[HISTORY: Adopted by the Township Council of the Township
of Pequannock 11-25-2008 by Ord.
No. 2008-31 (Ch. 175 of the 1997 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, partnership, corporation or other entity, whether
permanent or itinerant, which on one or more occasions (through any
means) buys or 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 Township
of Pequannock or at varying locations.
Any person under the age of 18 years.
Any business conducted on a year-round basis and housed in
a single structure, such as a store or residence.
[Amended 5-26-2009 by Ord. No. 2009-9; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Each dealer conducting business within the jurisdiction of the
Township of Pequannock shall first register with 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, 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.
A.Â
Upon issuance of a license, the license fee to be paid shall be as provided in Chapter 152, Fees, payable to the Township of Pequannock at the Police Department.
B.Â
A license issued under the provisions
of this chapter shall not be transferable and shall terminate on December
31 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 a
photocopy of the driver's license number and state of issuance for
the person from whom the items were purchased, received or sold as
well as photocopy of the jewelry. This information is to be documented
on the secondhand jewelry transaction receipt form supplied by the
Pequannock Police Department. These records shall be subject to the
inspection of any authorized police officer of the Township of Pequannock.
The records required to be maintained shall be kept confidential by
the dealer and shall be released only to appropriate law enforcement
personnel.
[Amended 5-26-2009 by Ord. No. 2009-9; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Each dealer doing business in the Township of Pequannock shall
deliver on a weekly basis to the Chief of Police the description of
all items purchased.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No dealer shall sell, melt or change the form of or dispose
of any articles purchased or received within 10 business days following
the delivery of the record of the purchase to the Police Department,
and all such items shall be made available for at least 10 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.
Licenses issued under the provisions of this chapter may be
revoked 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 purchasing
secondhand precious metals, gems and jewelry 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 or general welfare of the public.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Violations of this chapter shall be subject to penalties provided for in Chapter 74, Violations and Penalties.
