[1]
Editor's Note: The general power to license and prescribe
license fees is contained in N.J.S.A. 40:52-1, et seq. Licensing is
also part of the general police power granted by N.J.S.A. 40:48-1,
et seq. Taxicabs must also comply with the requirements of N.J.S.A.
48:16-1, et seq.
[1967 Code § 9-1]
As used in this section, the following words shall have the
meanings indicated:
The driving of an empty taxicab along a public street at
a slow rate of speed for the obvious purpose of soliciting passengers.
Operation of a taxicab consists of transporting in a taxicab
one or more persons for hire. Accepting a passenger to be transported
for hire from a point of departure within the Borough to a destination
within or without the Borough shall be considered operation of a taxicab
within the Borough. The operation of a taxicab by one other than the
owner shall be deemed operation by the owner as well as by the person
actually driving the taxi. The transportation of any person other
than the owner or driver in any motor vehicle bearing a sign using
the words "taxi," "taxicab," "cab," or "hack" shall be prima facie
evidence of operation.
Any person in whose name title to any taxicab is registered
with the New Jersey Department of Motor Vehicles, or who appears in
the department's records to be a conditional vendee or lessee or has
any other proprietary interest in a taxicab.
A motor vehicle used to transport passengers for hire which
does not operate over a fixed route and is not hired by the day or
hour.
[1967 Code § 9-2]
No person shall operate a taxicab within the Borough of Bound
Brook unless both the owner and the driver of the taxicab are licensed
under this section.
[1967 Code § 9-3]
a.
Owner's license. The holder of a taxicab owner's license shall be
entitled to operate a taxicab owned by him within the Borough of Bound
Brook provided that the person driving the cab holds a valid taxicab
driver's license.
b.
Driver's license. The holder of a taxicab driver's license shall
be entitled to operate within the Borough of Bound Brook any taxicab
whose owner has been licensed under this section.
[1967 Code § 9-4.1; 1967 Code § 9-4; Ord. No. 05-03 § 1; Ord. No. 07-03; Ord. No. 2009-15]
a.
Application of information. An application for a taxicab owner's
license shall be made to the Municipal Clerk upon forms provided by
him and shall contain the following information:
1.
The name and address of the applicant. If the applicant is a corporation,
its name, the address of its principal place of business, and the
name and address of its registered agent.
2.
A statement as to whether the applicant has ever been convicted of
violating any criminal or quasi-criminal statute, including traffic
laws and municipal ordinances. If the applicant has been convicted,
a statement as to the date and place of conviction, the nature of
the offense, and the punishment imposed.
3.
The number of vehicles to be operated or controlled by the applicant
and the location of any proposed depots or terminals.
4.
The previous experience of the applicant in the transportation of
passengers for hire, including the name of any other State or municipality
where the applicant has ever been licensed to operate a taxicab, whether
his license was ever suspended or revoked, or his application for
the issuance or renewal of a license denied, and the reasons for the
denial, suspension or revocation.
5.
Appropriate evidence as to the applicant's good character and business
and financial responsibility so that an investigator will be able
to properly evaluate it.
6.
Appropriate evidence that the applicant is insured as required by
N.J.S.A. 48:16-3, et seq.
7.
Any other appropriate information which the Mayor and Council may
by resolution require.
b.
Applications shall be verified by oath or affirmation. Application
by a partnership shall give the information required by this subsection
for each partner and shall be verified by all partners. Application
by a corporation shall give the information required for and be verified
by all officers and directors and all persons holding more than 10%
of the corporation's common stock.
c.
Investigation. The Chief of Police or a Police Officer designated
by him shall also institute an investigation of the facts stated in
the application and shall evaluate the application in the light of
the criteria set forth in paragraph a above. A report containing the
results of the investigation and evaluation, a recommendation by the
Chief of Police that the license be granted or denied, and the reasons
for his recommendation shall be forwarded to the Mayor and Council
at least three days before the date set for a hearing. A copy of the
report shall also be sent to the applicant.
d.
Notice of hearing. The Chief of Police shall advise the Mayor and
Council of the filing of an application for a new license. The Mayor
and Council shall set a date for a hearing on the application and
shall notify the applicant. The date set shall be within a reasonable
time after the filing of the application. The applicant shall cause
a notice of the time and place of hearing to be published once in
a newspaper circulating in the Borough of Bound Brook at least three
days before the date set for the hearing.
e.
