[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-27-1982
as Sec. 4-16 of the 1981 Revised General Ordinances. Amendments noted where
applicable.]
It is intended that the purchase and sale of such merchandise be controlled
to avoid traffic in stolen articles. It is not intended by this chapter to
regulate dentists in the disposition of gold or silver amalgams used in dentistry
or to regulate typical retail jewelry stores that do not buy or sell used,
secondhand or scrap silver or gold or other precious metals or jewelry.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person, partnership or corporation who or which, through any
means, buys or sells secondhand gold, silver, precious metals or jewelry,
and includes anyone advertising the purchase or sale of any of the aforementioned
items.
Any person under the age of 18 years.
A.
Any person, partnership, corporation or other entity
who or which, through any means, buys or sells used or secondhand gold, silver,
precious metals or jewelry, including those that advertise the purchase or
sale of such items within the Borough of Fair Lawn, must be licensed pursuant
to this chapter.
B.
Each dealer conducting such business within the Borough
of Fair Lawn shall apply to the Chief of Police of the borough for a license.
All business addresses maintained by the dealer shall be individually licensed.
Where the dealer maintains no permanent business address in the borough, but
purchases used or secondhand gold or silver or other precious metals or jewelry
within the borough on a regular basis, two or more such purchases being deemed
a regular basis, such dealer shall also be subject to the license provision
of this chapter.
A.
Such licenses shall be valid for a period of one year
from the date of issue and shall be displayed in plain view on the licensed
premises. Where the dealer has no principal office within the Borough of Fair
Lawn, the license shall be carried on his/her person and shall be displayed
upon the request of any person. The license shall not be deemed a peddler's
license, door-to-door soliciting being prohibited except as otherwise permitted
by law.
B.
The license shall cover the individual licensee and,
where appropriate, the specific premises listed as the place of business in
the license application. Where a licensee operates more than one premises
in the borough, each such premises must be licensed. Where a dealer does business
in the borough but operates no business address in the borough, each employee
engaged within the borough in the aforesaid business shall be licensed.
C.
All persons employed by the dealer at the licensed premises
are deemed to be licensed, provided that they are listed on the license application.
Changes in personnel must be noted on the license application within 20 days
of such change.
The Chief of Police shall cause a background investigation to be made
on each applicant for a license. He/she may require the applicant to supply
such information necessary to obtain such investigation and may require the
fingerprints of applicants. No person may obtain such a license if a review
of his or her background reveals a conviction for dealing in or possessing
or participating in the sale, distribution of or the receiving of any stolen
property, or offenses relating thereto.
Each dealer doing business in the borough shall deliver to the Chief
of Police the description of all items purchased, received or sold within
72 hours of the completion of the transaction, on forms prescribed by the
Chief of Police.
No dealer shall sell, melt, change the form of or dispose of any articles
purchased or received within five days from the date the notification is made
to the Chief of Police, and all such items shall remain on the premises where
the purchase was made for at least five 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 defined
herein.
Each dealer shall maintain a complete record of each purchase and sale,
including the amount paid, indicating the name, residence, occupation, age
and description of the person from whom the items were purchased, received
or sold. These records shall be subject to the inspection of any authorized
police officer of the borough.
The fee for such license shall be, per annum, as set from time to time
by resolution of the Borough Council, and shall cover one individual and one
licensed premises. Additional employees at any licensed premises shall obtain
licenses at the rate as set from time to time by resolution of the Borough
Council per license.
