[HISTORY: Adopted by the City Council of the City of Trenton 9-7-1967
as § 5-5.9 of the Revised General Ordinances. Amendments noted where
applicable.]
No individual, person, partnership or corporation shall engage in the
business of the purchase of precious metals and gems, and all forms of previously
owned jewelry, without first obtaining a license from the City Clerk.
A.
Upon receipt of an application completed pursuant to
this article, the Clerk shall refer such application to the Police Director,
who shall institute such investigation of the applicant's moral character
and business responsibility as (s)he deems necessary for the protection of
the public welfare.
B.
Upon completion of the investigation, which shall take
no more than 30 days to complete, the Police Director shall return the application,
or a copy thereof, to the Clerk, accompanied by his/her recommendations as
to whether the license should be issued or denied. If the recommendation of
the Police Director is to deny the license, the grounds for such recommendation
shall be stated. Grounds for recommending denial of a license may include
information regarding the applicant's moral character, demonstrated business
responsibility, or conviction of a crime involving dishonesty, fraud, deceit
or misrepresentation. If a denial is based upon the conviction of a crime,
an additional determination shall be made by the Police Director, as provided
for in N.J.S.A. 2A:168A-1 et seq. (the Rehabilitated Offenders Act). Upon
receipt of the recommendation of the Police Director, the City Clerk shall
issue or deny the license accordingly. The decision of the Police Director
as to the acceptance or denial of the application shall be a final administrative
determination and appealable to the Superior Court of New Jersey.
[Amended 7-7-2005 by Ord. No. 05-69]
Except as otherwise provided under § 197-10, all licensees shall be mandated to obtain from each person offering items for sale a clear photo identification of that person along with the individual's current address, personal information and signature. All licensees under this section shall be required to maintain a photocopy machine at their place of business and use such equipment to acquire a clear and viewable photocopy from the identification. This information will be submitted along with the Transaction Record Sheet supplied to the licensee by the Trenton Police Department.
[Amended 7-7-2005 by Ord. No. 05-69]
Each licensee shall maintain records for each sale, which shall include: ALL of the information specified on the Transaction Record Sheets supplied to the licensees by the Trenton Police Department. The licensee shall record in the property description area of the form any and all lettering or engravings on each of the items being purchased or traded. These Transaction Record Sheets shall be kept with the corresponding articles of purchased or traded jewelry until a representative of the Trenton Police Department photographs the property and takes possession of the Transaction Record Sheets. All purchased or traded property shall be kept separate, by transaction, in its own bag or container with identifying marks for future retrieval for a period of not less than 30 days, except as otherwise provided under § 197-10, after the date of the transaction.
Each licensee shall deliver a bond to the Clerk executed by the applicant
as principal, with a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond, to be approved by the City
Attorney, shall be in the penal sum of $10,000, conditioned for the due and
proper observance of and compliance with the provisions and requirements of
all ordinances of the City of Trenton in force or which may be adopted, respecting
the conduct of the business, and conditioned also that the bond shall be and
remain for the benefit of any person or persons who shall have received judgment
against any person listed under this chapter, by reason of any damage sustained
by any such person as a result of the operations of the licensee under this
chapter.
The fee for an initial application shall be $200 nonrefundable. Each annual renewal fee shall be $25. If on the effective date of this chapter a person, partnership or corporation has been in business in the City, pursuant to § 213-1, for a period of not less than five years, the fee for an initial application shall be $25, and investigation pursuant to § 213-2 may be waived by the Clerk.
No licensee shall engage in the sale or purchase of precious metals
or gems by means of a pushcart, trailer, valise, table or mobile unit. The
licensee shall advise the City Clerk of the fixed location of the business
at the time of license application.