Conduct of hearing. At the hearing any person who is a resident or
taxpayer of the Borough of Bound Brook may appear in person and make
a brief statement or submit a written statement in support of or in
opposition to the granting of a license. In addition, the applicant
and any other person who will be affected by the granting or denial
of the license other than as a Borough resident or taxpayer shall
have the right to be represented by an attorney, to testify himself
or present witnesses in support of his position, to cross-examine
opposing witnesses and, at his own expense, to have a stenographic
record made of the proceeding. This subsection shall not prevent the
Mayor and Council from imposing reasonable limits on the number of
witnesses appearing in favor of or against the granting of the license,
the time allowed for each side to present its case, or for the examination
or cross-examination of any witness, or from imposing any other restriction
which is necessary to insure that the hearing is conducted in an orderly,
fair and expeditious manner.
f.
Issuance of license. The Mayor and Council shall by resolution grant
or deny the application. If the application is granted, the Borough
Clerk shall issue the license upon receiving from the applicant satisfactory
proof that he has complied with the laws of the State of New Jersey
relating to the operation of taxicabs. The license shall state the
name and address of the licensee, the number of vehicles which the
licensee is authorized to operate, and the date of issuance.
g.
License term; fees. A taxicab owner's license shall expire on December
31 of the year of issuance. Application for renewal shall be made
in the same manner as application for initial license except that
no hearing shall be required. Such renewal applications must be presented
to the Mayor and Council at its first regular meeting in the month
of December of each year. The fee for a taxicab owner's license shall
be $200 per year payable upon the filing of the application for the
issuance or renewal of the license. The fee shall not be prorated.
h.
Restrictions. The number of taxicab owner's licenses outstanding
at any one time shall not exceed six licenses, and no person shall
control more than one taxicab owner's licenses at any one time. A
licensee shall be authorized to operate no more than three taxicabs.
[1967 Code § 9-5; Ord. No. 05-03 § 1; Ord. No. 05-15; Ord. No. 2009-15]
a.
Application; fee. An application for a taxicab driver's license shall
be made to the Chief of Police upon forms provided by him and shall
contain the following information:
1.
The name, address and age of the applicant.
2.
The number of the applicant's New Jersey motor vehicle operator's
license.
3.
A statement as to whether the applicant has ever been convicted of
the violation of any criminal or quasi-criminal statute, including
municipal ordinances and traffic laws. If the applicant has been convicted,
the date and place of the conviction, the nature of the offense and
the punishment imposed.
4.
A list of all the places where the applicant has ever applied for
or been granted a license to drive a taxicab.
5.
A statement as to whether the applicant's license to operate a motor
vehicle or his license to drive a taxicab has ever been suspended
or revoked, or his application for the issuance or renewal of either
license denied and, if so, the date and place of the denial, suspension
or revocation and the reasons therefor.
6.
The names and addresses of all persons by whom the applicant has
been employed for the past five years, the positions held, and the
nature of the work performed.
7.
Three photographs at least two inches by two inches clearly showing
the head and shoulders of the applicant.
8.
Appropriate evidence that the applicant is not a narcotics addict,
alcoholic or habitual drunkard, is of good moral character and clean
in dress and person.
9.
The applicant shall be fingerprinted and the fingerprints immediately
processed for classification and identification.
b.
Fee. The application shall be accompanied by a fee of $200 for the
initial license period.
c.
Examination. At the time of the filing of the application, the Chief
of Police or a Police Officer designated by him shall give the applicant
a written or oral examination designed to test the applicant's knowledge
of the provisions of this section, the Motor Vehicle Act, the Traffic
Act, and other ordinances and regulations having to do with traffic
and the geography of the Borough.
d.
Investigation. The Chief of Police or a Police Officer designated
by him shall conduct an investigation of the facts stated in the application
and shall report the results to the Mayor and Council within a reasonable
time. The report shall include a recommendation that the license be
granted or denied and the reasons for the recommendation.
e.
Consideration of application; issuance of license. The Mayor and
Council shall, at their first regular meeting after receiving the
report of the Chief of Police, consider the application and either
grant or deny the license.
f.
Contents of license. Upon approval of the application by the Mayor
and Council, the Borough Clerk shall immediately issue the applicant
a taxicab driver's license. The license shall contain the licensee's
name and address, physical description, signature and photograph.
g.
Term of license; renewal fee. An initial license to drive a taxicab
shall be valid for the remainder of the calendar year in which it
was issued. A taxicab driver's license may be renewed annually upon
the payment of a $50 fee unless it has been revoked or suspended.
[1967 Code § 9-6.1]
The maximum rate of fare for trips originating and terminating
within the Borough shall be $2 for the first passenger and $0.50 for
each additional passenger carried from the same point of origin to
the same destination at the same time. In the case of trips not covered
by the provisions of this subsection, the fare shall be set by agreement
between the driver of the taxi and his passenger.
