City of Paterson, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Paterson 4-6-1981 by Ord. No. 81-017 (Ch. 9, Art. 19, of the 1979 Revised General Ordinances of Paterson). Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 125.
Bazaars — See Ch. 129.
Garage sales and flea markets — See Ch. 249.
Peddling and soliciting — See Ch. 367.
Close-out sales — See Ch. 395.
As used in this chapter, the following terms shall have the meanings indicated:
DEALER
Any person, firm, partnership, corporation or other entity, whether permanent or itinerant, who 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.
ITINERANT BUSINESS
Any business conducted intermittently within the City or at varying locations.
MINOR
Any person under the age of 18 years.
PERMANENT BASED BUSINESS
Any business conducted on a year-round basis and housed in a single structure, such as a store or residence.
WORKING DAY
Includes Monday through Friday and excludes Saturday, Sunday and legal holidays.
[Amended 9-1-1981 by Ord. No. 81-053]
Each dealer conducting business within the jurisdiction of the City shall obtain a license and shall first register with the Chief of Police, who shall fingerprint and institute an 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 10 days, the Chief of Police shall return the application or a copy thereof to the Licensing Division, accompanied by his recommendations as to whether 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 has been convicted of any crime involving moral turpitude, dishonesty, fraud, deceit or misrepresentation. Upon receipt of the recommendation of the Chief of Police, the Licensing Division shall issue or deny the license accordingly. Appeals from the decision of the Chief of Police shall be made in accordance with § 399-3.
An appeal from the decision of the Chief of Police to deny an application for a license shall be made, in writing, to the Municipal Council within seven days of the receipt of a decision. The appeal shall state the specific grounds for the appeal. The Municipal Council shall hold a hearing within a reasonable time from the receipt of the appeal. At the hearing, the applicant or permit holder may be represented by counsel, may cross-examine witnesses and may present evidence in his favor. The Municipal Council may affirm or reverse the decision of the Chief of Police. The decision of the Municipal Council shall be final.
A. 
Upon issuance of the license, the fee shall be based as follows:
[Amended 12-2-2003 by Ord. No. 03-082; 11-9-2010 by Ord. No. 10-060]
(1) 
Permanent based business: $110 per year.
(2) 
Itinerant business: $110 per day of business.
B. 
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, any identifying numbers, name, residence, age and description of the person from whom the items were purchased, received or sold, and each dealer shall require said person to sign a receipt for each item. These records shall be subject to the inspection of any authorized police officer of the City.
Each dealer doing business in the City shall deliver to the Chief of Police the description of all items purchased, received or sold within 48 hours of the completion of the transaction on forms prescribed by the Chief of Police.
No dealer shall sell, melt or change the form of or dispose of any articles purchased or received within 10 days of the date of the purchase, and all such items shall remain on the premises where the purchase was made and be made available to the Chief of Police, upon request, for at least 10 days.
Each dealer must require identification of the person with whom it is transacting business, and no transaction may be made with any minor, as herein defined, and also with any individual who is in an intoxicated state and/or is under the influence of intoxicating liquor, narcotics, hallucinogenic or habit-producing drugs.
A. 
Licenses issued under the provisions of this chapter may be revoked by the Municipal Council after hearing on notice for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the business of purchasing secondhand precious metals, gems and jewelry.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or disorderly persons offense involving moral turpitude, dishonesty, fraud, deceit or misrepresentation.
(5) 
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 or general welfare of the public.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing.
The provisions of this chapter shall not apply to the following:
A. 
Garage sales as defined by Chapter 249, Garage Sales and Flea Markets.
B. 
Auction sales pursuant to Chapter 125, Auctions and Auctioneers.
C. 
Close-out sales pursuant to Chapter 395, Sales, Close-Out.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof, within the discretion of the Municipal Judge. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.