[HISTORY: Adopted by the Mayor and Council
of the Borough of Riverdale 8-18-2008 by Ord. No. 9-2008. 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 Riverdale 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 Riverdale shall first register with the Chief of Police, who shall fingerprint the applicant and institute such an investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public welfare. In the event that the dealer is a business entity other than a sole proprietorship, the officers in a corporation or the partners in a partnership (or limited partnership) shall be deemed to be the applicant(s) who shall be fingerprinted and investigated in accordance with this section. Upon completion of the investigation, the Chief of Police shall either issue or deny the license based upon the results of his investigation. Upon the issuance of the license, the applicant shall be given a copy of this Chapter 128.
Each dealer shall maintain a complete record
of each purchase and sale, including the amount paid, a description
of the item and any identifying numbers or engravings. The dealer
shall also obtain the name, address, and date of birth, driver's license
number and state of issuance for the person from whom the items were
purchased, received or sold. This information is to be documented
on the secondhand jewelry transaction receipt form supplied by the
Riverdale Police Department. These records shall be subject to the
inspection of any authorized police officer of the Borough of Riverdale.
The records required to be maintained shall be kept confidential by
the dealer and shall be released only to appropriate law enforcement
personnel.
Each dealer doing business in the Borough of
Riverdale 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 the secondhand jewelry transaction receipt
forms prescribed by the Chief of Police.
[Amended 10-17-2011 by Ord. No. 14-2011]
No dealer shall sell, melt or change the form
of or dispose of any articles purchased or received within 20 days
of the date of said purchase, and all such items shall be made available
for at least 20 days to any authorized police officer requesting such
items.
Each dealer must require identification of the
person with whom he is transacting business, and no transaction may
be made with any minor, as herein defined, nor with any individual
who is in an intoxicated state and/or is under the influence of intoxicating
liquor, narcotics or hallucinogenic or habit-producing drugs.
Licenses issued under the provisions of this
chapter may be revoked by the Chief of Police, after a hearing, upon
notice to the applicant, for any of the following causes:
A.Â
Fraud, misrepresentation or false statement contained
in the application for a license.
B.Â
Fraud, misrepresentation or false statement made in
the course of carrying on the business of purchasing secondhand precious
metals, gems and jewelry.
C.Â
Any violation of this chapter.
D.Â
Conviction of any crime or disorderly persons' offense
involving moral turpitude.
E.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.
Any person who violates any provision of this
chapter shall, upon conviction, be subject to one or more of the following:
a fine not exceeding $1,000, imprisonment for a term not exceeding
90 days, or a period of community service not exceeding 90 days. If
the violation is of a continuing nature, each day during which it
continues shall constitute a separate and distinct offense.