[1967 Code § 9-6.2]
b.
No taxicab while waiting for employment shall stand in any public
street or space other than any space designated as a taxi stand. No
person other than a licensed taxicab driver with a vehicle at his
immediate disposal shall solicit passengers, nor shall such driver
solicit passengers at any place other than a taxi stand. Drivers waiting
at a taxi stand must line up their cabs in such a manner that they
will not obstruct the street or the movement of any other vehicle.
[1967 Code § 9-6.3]
a.
Each taxicab shall have displayed in a conspicuous place on its side
the number of the license issued to its owner under the provisions
of this section.
b.
Each taxicab driver licensed under this section shall display his
taxicab driver's license in a manner so that it can be easily seen
by all persons riding in his cab as passengers. No license shall be
displayed in a taxicab which does not belong to the person actually
driving it at the time.
[1967 Code § 9-6.4]
Every vehicle operated under a taxicab license issued by the
Borough shall be subject to inspection at all reasonable times by
any Police Officer of the Borough.
[1967 Code § 9-6.5]
a.
Number of passengers. Each taxicab shall have in it a card displayed
within view of all passengers stating its maximum seating capacity.
This capacity shall be determined by the Chief of Police at the time
the vehicle is initially licensed. No driver shall permit more persons
to be carried in his taxicab as passengers than the number stated
as the maximum permissible seating capacity.
b.
Refusal to carry passengers. No driver shall refuse to carry any
orderly person to any destination within the Borough of Bound Brook
unless unable or forbidden by the provisions of this section.
c.
Misrepresentation. No driver of a taxicab shall induce any person
to employ him by knowingly misinforming that person as to the time
or place of the arrival or departure of any train or bus or as to
the location of any hotel, public place or private residence within
the Borough, or as to the distance between any two points, nor shall
any driver convey a passenger to any other place or over any other
route than that which the passenger may have instructed him to take.
Unless otherwise ordered, passengers shall be conveyed only over the
most direct, practical route to their destinations.
d.
Minimum hours of daily service. All persons licensed as taxicab owners
shall operate their taxicabs at least eight hours in each day. If
for any reason the owner of a taxicab is unable to comply with this
paragraph, he shall immediately so inform the Chief of Police in writing.
[1967 Code § 9-6.6]
Every license issued under this section shall apply only to
the person to whom it is issued and shall not be transferable.
[1967 Code § 9-6.7]
Each taxicab driver at the beginning and end of his tour of
duty shall carefully search the cab for any property lost or left
in it. Any lost property not claimed or delivered to the owner within
24 hours shall be reported in writing to the Chief of Police by the
driver or owner of the taxicab. The report shall give brief particulars
and a description of the property.
[1967 Code § 9-6.8]
Each vehicle licensed as a taxicab under this section shall
carry the following equipment:
[1967 Code § 9-7.1]
a.
Taxicabs. In addition to the causes for revocation of a license set forth in Section 4-1 of this Code, any license issued under this section may be revoked or suspended or any application for the issuance or renewal of a license denied for any of the following reasons:
1.
Failure to render reasonable, prompt, safe and adequate taxicab service.
2.
The existence of a judgment unsatisfied of record against the licensee
or applicant in any suit arising out of the operation of a motor vehicle.
3.
Permitting any taxicab owned or driven by the licensee to become
unsafe, unsanitary or dirty.
4.
Failure to comply with all applicable laws of the State of New Jersey.
[1967 Code § 9-7.2; Ord. No. 05-03 § 1]
An application for a driver's license may be denied and an issued
license may be suspended or revoked for any of the following reasons:
a.
Revocation or suspension of the applicant's or licensee's New Jersey
Motor Vehicle Operator's License.
b.
Contraction by the applicant or licensee of a communicable or contagious
disease.
c.
Operating a taxicab in a reckless or grossly negligent manner, or
habitually operating a taxicab in a negligent manner.
d.
Misrepresenting any fact on an application for a license.
e.
A conviction for violation of N.J.S.A. 39:4.50 during the immediately
preceding five-year period.
f.
A conviction for violation of N.J.S.A. 39:3-40 during the immediately
preceding two-year period.
g.
A conviction for violation of N.J.S.A. 39:4-96 or N.J.S.A. 39:4-97
during the immediately preceding one-year period. A conviction for
any criminal offense during the immediately preceding two-year period.
[1967 Code § 9-7.3]
The procedure for suspending or revoking a license to drive or operate a taxicab shall be the same as that set forth in Section 4-1 for the revocation of licenses issued under this chapter.
