[HISTORY: Adopted by the Borough Council of the Borough of Spotswood as indicated in article histories. Amendments noted where applicable.]
Amusement devices — See Ch. 43.
Barbershops — See Ch. 50.
Games of chance — See Ch. 107.
Junkyards — See Ch. 117.
Mobile home parks — See Ch. 134.
Peddling and soliciting — See Ch. 151.
Special sales — See Ch. 160.
Wreckers — See Ch. 209.
Article I General Provisions
Article II Sale or Purchase of Gold, Silver or Other Precious Metals
[Derived from Sec. 7-1 of the 1969 Revised General Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No. 278, as amended through 9/94)]
The purpose of this article is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the Borough, except alcoholic beverage licenses, dog licenses, and taxicab licenses.
All applications for licenses, other than licenses or permits for charitable solicitation, shall be accompanied by a nonrefundable application fee of $35, shall be made to the Clerk on forms provided by him and shall contain the following information:
Name and permanent and local address of the applicant and, if the applicant is a corporation, the name and address of its registered agent.
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
If a vehicle is to be used, its description, including the license number.
If the applicant is employed by another, the name and address of the employer together with credentials establishing the exact relationship.
The days of the week and the hours of the day during which the licensed activity will be conducted.
A description of the nature of the business and the goods, property or services to be sold or supplied.
A statement as to whether the applicant has been convicted of a crime or of the violation of a municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed.
Appropriate evidence of the good character and business responsibility of the applicant so that an investigator may evaluate his character and responsibility.
The applicant shall be fingerprinted if the Chief of Police determines that fingerprints are necessary for proper identification. Fingerprint records shall be processed for classification and identification.
Applications by partnerships shall be signed by all partners, with the information required by this section concerning each partner supplied in detail. Applications of corporations shall have individual statements attached containing all the information required by this section relating to each employee or agent who shall engage in the licensed activity and shall be signed by each employee or agent.
Two photographs not over a year old, showing the applicant's face front and profile, of a minimum size of 1 1/2 inches by 1 1/2 inches shall be affixed to the application.
Each application shall be referred to the Chief of Police or a police officer designated by him, who shall institute whatever investigation he considers necessary of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity for the protection of the public. He shall communicate his findings in writing to the Clerk within a reasonable time after the application has been filed. If the investigator decides that the applicant's character, ability or business responsibility is unsatisfactory or that products, services or activities are not free from fraud, he shall disapprove the application, and the Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Clerk shall issue the license immediately if the required license fees have been paid, except in cases where approval of the Borough Council is required. A solicitor's, peddler's, or canvasser's license may be issued immediately upon application, subject to the investigation.
If a license is denied, the applicant may appeal to the Council for a hearing. The appeal shall be filed with the Clerk in writing, within 14 days after notification of the refusal. The Council shall hold a hearing within 10 days thereafter. The decision of the Council shall be final.
Licenses shall be in a form which the board shall prescribe by resolution, and shall contain the following information:
The name and address of the licensee.
The number and type of the license and the nature of the licensed activity.
The address at which the licensed activity is conducted if the activity is carried on at a fixed location.
The make, model and license number of the vehicle if the licensed activity is conducted from a vehicle.
The expiration date of the license.
Any other appropriate information which the Commissioners may by resolution require.
The Clerk shall keep a record of all licenses issued under this article. The record shall be in a form prescribed by resolution of the Commissioners and shall contain the same information as is required by § 127-4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Commissioners may by resolution require.
When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases the licensee shall have the license in his possession at all times and shall display it on request of any police officer or any person with whom he is doing business.
Every license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place when the licensed activity is conducted at a fixed location, but only with the approval by resolution of the Council. The fee for the transfer of a license from place to place shall be $5.
Except where expressly provided otherwise, all licenses shall expire on June 30 of the year of issue at 12:00 midnight local time. Applications for the renewal of licenses shall be made not later than June 1 of the year of issue.
When an application for a license is made during the course of any calendar year, the fee shall be prorated to the nearest month. Any period of time greater than 1/2 a month shall be considered a full month for this purpose.
A license or permit issued by the Borough may be revoked by the Commissioners after notice and a hearing for any of the following causes:
Fraud or misrepresentation in any application for a permit or license.
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
A violation of any provision of this Code.
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
Conduct of the licensed activity, whether by the licensee himself or his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
Whenever a license has been issued immediately upon application, pending the results of the investigation provided for by this article, such license may be summarily revoked if the investigation warrants a denial of the application.
