[HISTORY: Adopted by the Mayor and Council of the Borough of Park Ridge 11-9-1994 by Ord. No. 94-16. Amendments noted where applicable.]
The purpose of this chapter is to regulate the trade in secondhand or pre-owned precious metals, gems and jewelry to prevent or reduce trafficking in stolen goods and to improve the ability to recover such items when they have been stolen or otherwise removed from the rightful owner without permission.
As used in this chapter, the following terms shall have the indicated meanings, unless the context clearly indicates otherwise:
- Any person or entity who through any means buys any of the items defined in this chapter.
- Any individual who engages in the regulated business, as defined herein.
- Objects composed of precious metals, gemstones, or both, including but not limited to rings, bracelets, necklaces, pins, flatware, tableware, chalices or goblets.
- Any person under the age of 18 years.
- PRECIOUS METALS
- Materials commonly used in the fabrication of jewelry, including but not limited to gold, silver and platinum.
- PRECIOUS OR SEMIPRECIOUS GEMS
- Those precious or semiprecious stones commonly referred to as "jewels," including but not limited to diamonds, rubies, pearls, sapphires, opals, emeralds and similar items.
- REGULATED BUSINESS
- The selling, buying or other trading in of jewelry, as defined herein, i.e., used, secondhand or pre-owned.
This chapter shall not affect persons and entities selling items covered by this chapter which have been purchased from dealers, manufacturers or wholesalers who are normally in the business of manufacturing and/or selling said items. This chapter does cover those persons or entities purchasing the aforesaid items from the general public for resale or use.
It shall be unlawful for any person, firm, corporation, partnership or other business entity to engage in the regulated business in the Borough of Park Ridge without first having procured a license to do so and complying with the regulations herein. Each day upon which such person, firm, corporation, partnership or other business entity shall not do any act which is herein provided or failed to perform any act which is herein required shall constitute a new violation.
Each location in the Borough of Park Ridge in which the regulated business is conducted and each individual engaging in such business shall be licensed in accordance with the provisions of this chapter.
A fee of $250 shall be paid to obtain a license for a location where the regulated business is conducted; and a fee of $50 shall be paid to obtain a license for each individual engaging in the regulated business. Such a license shall be required for each and every individual engaging in the regulated business at a licensed location.
Each license issued pursuant to the provisions of this chapter shall expire on the 31st day of December and shall be renewed annually in accordance with this chapter.
Any individual desiring a license for a location or an individual to conduct the regulated business shall file, on a form supplied by the Borough Clerk, an application with the Borough Clerk which shall be in duplicate and sworn to by the applicant.
Every application required under this chapter shall contain the following information:
The name under which the business is to be conducted.
The name and address of the applicant, if a corporation, the names and addresses of the President and Secretary of the corporation. If a partnership, the names and addresses of each of the partners.
The nature of the business and the address where it is to be conducted.
The number of motor vehicles used. The identification number for each vehicle including the license plate number and registration shall be provided.
The residence of any individual applicant during the past five years.
A statement that the applicant has never had a license to conduct a regulated business denied or revoked, except as noted.
A statement that none of the individual applicants has ever been convicted of crimes, except as may be noted.
The social security number of each and every individual applicant.
A statement providing:
The undersigned applicant authorizes the appropriate local municipal officials to make inspections of the licensed premises during the times when the business is open and in operation.
The undersigned have completed the answers to this application in order to induce the municipality to issue the license. Furthermore, the undersigned agree to comply with all local relevant ordinances, rules and regulations.
Upon the filing of an application accompanied by the required fees, if it appears that the applicant has properly identified himself and all necessary parties as required by this chapter, including such confirmation of the statements made which may result from investigation by the Chief of Police, the license shall be issued. No license shall be issued or renewed to any applicant who has willfully violated this chapter. If it is determined that an applicant has been convicted of a crime involving dishonesty, fraud, deceit, misrepresentation or moral turpitude, no license shall issue. Licenses shall not be transferable or assignable to any other person.
Every licensee shall have his license in his possession while engaged in the business licensed. The license for the location shall be prominently displayed at all times. The licensee shall produce his license at the request of any person solicited, any Borough police officer or any official of the Borough.
Recordkeeping. Each licensee shall maintain sequentially numbered records for not less than one year containing the following information:
The name and address of the person or persons from whom any jewelry, precious stones or precious metals are purchased from or sold to.
The date of the transaction.
A description of the objects purchased or sold.
The fineness of the precious metals purchased or sold.
The carat weight of the precious stones purchased or sold.
A detailed description of the objects involved in the transaction.
The price paid for the object.
The signature of the person from whom the object is obtained or to whom it is sold.
No licensee shall purchase any objects subject to this chapter from any minor unless such minor is accompanied by a parent or guardian and said guardian specifically consents, in writing, to the transaction and complies with the provisions of this chapter.
No licensee shall destroy, melt down, sell, transfer or otherwise dispose of any object subject to this chapter until seven days have elapsed from the date the item came into the possession of the licensee.
Anyone who violates any of the provisions of this chapter shall, upon conviction thereof, before the Municipal Court of the Borough, be subject to a fine not exceeding $1,000 or imprisonment in a county jail for a term not exceeding 90 days, or both, in the discretion of a Municipal Judge before whom such defendant shall be convicted. A separate offense may be deemed committed on each day during or on which a violation occurs or continues.