § 174-6A(2), has been convicted of an offense involving breach of trust, moral turpitude or fraudulent or dishonest dealing, or has had a final judgment entered against him in a civil action upon grounds of fraud, misrepresentation or deceit; or
(4)
The applicant, including any person described in § 174-6A(2), has held a license or had an interest in a license regulating the purchase or sale of secondhand property which was issued by the Township or any other jurisdiction and which was revoked for cause; or
(5)
The location for which the license was requested is not a permanent
structure; or
D.
Contents of license. All licenses issued by the Township Clerk in
accordance with this article shall include, without limitation, the
following information:
(1)
The license number assigned to the license by the Township Clerk;
(2)
The name of the person or business entity to whom the license was
issued;
(3)
The location where the person or business entity is licensed to conduct
business as a secondhand dealer, including the street name and street
number thereof;
(4)
The hours of operation during which the licensee is permitted to
conduct business as a secondhand dealer on the licensed premises pursuant
to the license; and
(5)
The license number, if any, of the license issued by the New Jersey
Department of Banking and Insurance to any secondhand dealer who also
qualifies as or constitutes a "pawnbroker" under the Pawnbroking Law.
Every license issued in accordance with this article shall be valid from January 1 to December 31 of each year and shall be renewable on an annual basis. Any license issued after January 1 shall expire on December 31 of the year in which it was issued. The fee for the license and each annual renewal thereof shall be as provided in § 111-22 of the Code of the Township of Haddon. The fee for each annual renewal shall be paid no later than December 1 prior to or before the year for which the renewal is sought.
Every license issued in accordance with the provisions of this
article shall, at all times during the period for which it is effective,
be posted in a conspicuous place at or near the principal entrances
to the premises for which the license was issued.
A license issued in accordance with this article may be revoked
or suspended as follows:
A.
The governing body may revoke or suspend, for a period not to exceed
30 days, any license issued to a secondhand dealer in accordance with
this article if the governing body finds:
(1)
The person or business entity to whom the license was issued, including any person described in § 174-6A(2), violated any of the provisions of this chapter, the laws of the State of New Jersey, or the Code of the Township of Haddon in the operation of the business for which the license was issued;
(3)
The person or business entity to whom the license was issued, including any person described in § 174-6A(2), knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or with respect to any investigation authorized by § 174-6B;
(4)
The person or business entity to whom the license was issued has
become insolvent or has acted in a way that indicates the licensee's
business is not being operated in a financially responsible manner;
(5)
The person or business entity to whom the license was issued has
demonstrated unworthiness, incompetence, and faith or dishonesty in
transacting business or otherwise; or
(6)
The person or business entity to whom the license was issued has
engaged in any other conduct which would be deemed by the governing
body to be grounds to deny, revoke or suspend a license.
B.
Notwithstanding the foregoing, and without limiting the effect thereof, any person or business entity to whom a license was issued, including any person described in § 174-6A(2), who is found to have obtained a license in accordance with this article by intentionally furnishing the Township with false or misleading information on the license application shall, upon the discovery thereof, suffer an immediate revocation of such license and all fees paid by such person or business entity shall be deemed to be forfeited.
Prior to delivering any approved license to the person or business
entity identified in such license, the Township Clerk shall assign
a number to the license and shall record in a book kept solely for
the purpose stated herein the following information for each license:
the license number, name of the person or business entity to whom
the license was issued, the location for which the license was issued
and the date the license was issued. For any license that is revoked
or suspended in accordance with this chapter, the Township Clerk shall
record in the same book the date the license was revoked or suspended
and the date, if any, the license was reinstated. The book maintained
by the Township Clerk for this purpose shall be labeled "Licenses
- Secondhand Dealers" and shall be made available during normal business
hours for inspection by the Police Department of the Township of Haddon,
the Camden County Prosecutor, the Commissioner of the Department of
Banking and Insurance, any other governmental agency with jurisdiction,
and/or the appointed or designated representative or representatives
of each.
The following are exempt from the requirements of this article:
A.
Garage sales;
B.
Sales conducted by governmental, civic, patriotic, fraternal, educational,
religious or benevolent organizations which have been in active and
continuous existence for at least one year prior to the holding of
a sale or which are incorporated as a not-for-profit corporation by
the State of New Jersey;
C.
Sales or purchases which are regulated by other licensing laws of
the State of New Jersey, including automobile dealers, used parts
dealers and automotive parts recyclers; and
D.
Antique dealers and sales or purchases conducted by antique dealers.
No person or business entity issued a license in accordance
with this article shall conduct any business required to be licensed
by this article except at the location designated on the license.
A licensee who desires to change the location at which such business
is conducted shall file with the Township Clerk a written application
for a change in location. The licensee shall have the burden of obtaining
a zoning permit, in accordance with the Code of the Township of Haddon,
demonstrating that such business is permitted or allowed to be conducted
in the Zoning District in which the new location is situated.
A license issued in accordance with this article is not transferable.
A licensee shall have no right to assign or transfer its license to
any other person or business entity. A person or business entity that
wishes to conduct the licensee's business in lieu of or in place
of the licensee, including any purchaser or assignee of the licensee's
business, must obtain a license in his/her/its own name in accordance
with the procedures established in this chapter.
In addition to the licensing requirement set forth in this article, every secondhand dealer and pawnbroker that applies for a license in accordance with this chapter shall first obtain a zoning permit from the Haddon Township Zoning Official evidencing that the zoning district within which the proposed secondhand dealership or pawn shop is to be located allows or permits the proposed use. If the Zoning Official denies an application for a zoning permit on the basis that the proposed secondhand dealership or pawn shop is not a permitted use in the zoning district in which said business is proposed to be located, the secondhand dealer or pawnbroker shall obtain approval from the Zoning Board of Adjustment and submit evidence of said approval with its license application in addition to the zoning permit required by § 174-6A(7).