Written notice of a hearing for the revocation of a license or permit shall be given by the Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last-known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Commissioners shall revoke or suspend the license if they are satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
The Commissioners may issue another license to a person whose license has been revoked or denied, as provided in this article, if after the hearing they are satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
The Commissioners may by resolution make rules and regulations which interpret or amplify any provision of this article or for the purpose of administering the provisions of this article or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this article, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this article.
[Adopted 10-15-2012 by Ord. No. 2012-12]
As used in this article, the following terms shall have the meanings indicated:
- Any person, partnership or corporation who, through any means, buys or sells gold, silver, precious metals or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.
- REGULATED ACTIVITY
- The purchase of any item containing gold or silver or gems or any other precious metals, except for coins, for subsequent resale purposes and not for personal use.
- USED ITEM CONTAINING GOLD OR SILVER
- Any item containing gold or silver previously sold or transferred to a consumer for the personal use or enjoyment of such consumer.
No individual, person, partnership or corporation shall engage in business of purchasing precious metals and gems, and all forms of previously owned jewelry without first obtaining a zoning permit from the Borough of Spotswood Zoning Officer and a license from the Borough of Spotswood Clerk. The license shall bear a number issued by the Borough Clerk and shall be prominently displayed within the licensed premises.
An application for such license shall be filed with the Borough Clerk and shall be accompanied by a license fee of $200 for the initial application and $50 for each annual renewal for each premises on which the regulated activity is to be conducted.
Each licensee shall deliver a bond to the Borough Clerk executed by the applicant as principal, with a surety company authorized to do business under the laws of the State of New Jersey as to surety. The bond, to be approved by the Borough Attorney, shall be in the penal sum of $10,000, conditioned upon the due and proper observance of and compliance with the provisions and requirements of all ordinances of the Borough in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against any person licensed under this chapter by reason of any damage sustained by any such person as having made a sale to such licensee, due to dishonesty, fraud or deceit practiced in effecting purchase.
Each license shall expire on December 31 of the year in which it is issued.
Upon receipt of an application and fee pursuant to, the Borough Clerk shall refer such application to the Chief of Police, who shall institute such investigation of the applicant's moral character and business responsibility as deemed necessary for the protection of the public welfare. The applicant shall sign a waiver authorizing a criminal history check to be conducted by the Borough of Spotswood Police Department. Upon completion of the investigation, the Chief of Police shall return the application or a copy thereof to the Borough Clerk, within a reasonable period of time, accompanied by his recommendations as to whether the license should be issued or denied. If the recommendation is to deny the license, the grounds for such 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 any crime or disorderly persons offense involving dishonesty, fraud, deceit or misrepresentation or for failure to execute a waiver authorizing a criminal history check to be conducted. Upon receipt of the recommendation of the Chief of Police, the Borough Clerk shall issue or deny the license accordingly. If the license is denied, 75% of the fees shall be returned to the applicant, the balance going to offset the cost of the investigation. Any person aggrieved by such denial may appeal to the Borough Council, which may affirm, reverse or modify the decision.
Each dealer shall record in a bound book, non-loose-leaf form, with all pages numbered in sequence, entries of receipts and disbursements to be made in pen or ink. There shall be no space between entries and each entry shall be numbered in sequence. All such ledgers shall be made available for inspection by any law enforcement official of the Borough of Spotswood upon request and shall contain the following information:
The licensee shall, within 24 hours of the transaction, submit to the Borough Police Department the record of sale or trade of precious metals by fax or hand delivery.
These records shall be retained by the dealer for a period of one year and shall be subject to the inspection of any authorized police officer of the Borough of Spotswood.
Each dealer shall retain within the Borough, all merchandise in the form in which it was purchased for a period of at least seven days.
No transaction may be made with any person under the age of 19.
Each dealer must require two forms of identification of the person with whom it is transacting business.
All licensees shall be mandated to obtain from each person offering items for sale a clear photo identification of that person, along with the individual's current address, personal information and signature. All licensees under this section shall be required to maintain a photocopy machine or digital camera at their place of business and use such equipment to acquire a clear and viewable photocopy from the identification. This information shall be submitted to the Borough of Spotswood Police Department.
No person, firm or corporation shall, under any circumstances, go from house to house soliciting the purchase of old gold, old silver or other precious metals.
Any person or persons, as defined above, who violates any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $2,000 or be imprisoned for not more than 90 days, or both, at the discretion of the Municipal Judge. A separate offense shall be deemed committed in each day during or in which a violation occurred or continues.