[HISTORY: Adopted by the Township Committee of the Township
of Riverside 6-24-1981 by Ord. No. 1981-9 (Ch. 207 of the 1995
Code). Amendments noted where applicable.]
The Township Committee 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 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
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 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 is 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, silver, precious
or semiprecious gems 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.
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
Clerk, which license shall bear a number issued by the Township 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.
[Amended 5-21-2012 by Ord. No. 2012-03]
Refer to Chapter 202, Fees.
Each license shall expire on December 31 of the year in which
it is issued.
An application for license shall be in writing on forms established
by the Township Clerk 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.
[Amended 3-28-1994 by Ord. No. 1994-4]
Upon receipt of an application completed pursuant to this chapter,
the Clerk shall refer the application to the Director of Public Safety,
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 Director of Public Safety
shall return the application or a copy thereof to the Clerk, accompanied
by his recommendation as to whether the license should be issued or
denied. If the recommendation of the Director of Public Safety 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 Director of Public Safety, the Clerk shall issue or deny the license
accordingly. Any person aggrieved by such denial may appeal to the
Township Administrator, who 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 Administrator 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 Administrator. 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 Administrator 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.
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 or precious or semiprecious gems containing the following:
[Amended 5-21-2012 by Ord. No. 2012-03]
(1)
The name and address of the buyer.
(2)
The date and a color photograph of the transaction.
(3)
The names of the gold, silver or precious or semiprecious gems purchased,
which must be noted on the photograph of the transaction.
(4)
The finenesses of the gold, silver or precious or semiprecious gems
purchased, which must be noted on the photograph of the transaction.
(5)
The weights of the gold, silver or precious or semiprecious gems
purchased, which must be noted on the photograph of the transaction.
(6)
The prices paid for the gold, silver or precious or semiprecious
gems at the standard measures of weight and fineness.
(7)
The name, address, telephone number and signature of the seller.
(8)
The copy of the driver's license or government-issued identification
of the seller. If no identification is available, a color photograph
of the seller is required.
B.
The buyer shall make the record of transactions available for inspection
by any police officer.
[Amended 5-21-2012 by Ord. No. 2012-03]
All payments for regulated activities shall be made by cash or check. All canceled checks shall be retained with the record of transactions in accordance with § 325-11.
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.
[Amended 5-21-2012 by Ord. No. 2012-03]
No dealer shall sell any article until the same has been in
the possession of the dealer at the licensed location for at least
10 days. This provision shall apply only to used items containing
gold, silver or precious or semiprecious gems and shall not apply
to items purchased from a recognized jewelry supplier with whom the
buyer deals on a regular basis.
