[HISTORY: Adopted by the Township Committee of the Township of Westampton
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 152.
[Adopted 6-25-1981 by Ord.
No. 12-1981]
The following definitions shall apply to terms used within this chapter,
unless the context requires otherwise:
Any person, partnership or corporation who or which, through any
means, buys gold, silver, precious or semiprecious metals or gems.
Any person, partnership or corporation who or which, through any
means, buys or sells gold, silver, precious or semiprecious metals or gems
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.
Includes but is not limited to those categories known as "diamonds,"
"rubies," "pearls" and "sapphires" and commonly called a "jewel."
Includes any exchange of gold, silver or any precious or semiprecious
gem 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.
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 or which, through any
means, sells gold, silver, precious or semiprecious metals or gems.
Any article or product with a silver content, without regard to fineness
thereof.
Any item containing gold or silver previously sold or transferred
to a consumer for the personal use or enjoyment of such consumer.
[Amended 9-21-1992 by Ord.
No. 10-1992]
No person shall engage in a regulated activity as defined above without
having first obtained a license therefor from the Township Clerk/Administrator,
which license shall bear a number issued by the Township Clerk/Administrator
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 for the license and for each employee
who is to be licensed shall be $25.
Each license shall expire on December 31 of the year in which it is
issued.
[Amended 9-21-1992 by Ord.
No. 10-1992]
An application for license shall be in writing on forms established
by the Township Clerk/Administrator and shall state the full name and place
of residence of the applicant or, if the applicant be 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.
[Amended 9-21-1992 by Ord.
No. 10-1992]
Upon receipt of an application completed pursuant to this chapter, the
Clerk/Administrator shall refer the application to the Chief of Police, who
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 30 days, the Chief of Police shall return the application or a copy
thereof to the Clerk/Administrator, accompanied by his recommendation 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 the 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 a crime of the first
or second degree or of any crime involving dishonesty, fraud, deceit or misrepresentation.
Upon receipt of the recommendation of the Chief of Police, the Clerk/Administrator
shall issue or deny the license accordingly. Any person aggrieved by such
denial may appeal to the Township Committee which may confirm or reverse the
denial as deemed advisable.
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 Township
Committee 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 Township Committee. The
hearing shall be held within 30 days of the request, at which hearing the
license holder shall have the opportunity to be heard. At the conclusion of
the hearing, the Township Committee 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.
A.Â
Every licensee shall issue to the seller and keep for
his own records for not less than one year a serialed receipt for each purchase
of precious metals, containing the following:
(1)Â
The name and address of the buyer.
(2)Â
Date of the transaction.
(3)Â
The names of the precious metals purchased.
(4)Â
The fineness of the precious metals purchased.
(5)Â
The weight of the precious metals purchased.
(6)Â
The prices paid for the precious metals at the standard
measures of weight and fineness.
(7)Â
The name, address and signature of the seller.
(8)Â
The driver's license number or social security number
of the seller.
B.Â
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
gem 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 their
possession at least 15 days.
Any person as defined above who violates any provisions of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding $500 or
by imprisonment for a term not exceeding 90 days, or both, within the discretion
of the Municipal Judge. A separate offense shall be deemed committed in each
day during or on which a violation occurs or continues.