[Ord. No. 03-14; Ord. No. 2009-15]
Any applicant for issuance of a limousine license pursuant to
N.J.S.A. 48:16-17 shall pay a fee of $100 to the Borough Clerk upon
the filing of the required insurance policy.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 2012-04,
2012-09.
[Ord. No. 2015-20 § 1]
The purpose and intent of this Section 4-25 is to assist law enforcement officials and victims of crime in recovering stolen precious metals and other secondhand goods by requiring minimum identification, reporting, maintenance and distribution criteria for licensed dealers in these goods.
No person shall use, exercise, or carry on the business, trade, or occupation of buying, selling, or pawning precious metals or other secondhand goods without complying with the requirements of this Section 4-25 in the exact manner described herein.
[Ord. No. 2015-20 § 1]
A current valid New Jersey Driver's License or Identification
Card, a current valid photo driver's license issued by another state
in the United States, a valid United States Passport, or other verifiable
United States Government issued identification, which will be recorded
on the receipt retained by the dealer and subsequently forwarded to
the local Police Department on request.
Any person, partnership, limited liability company, corporation,
or other entity who, either wholly or in part, engages in or operates
any of the following trades or businesses: buying, for purposes of
resale, precious metals, jewelry, or other secondhand goods as defined
herein; pawnbrokers as defined herein; itinerant businesses as defined
herein. For purposes of this section, transient buyers, as defined
herein, are subject to the same licensing and reporting requirements
as any other dealers.
A dealer who conducts business intermittently within the
municipality or at varying locations.
The Borough Clerk of the Borough of Bound Brook whose duties
are defined in N.J.S.A. 40A:9-133.
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than choses
in action, securities, or printed evidences of indebtedness; purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehousemen and lending
money on goods, wares or merchandise pledged or deposited as collateral
security.
Gold, silver, platinum, palladium, and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51-6-1 et seq.
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
Every transaction conducted between a dealer and a member
of the public in which precious metals, jewelry, or any other secondhand
goods as defined herein are purchased or pawned.
Used goods such as antiques, gold, silver, platinum, or other
precious metals, jewelry, coins, gemstones, gift cards, any tools,
telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For purposes of this section, secondhand goods shall not
include goods transacted in the following manner: i) judicial sales
or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) the occasional sale, purchase, or exchange of coins
or stamps by a person at his/her permanent residence or in any municipally-owned
building who is engaged in the hobby of collecting coins or stamps
and who does not solicit the sale, purchase, or exchange of such coins
or stamps to or from the general public by billboard, sign, handbill,
newspaper, magazine, radio, television, or other form of printed or
electronic advertising.
A member of the public who sells or pawns used goods such
as precious metal, jewelry, or other secondhand goods to a dealer.
A dealer, as defined herein, who has not been in a registered
retail business continuously for at least six months at any address
in the municipality where the dealer is required to register or who
intends to close out or discontinue all retail business within six
months.
[Ord. No. 2015-20 § 2]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the Borough of Bound Brook, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods are being bought in any location within the Borough shall constitute engaging in business as a dealer of Secondhand Goods for purposes of this Section 4-25. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertisement the license number issued to a person or entity by the Borough. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this Section 4-25 and shall be subject to the penalties established in Subsection 4-25.8.
[Ord. No. 2015-20 § 3]
a.
Upon receipt of an application completed pursuant to this Section 4-25, the Municipal Clerk shall refer such application to the Chief of Police, who shall make an investigation of the prospective licensee, pursuant to this Section 4-25 for the purpose of determining the suitability of the applicant for licensing. The investigation shall include, but shall not be limited to the following:
1.
The experience of the applicant in the business of purchase and sale
of those articles or goods referred to in Subsection 4-25.1a above,
although nothing in this section shall be construed to warrant denial
of a license solely on the basis of lack of experience;
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3.
Any criminal record of the applicant, including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not at a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by Subsection 4-25.4 of this Section 4-25 will be stored, as well as the location where purchased goods will be retained during the mandatory inspection period required under Subsection 4-25.4.
b.
The Chief of Police shall complete any investigation pursuant to this Section 4-25 within 30 days of the submission of the application to the Municipal Clerk, fully completed by the applicant. If a criminal record check has been requested within the thirty-day period and has not been received by the Chief of Police within that period, the Chief of Police may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Municipal Clerk,
who shall grant or deny the license. Any recommendation of the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial, and the Clerk shall
forward to the applicant a statement of the reason or reasons for
such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element: or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator: or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection 4-25.4, the retention and inspection requirements of Subsection 4-25.4, or any other portion of this Section 4-25. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by Subsection 4-25.6 of this Section 4-25.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a dealer of secondhand goods.
f.
