[Added 3-23-81 by Ord. No. 7-1981]
A. No person shall engage in the business of purchasing precious metals
or items comprised of same, gems and all forms of previously owned
jewelry, either as a primary business or in connection with another
business, without first having obtained a license from the Licensing
Officer of the Borough of Avon-by-the-Sea.
B. An applicant for a license shall complete the application form available
at the office of the Licensing Officer, who shall thereupon refer
such application to the Chief of Police who shall conduct 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 event shall take more
than ten (10) days, the Chief of Police shall return the application
or a copy thereof to the Licensing Officer, accompanied by his recommendations
as to whether or not the license should be issued or denied. If the
recommendation of the Chief of Police is to deny the license, the
grounds for such 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 any crime involving dishonesty, fraud, deceit or
misrepresentation. Upon receipt of the recommendation of the Chief
of Police, the Licensing Officer shall issue or deny the license accordingly.
Any person aggrieved by such denial may appeal to the Board of Commissioners,
which shall hold a public hearing in connection therewith within fourteen
(14) days from said appeal and which may thereafter affirm or reverse
the denial.
C. All persons regulated by Subsection
A hereof shall require of anyone offering an item for sale as set forth therein, to produce identification such as a driver's license, voter registration card or similar identification and to sign a receipt for said item and shall obtain the following information from each person offering an item for sale: name, address, sex, date of birth, social security number, if available, and physical description. A prototype form for this purpose shall be available, if desired, from the Police Department of the Borough of Avon-by-the-Sea.
D. All persons regulated by Subsection
A hereof shall maintain records for each sale, which shall contain a description of the items purchased, any identifying numbers, a copy of the signed receipt and all information required under Subsection
C hereof. These records shall be available for inspection by the Police Department of the Borough of Avon-by-the-Sea.
E. The fee for the initial license application shall be the sum of two hundred dollars ($200), which shall cover the cost of processing the application. Each annual renewal fee shall be the sum of twenty-five dollars ($25). If, on the effective date of this section, a person has been in business as set forth in Subsection
A of this section for a period of not less than five (5) years, the fee for initial application shall be the sum of twenty-five dollars ($25), and investigation pursuant to Subsection
B of this section may be waived.
F. For a violation of any provision of this section, the maximum penalty shall be a fine of five hundred dollars ($500), imprisonment for ninety (90) days, or both. Every day that a violation under Subsection
A of this section shall continue and each violation of Subsections
C and
D hereof shall be deemed a separate violation.
Every licensee under this chapter shall permit reasonable inspection
of his business, comply with all laws and regulations applicable to
the business and avoid all unlawful or unnecessary practices or conditions
which may affect the public health or welfare. The license issued
may be revoked by the Board of Commissioners, after notice and hearing,
for fraud or misrepresentation in the application, fraud or misrepresentation
in the conduct of the business, violation of this chapter, conviction
of the licensee of any felony or misdemeanor subsequent to the issuance
of the license or conduct of the licensed business in any unlawful
manner or in such manner as to constitute a breach of the peace or
a menace to the health, safety or general welfare of the public.
[Amended 3-13-89 by Ord. No. 4-1989]
A. The license fees to be paid for conducting the business herein licensed
shall be as follows:
[Amended 5-24-82 by Ord. No. 8-1982]
(1) Retail businesses, in which products or services are sold to or performed
for a customer directly, annually: twenty-five dollars ($25).
(2) Wholesale businesses, in which products or services are sold or performed
for resale, annually: fifty dollars ($50).
(3) Manufacturing businesses, annually: one hundred dollars ($100).
(4) There will be a late charge of five dollars ($5) applied to the cost
of any of the above licenses if not renewed by April 1 of the year
in which said license is being renewed.
[Added 2-11-91 by Ord. No. 3-1991; amended 3-27-95 by Ord. No. 7-1995]
B. [Repealed 4-11-88 by Ord. No. 5-1988]
The receipt of a license under this chapter shall not be deemed
permission to operate a business in the Borough where it is excluded,
either specifically or by interpretation, by the Borough Zoning Laws or any other ordinance of the Borough.
[Amended 8-27-79 by Ord. No. 7-1979]
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than five hundred dollars ($500) or by imprisonment for not more than
ninety (90) days, or both, and each day that a violation is permitted
to exist shall constitute a separate offense.