The Township Committee finds that there is a need to regulate
and control the buying and selling of gold, silver and precious or
semiprecious gems in order to prevent the easy disposal of items which
have been unlawfully obtained as the result of crime, while protecting
and recognizing the legitimate businesses which are engaged in the
buying and selling of gold, silver and precious or semiprecious gems.
The following definitions shall apply to terms used within this
chapter, unless the context requires otherwise:
BUYER
Any person, partnership or corporation who, through any means,
buys gold, silver, precious or semiprecious metals or gems.
DEALER
Any person, partnership or corporation who, through any means,
buys or sells gold, silver, precious or semiprecious metals or gems,
and includes anyone advertising the purchase or sale of any of the
aforementioned items.
GOLD
Any article or product with a gold content, without regard
to the fineness thereof.
MINOR
Any person under the age of 18 years.
PRECIOUS OR SEMIPRECIOUS GEMS
Means but is not limited to those categories known as diamonds,
rubies, pearls, sapphires, and is commonly called a jewel.
PURCHASE
Includes any exchange of gold, silver, or any precious or
semiprecious gem for anything of value. A payment need not be made
by way of money in order to constitute purchase for the purpose of
this chapter.
REGULATED ACTIVITY
The purchase of any used item containing gold or silver,
for subsequent resale purpose and not for personal use.
SELLER
Any person, partnership or corporation who, through any means,
sells gold, silver, precious or semiprecious metals or gems.
SILVER
Any article or product with a silver content, without regard
to the fineness thereof.
No person shall engage in a regulated activity as defined above,
without having first obtained a license therefor from the Township
Clerk, which license shall bear a number issued by the Township Clerk,
and shall be prominently displayed within the licensed premises. The
requirement of a license shall apply to the business entity and to
any individual employee who engages in a regulated activity on behalf
of a business entity.
[Amended 2-7-2012 by Ord.
No. 2012-1]
At the time of filing the application for a license, a license fee as established in Chapter
240, Fees, shall be paid for the initial license for the premises where the activity is to be conducted, together with a fee for each employee who is to be licensed as established in Chapter
240, Fees. Thereafter, the annual renewal fee for the license and for each employee who is to be licensed shall be established in Chapter
240, Fees.
Each license shall expire on December 31 of the year in which
it is issued.
An application for license shall be in writing on forms established
by the Township Clerk and shall state the full name and place of residence
of the applicant, or, if the applicant be a partnership, of each member
thereof, or, if a corporation or association, of each officer and
stockholder thereof, together with the place or places where the business
is to be conducted. For any corporation whose stock is publicly traded,
the requirement for the information on each officer and stockholder
may be satisfied by attaching to the application a copy of the most
recent annual report of the corporation listing the officers and directors
of the corporation along with a certification as to the total number
of stockholders and the name and address of any stockholder holding
more than 10% of the outstanding stock. The application shall include
the fingerprints of each individual applicant or licensed employee,
each member of a partnership, or each stockholder holding more than
10% of the outstanding stock in a corporate applicant.
Upon receipt of an application completed pursuant to this chapter,
the Clerk shall refer the application to the Chief of Police, who
shall institute such investigation of the applicant's moral character
and business responsibility as he deems necessary for the protection
of the public welfare. Upon completion of the investigation, which
in no case shall take more than 30 days, the Chief of Police shall
return the application or a copy thereof to the Clerk, accompanied
by his recommendation as to whether the license should be issued or
denied. If the recommendation of the Chief of Police is to deny the
license, the grounds for the recommendation shall be stated. Grounds
for recommending denial of a license may include information indicating
that the applicant is not of good moral character or is of questionable
business responsibility, and a recommendation of denial shall be given
if the applicant has been convicted of a crime of the first or second
degree, or of any crime involving dishonesty, fraud, deceit or misrepresentation.
Upon receipt of the recommendation of the Chief of Police, the Clerk
shall issue or deny the license accordingly. Any person aggrieved
by such denial may appeal to the Township Administrator who may confirm
or reverse the denial as deemed advisable.
Any license may be revoked for any violation of this chapter,
in addition to any other penalty imposed for any violation. Upon any
violation the Township Administrator may suspend a license upon written
notice to the license holder. Upon receipt of the notice of suspension
of the license, the license holder may, within 10 days, request a
hearing on the suspension before the Township Administrator. The hearing
shall be held within 30 days of the request, at which hearing the
license holder shall have the opportunity to be heard. At the conclusion
of the hearing, the Township Administrator shall either revoke the
license or shall reinstate the license. In the event that the license
holder shall not request a hearing, the license shall be automatically
revoked upon the expiration of 10 days after the notice of suspension
has been given to the license holder.
No person licensed as a dealer in the Township shall, by virtue
of one license, keep more than one place of business for receiving
or taking goods.
No dealer shall, at any time, do business at any place other
than the place for which the license was granted.
A licensee shall not accept or buy any gold, silver or precious
or semiprecious gem from any person under the age of 18 years, unless
such minor is accompanied by a parent or guardian and said parent
or guardian gives specific written consent to the transaction and
acknowledges the receipt required by the buyer to be given to the
seller.
No dealers shall sell any articles until the same has been in
the possession of the dealer at least 15 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any person violating any of the provisions of this chapter or part thereof shall, upon conviction, be subject to the penalty in Chapter
1, Article
II, General Penalty, of the Code of the Township of Edgewater Park.