[Adopted by the Mayor and Council of the Borough of Neptune City 4-12-2010 by Ord. No. 2010-5. Amendments noted where applicable.]
[Amended 5-28-2013 by Ord. No. 2013-3]
A. 
No person shall engage in the business of purchasing or engage in the trade or business of buying and/or selling used goods such as precious stones, gold, silver, platinum or other precious metals, jewelry, gems, coins, tools, antiques, television sets, radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive equipment, collectibles, cameras and camera equipment, video equipment or any other miscellaneous items without first having obtained a license from the Borough Clerk of the Borough of Neptune City.
B. 
The business of buying or selling used goods as set forth in Subsection A shall not be deemed to include DVDs, CDs and video games.
An applicant for a license under this chapter shall complete the application form available at the office of the Borough Clerk who shall thereafter refer such application to the Neptune City Police Department, which shall conduct such investigation of the applicant's background as is necessary for the protection of the public welfare. The investigation shall include, but not be limited to, a criminal background check utilizing the applicant's fingerprints. The investigation shall be concluded within 30 days after receipt of the application from the applicant and the Neptune City Police Department shall return the application to the Borough Clerk with the recommendation of the Neptune City Police Department as to whether the license shall be approved or denied. If the recommendation of the Neptune City Police Department is to deny the license, then the grounds for such denial shall be stated. A recommendation of denial shall be given if the applicant has been convicted of any offense involving dishonesty, fraud, deceit or misrepresentation. Upon receipt of the recommendation of the Neptune City Police Department, the Borough Clerk shall issue or deny the license accordingly. Any applicant for a license under this chapter aggrieved by a denial may appeal to the Borough Council by appeal filed in writing 30 days after such denial. The Borough Council shall conduct the appeal hearing at a public meeting within 30 days after receipt of a written appeal and may thereafter affirm or reverse the denial.
All persons regulated by this chapter shall require any person offering an item for sale to produce two forms of identification, of which one form shall be a photo identification, such as a passport, driver's license, voter registration card or other similar form of identification (which shall be photocopied by the licensed holder) and to sign a receipt for the item for sale which shall contain the person's name, address, sex, date of birth, social security number if available, telephone number and physical description. A prototype form for this purpose shall be available from the Borough Clerk or from the Neptune City Police Department. It shall be unlawful for any item regulated in this chapter to be purchased from any person under the age of 18 years.
[Amended 5-28-2013 by Ord. No. 2013-3]
All persons regulated by this chapter shall maintain records for each sale which shall contain a description of the item purchased, a digital photograph, any identifying markings or numbers, and a copy of the signed receipt referred to in Section 100-3 of this chapter. A license holder pursuant to this chapter shall deliver copies of the records required in this chapter to the Neptune City Police Department on the first and fifteenth day of each month and upon demand of the Department. The items must be made available for viewing by the Neptune City Police Department upon request. All precious stones, gold, silver, platinum or other precious metals, jewelry, gems, firearms, and coins purchased by a license holder pursuant to this chapter shall not be sold, transferred or otherwise disposed of for a period of 30 days following the purchase of such item and such item shall remain at the license holder's place of business during such thirty-day period. All other miscellaneous items, including, but not limited to: tools, antiques, television sets, radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive equipment, collectibles, cameras and camera equipment, video equipment purchased by a license holder pursuant to this chapter shall not be sold, transferred or otherwise disposed of for a period of seven days following the purchase of such item and such item shall remain at the license holder's place of business during such seven-day period.
The application fee for the license shall be the sum of $250 which shall cover the cost of processing the application. After a license is issued, the annual renewal fee shall be the sum of $100.
Any person violating the provisions of this chapter shall be subject to the violation and penalty provisions of the Code of the Borough of Neptune City and each day that a violation occurs and continues under this chapter shall be deemed to be a separate violation.