[HISTORY: Adopted by the Merchantville Borough Council 3-12-2012 by Ord. No. 12-01. Amendments noted where applicable.]
Any person, partnership, corporation or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys and sells secondhand gold, silver, precious metals, gems
or jewelry, and includes anyone advertising the purchase or sale of
any of the aforementioned items.
Any business conducted intermittently within the Borough
of Merchantville or at varying locations.
Any person under the age of eighteen (18) years.
Any business conducted on a year round basis and housed in
a single structure, such as a store or residence.
A.Â
Each dealer conducting business within the jurisdiction of the Borough
of Merchantville shall first register with the Chief of the Merchantville
Police Department, or the officer so designated by the Chief of Police,
who shall fingerprint the applicant and institute such an investigation
of the applicant's moral character and business responsibility,
as he deems necessary for the protection of the public welfare. In
the event that the dealer is a business entity other than a sole proprietorship,
the officers in a corporation or the partners in a partnership (or
limited partnership) shall be deemed to be the applicant(s) who shall
be fingerprinted and investigated in accordance with this section.
Upon completion of the investigation, Chief of the Merchantville Police
Department, or the officer so designated by the Chief of Police, shall
either issue or deny the license based upon the results of his investigation.
Upon the issuance of the license, the applicant shall be given a copy
of this chapter.
B.Â
Any applicant denied a license under this section by Chief of the
Merchantville Police Department, or the officer so designated by the
Chief of Police, based upon the results of an investigation, may appeal
such denial to the Borough Council of the Borough of Merchantville
within fifteen (15) days of the date of the denial. This appeal shall
be perfected by service of a Notice of Appeal on the Borough Clerk
of the Borough of Merchantville either personally or by certified
mail.
C.Â
The Borough Council shall conduct a hearing on this appeal within
thirty (30) days of its receipt of the appeal, and shall render a
decision, in writing, on the appeal within twenty (20) days of the
close of the hearing.
The fee for a license under this chapter shall be two hundred
dollars ($200.), per calendar year. A license issued under the provisions
of this chapter shall not be transferable and shall terminate on December
31st of the year in which said license is issued.
Each dealer shall maintain a complete record of each purchase
and sale, including the amount paid, description of the item and any
identifying numbers or engravings. The dealer shall also obtain the
name, address, and date of birth, driver's license number and
state of issuance for the person from whom the items were purchased,
received or sold. The name of the clerk making the transaction shall
be "legibly set forth." The dealer shall issue to the seller and keep
for his own records, for not less than five (5) years, the weights
of the precious metals purchase and the fineness of the precious metal.
The records required to be maintained shall be kept confidential by
the dealer and shall be released only to appropriate law enforcement
personnel. This information is to be documented on the "Secondhand
Jewelry Transaction Receipt" form to be supplied to the Merchantville
Borough Police Department within forty-eight (48) hours of the transaction.
These records shall be subject to the inspection of any law enforcement
officer requesting same in the normal course of his duties. The records
required to be maintained shall be kept confidential by the dealer
and shall be released only to appropriate law enforcement personnel.
The precious metal shall be retained in the form in which they were
purchased for a period of ten (10) business days.
Editor's Note: Statutory requirements, see N.J.S.A. 2C:21-36
and N.J.S.A. 51:6A-1 et seq.
Each dealer doing business in the Borough of Merchantville shall
deliver to the Chief of the Merchantville Police Department, or the
officer so designated by the Chief of Police, the description of all
items purchased, received or sold including a photographed recording
of the item(s) being purchased by the dealer within forty-eight (48)
hours of the completion of the transaction of the "Secondhand Jewelry
Transaction Receipt" forms prescribed by the Public Safety Director,
or officer in charge. The photograph shall be of digital form and
quality with the ability to be electronically transferred to a computer.
No dealer shall sell, melt or change the form of or dispose
of any articles purchased or received within ten (10) days of the
date of said purchase, and all such items shall be made available
for at least ten (10) business days to any authorized police officer
requesting such items.
Each dealer must require identification of the person with whom
he is transacting business, and no transaction may be made with any
minor, as herein defined, nor with any individual who is in an intoxicated
state and/or is under the influence of intoxicating liquor, narcotics
or hallucinogenic or habit-producing drugs.
Each licensee shall deliver a bond to the Borough Clerk executed by the applicant as principal with a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond, to be approved by the Borough Attorney, shall be in the penal sum of $10,000.00, 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 licensee licensed under this chapter by reason of any damage sustained by any such person as a result of the operations of the licensee under this chapter, 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 Merchantville, 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 Chapter 37 of the Code of the Borough of Merchantville. 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. As per State Law every itinerant business must also show proof of bond, issued license in jurisdiction of origin and weights and measures inspection.
Licenses issued under the provisions of this chapter may be
revoked by the Chief of the Merchantville Police Department, or the
officer so designated by the Chief of Police, after a hearing, upon
notice to the applicant for any of the following causes:
A.Â
Fraud, misrepresentation or false statement contained in the application
for license.
B.Â
Fraud, misrepresentation or false statement made in the course of
carrying on the business of purchasing secondhand precious metals,
gems and jewelry.
C.Â
Any violation of this chapter.
D.Â
Conviction of any crime or disorderly persons offense involving moral
turpitude.
E.Â
Conducting the business of soliciting or canvassing in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety and general welfare
of the public.
Any person who violates any provision of this chapter shall,
upon conviction, be subject to one or more of the following: a fine
not exceeding one thousand dollars ($1,000.); and/or imprisonment
for a term not exceeding ninety (90) days; and/or a period of community
service not exceeding ninety (90) days. If the violation is of a continuing
nature, each day during which it continues shall constitute a separate
and distinct offense.
