[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown by Ord. No. 1994-13 (Sec. 4-4 of the Revised General Ordinances). Amendments noted where applicable.]
The Borough Council hereby finds that there is a need to regulate and control the buying and selling of gold, silver and precious or semiprecious gems in order to prevent the easy disposal of items which have been unlawfully obtained as a result of crime, while protecting and recognizing the legitimate businesses which are engaged in buying and selling of gold, silver and precious or semiprecious gems.
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 gems.
- Any person, partnership or corporation who, through any means, buys or sells gold, silver, precious or semiprecious metals or gems, and includes 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 of age.
- PRECIOUS or SEMIPRECIOUS GEM
- Means but is not limited to those categories known as diamonds, rubies, pearls and sapphires and is commonly called a "jewel."
- For the purposes of this chapter shall include any exchange of gold, silver, 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.
- REGULATED ACTIVITY
- The purchase of any used item containing gold or silver or any precious or semiprecious gem, 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 gems.
- 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 thereof from the Borough Clerk, which license shall bear a number issued by the Borough Clerk, 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 $50 shall be paid for the initial license for the premises where the activity is to be conducted, together with a fee of $15 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 $20.
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 Borough Clerk and shall state the full name and place of residence of the applicant; if the applicant is a partnership state the full name and place of residence of each partner thereof, if a corporation or association state the full name and place of residence of each officer and stockholder thereof, together with a 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 and background check 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 application the Clerk shall refer the application to the Borough Council for approval. Any person aggrieved by such denial may appeal in writing to the Borough Council, who may 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 Borough Council may suspend a license upon written notice to the license holder. Upon receipt of the notice suspension, the license holder may, within 10 days, request a hearing on the suspension before the Borough Council. 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 Borough Council 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 borough 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 than one year, a serialized receipt for each purchase of gold, silver, precious or semiprecious gems, containing the following:
The name and address of the buyer.
The date of the transaction.
The names of the precious metals or gems purchased.
The fineness of the precious metals or gems purchased.
The weights of the precious metals or gems purchased.
The prices paid for the precious metals or gems at the standard measures of weight and fineness.
The name, address and signature of the seller.
The driver's license number of the seller.
The buyer shall also cause a photograph to be taken of the seller and of the merchandise being purchased. The photograph of the seller shall be such that facial features are clearly distinguishable and clear. The photograph of the merchandise shall be such that it can be readily identified and all markings are distinguishable. The buyer shall retain the photographs with his records and attach them to the serialized receipts, all of which shall be available for inspection by any police officer upon request during normal business hours, or otherwise, in the event of an emergency.
A licensee shall not accept or buy any gold, silver, precious or semiprecious gems 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 have been in the possession of the dealer at the licensed locations for at least seven days. This provision shall apply only to used items containing gold, silver, precious or semiprecious gems and shall not apply to any items purchased from a recognized jewelry supplier with whom the buyer deals on a regular basis.
Any person defined above who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 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.