[HISTORY: Adopted by the Township Council of the Township of Burlington 6-16-1981; amended 2-9-1993 (Sec. 12:10 of the 1975 General Ordinances). Subsequent amendments noted where applicable.]
Peddling and soliciting — See Ch. 407.
The Township Council hereby finds that there is a need to regulate and control the buying and selling of gold, silver and precious or semiprecious materials 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 materials.
The following definitions shall apply to terms used within this chapter, unless the context requires otherwise:
- Any person, partnership or corporation who, through any means, buys gold, silver, precious or semiprecious metals or materials.
- Any person, partnership or corporation who, through any means, buys or sells gold, silver, precious or semiprecious metals or materials, and includes anyone advertising the purchase or sale of any of the aforementioned items.
- Any article or product with a gold content, without regard to the fineness thereof.
- Any person under the age of 18 years.
- A. Precious or semiprecious gems, including but not limited to diamonds, rubies, pearls, sapphire and other gems commonly called "jewelry."
- B. Mineral or element occurring in nature or artificially made, whether standing alone or in combination with other minerals or elements that approximates the value of a precious or semiprecious gem, including but not limited to platinum and uranium.
- Includes any exchange of gold, silver or any precious or semiprecious materials for anything of value. A payment need not be made by way of money in order to constitute purchase for the purposes of this chapter.
- REGULATED ACTIVITY
- The purchase of any used item containing gold or silver for subsequent resale purposes and not for personal use.
- Any person, partnership or corporation who, through any means, sells gold, silver, precious or semiprecious metals or materials.
- Any article or product with a silver content, without regard to the fineness thereof.
- USED ITEM CONTAINING GOLD OR SILVER
- Any item containing gold or silver previously sold or transferred to a consumer for the personal use or enjoyment of such consumer.
No person shall engage in a regulated activity, as defined above, without having first obtained a license therefor from the Township Director of Public Safety, which license shall bear a number issued by the Township Director of Public Safety 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.
At the time of filing the application for a license, a license fee of $100 shall be paid for the initial license for the premises where the activity is to be conducted, together with a fee of $25 for each employee who is to be licensed. Thereafter, the annual renewal fee for the license and for each employee who is to be licensed shall be $5.
Each license shall expire on December 31 of the year in which it is issued.
An application for a license shall be in writing on forms established by the Township Director of Public Safety and shall state the full name and place of residence of the applicant, or, if the applicant is 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 Director of Public Safety 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 45 days, the Director of Public Safety shall issue or deny a license. If the Director of Public Safety denies the license, the grounds for the denial shall be stated. Grounds for 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 of any crime involving dishonesty, fraud, deceit or misrepresentation.
In those instances where the application appears to be consistent with the intent of this chapter to protect the citizens of the Township, the Director of Public Safety may issue a temporary license for a period of up to 15 days. Such temporary licenses may be continued for an additional period of 30 days upon the mutual consent of the applicant and the Director of Public Safety.
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 Director of Public Safety may suspend a license upon written notice to the license holder. Upon receipt of the notice of suspension, the license holder may, within 10 days, request a hearing on the suspension before the Director of Public Safety. The hearing shall be held within 30 days of the request, and at which hearing the license holder shall have the opportunity to be heard. At the conclusion of the hearing, the Director of Public Safety 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.
Every licensee shall issue to the seller and keep for his own records, for not less that one year, a serialized receipt for each purchase of precious metals, containing the following:
The name and address of the buyer;
Date of transaction;
The names and a description of the precious metals purchased;
The fineness of the precious metals purchased;
The weights of the precious metals purchased;
The prices paid for the precious metals at the standard measures of weight and fineness;
The name, address and signature of the seller;
The driver's license number of the license;
At least one additional bona fide proof of identity of the seller; and
All transfers to the seller shall be by check, a copy of which is to be retained by the buyer.
The buyer shall make the record of transactions available for inspection by any police officer.
A licensee shall not accept or buy any gold, silver or precious or semiprecious materials 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 said dealer at least 10 days.
Any person, as defined above, who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. A separate offense shall be deemed committed in each day during or on which a violation occurs or continues.