[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 4-28-1981 by Ord. No. 3-81 (Ch. 96 of the 1974 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, partnership, corporation or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells secondhand gold, silver, precious metals, gems
or jewelry, and includes anyone advertising the purchase or sale of
any of the aforementioned items.
Any business conducted intermittently within the Borough
of Totowa or at varying locations.
Any person under the age of 18 years.
Any business conducted on a year-round basis and housed in
a single structure, such as a store or residence.
Each dealer conducting business within the jurisdiction
of the Borough of Totowa shall first register with the Chief of Police
or his designee, who shall fingerprint and institute an 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 shall take place within a reasonable
period of time, the Chief of Police shall return the application or
a copy thereof to the Borough Clerk, accompanied by his recommendations
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 such
recommendation shall be stated. Upon receipt of the recommendation
of the Chief of Police, the Borough Clerk shall issue or deny the
license accordingly.
Each dealer shall maintain a complete record
of each purchaser and sale including the amount paid, description
of item, any identifying numbers, name, residence and age and description
of the person from whom the items were purchased, received or sold,
requiring said person to sign a receipt for each item and further
requiring the photographing of said item or items. In addition thereto,
the dealer shall be required to photograph the individual or individuals
from whom he purchases said item or items. These records shall be
subject to the inspection of any authorized police officer of the
Borough of Totowa.
Each dealer doing business in the Borough of
Totowa shall deliver to the Chief of Police the description of all
items purchased, received or sold, within 48 hours of the completion
of the transaction, on forms prescribed by the Chief of Police.
No dealer shall sell, melt or change the form
of or dispose of any articles purchased or received within five days
of the date of said purchase, and all such items shall be made available
to the Chief of Police or any police officer of the Borough of Totowa
upon request, 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 herein defined, and also with any individual
who is in an intoxicated state and/or is under the influence of intoxicating
liquor, narcotics, hallucinogenic or habit-producing drugs.
A.Â
Licenses issued under the provisions of this chapter
may be revoked by the Borough Council after hearing on notice for
any of the following causes:
(1)Â
Fraud, misrepresentation or false statement contained
in the application for license.
(2)Â
Fraud, misrepresentation or false statement made in
the course of carrying on the business of purchasing secondhand precious
metals, gems and jewelry.
(3)Â
Any violation of this chapter.
(4)Â
Conviction of any crime or disorderly persons' offense
involving moral turpitude.
(5)Â
Conducting the business of soliciting or canvassing
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.Â
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address
at least five days prior to the date set for the hearing.
Any person who violates any provision 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 by 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.