No license shall be assignable by the dealer.
[Ord. No. 2015-20 § 4]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined in Subsection 4-25.1A.
b.
Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am of the full age of 18 years, and the identification presented is
valid and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification,
as defined in Subsection 4-25.1a., in a format acceptable by the Chief
of Police;
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph;
6.
The receipt number;
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s); if precious
metals, the net weight in terms of pounds Troy, pennyweight (Troy)
or kilograms/grams; fineness in terms of karats for gold, and sterling
or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and
N.J.S.A. 51:6-1 et seq.;
9.
The time and date of the transaction.
d.
The information outlined in paragraph c above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this Section 4-25, and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in paragraph f., below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in paragraph c above.
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used the dealer is responsible to enter all transaction information set forth in paragraph c., above, into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this Section 4-25, and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection 4-25.5.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in Subsection 4-25.5. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
[Ord. No. 2015-20 § 5]
a.
All secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection 4-25.4 except for precious metals and jewelry, which must be maintained for at least 10 business days or for the statutory period provided in N.J.S.A. 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by Subsection 4-25.4 upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of competent jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in Subsection 4-25.4c.
d.
No dealer shall purchase any item covered by this Section 4-25 from any person under the age of 18 or in the absence of providing prior notification of such purchase to the Chief of Police or business designee identifying the individual from whom such purchase is to be made and the item to be purchased.
e.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 4-25.8 of this Section 4-25.
1.
Grounds for suspension. The following shall constitute grounds for suspension: violation of any provisions of this Section 4-25, including failure to comply with any training or fees associated with the electronic database software system in use by the Borough; violation of any other statute, regulation, or local ordinance; or any other illegal, improper, or fraudulent activity.
2.
Procedure for suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to paragraph h of this Subsection 4-25.5. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the Borough until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in paragraph h of this Subsection 4-25.5.
f.
Revocation. A license issued under this Section 4-25 may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this Section 4-25. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection 4-25.8.
1.
Grounds for revocation. The following shall constitute grounds for revocation: a third violation under this Section 4-25, a second violation under this Section 4-25 less than one year after an earlier violation under this Section 4-25; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any other regulations or local ordinances within this or any jurisdiction.
2.
Procedure for revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police or the
Chief's designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect pending the outcome of the charge. A
three-person panel, appointed by the Chief of Police, shall review
the stated grounds for revocation and the panel shall issue an appropriate
disposition of either suspension, revocation, or reinstatement. If
the panel determines that revocation is the appropriate disposition,
it shall set forth the grounds for the same in writing in the form
of a notice of revocation, which shall be provided to the dealer.
The notice shall advise the dealer of the right to appeal. If the
panel determines that suspension is the appropriate disposition, it
shall provide the dealer with a notice of suspension that shall advise
the dealer of the right to appeal. Following revocation, the dealer
must relinquish his or her license and must immediately and indefinitely
cease operating as a dealer of precious metals or other secondhand
goods within the Borough.
g.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
h.
A dealer shall have the right to change the location of the licensed
business within the Borough, provided that he or she notifies the
Municipal Clerk, in writing, of the street address of the new location.
[Ord. No. 2015-20 § 6]
Each dealer covered under this Section 4-25 shall deliver a bond to the Municipal Clerk executed by the applicant as principal and executed by a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond shall be subject to review and approval by the Municipal Attorney, as defined in N.J.S.A. 40A:9-139, and shall be in the penal sum of $10,000, 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 dealer licensed under this Section 4-25, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the Borough of Bound Brook, 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 Section 4-25 of the Borough Code of the Borough of Bound Brook." Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license.
[Ord. No. 2015-20 § 7]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this Section 4-25, is $300. The annual renewal fee for a license is $300. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection 4-25.4d of this Section 4-25. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 2015-20 § 8]
Violation of any provision of this Section 4-25 by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in paragraphs f and g of Subsection 4-25.5, above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this Section 4-25 within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and in addition, may be subject to revocation proceedings as provided in paragraph g of Subsection 4-25.5. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this chapter.
[Ord. No. 2015-20 § 9]
a.
Any person, partnership, limited liability company, corporation, or other entity engaging in the business of a pawnbroker, or a dealer in precious metals or other secondhand goods shall conform to the provisions of this Section 4-25 within 90 days following the effective date of this Section 4-25.[1]
b.
Nothing contained in this Section 4-25 is intended to replace any pre-existing statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1 et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq., the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or any other statutory provision regarding any subject matter discussed herein.
