[HISTORY: Adopted by the Board of Commissioners of the City of Union City 1-7-1997 as § 8-1 of the 1996 Revised General Ordinances, as amended through Ord. No. 1999-2. Subsequent amendments noted where applicable.]
Fees — See Ch. 155.
Fiber-optic systems — See Ch. 160.
Florists — See Ch. 180.
Games of chance — See Ch. 196.
Handbills — See Ch. 208.
Peddling and soliciting — See Ch. 301.
Pool and billiard rooms — See Ch. 306.
Tattooing and body piercing — See Ch. 376.
Public telephones — See Ch. 391.
Towing — See Ch. 397.
Used car dealers — See Ch. 407.
Editor's Note: See "General References" in this chapter and the Derivation Table at the end of the Code to locate the other sections of Chapter VIII of the 1996 Revised General Ordinances (§§ 8-2 through 8-15) which have been included in various chapters of this Code.
All license fees imposed pursuant to the provisions of this chapter shall be imposed for revenue and for regulation and control.
All licenses granted pursuant to the provisions of this chapter shall be good for the calendar year or any portion of the calendar year in which issued, and shall be granted only upon full payment of the license fee as prescribed specifically for the business or occupation, and is payable in advance, such license fee to cover for a full calendar year or any portion of the calendar year, it being the intention that where a license be issued for a full calendar year or a period within the calendar year, the license fee shall be the full amount as fixed for the specific business or occupation covered by this chapter.
Before any license is issued, the applicant for the license must file an application with the License Inspector upon a form supplied by the City which may be obtained from the Department of Health with respect to such licenses as are issued through the Department of Health and from the Inspector of Licenses with respect to such licenses as are issued through the License Inspector, which application shall be accompanied by the license fee prescribed for such business or occupation in this chapter and in the manner prescribed by this chapter.
Upon the granting of a license by the Board of Commissioners, the applicant, upon notice from the City Clerk, shall obtain the license from the Department of Health or from the License Inspector, as the case may be, and no place, employment, vocation, occupation, premises or vehicle shall be used or operated for any of the business, trades, or purposes hereinafter specified, unless a license for that purpose is first had and obtained in the manner hereinbefore and hereinafter prescribed.
All applications from the License Inspector shall contain the following information: the type of business or occupation the license is applied for, name under which and location at which the business is to be conducted, name of applicant, place of birth, citizenship, permanent home residence, place or places of residence of the applicant for the preceding three years and the number either of arrests or convictions for misdemeanors or crimes and the nature of the offenses for which arrested or convicted and, if a corporation, the names of the officers and directors of the corporation, the principal office and agent of the corporation, the date of incorporation and information concerning each of the officers and directors of the corporation as is required of all individuals making applications.
It shall be unlawful for any person or persons, company, partnership or corporation to engage in, carry on, pursue or conduct, within the limits of the City, any business, trade, employment, vocation, occupation or purpose, hereinafter specified, unless (s)he, they or it shall first obtain a license from the Division of Health or License Inspector, in the manner herein prescribed.
Licenses are not transferable or assignable. All persons must apply to the appropriate licensing agent in the City of Union City for a new license and comply with the provisions of the license application.
All receipts for license fees shall be signed by either a Department of Health official or by the License Inspector, as the case may be, and returns for such license fees thus received shall be made to the City, showing the number and kinds of licenses issued and the amount of license fees collected and received.
Any person to whom any license is issued pursuant to the provisions of this chapter, is hereby required to display such license either in or on the place or premises affected by such license, or upon the vehicle or device used or operated pursuant to such license, or on his/her person. To that end, the City will cause to be issued to each licensee either a certificate of license or a metal license plate bearing the license number and a statement of the purpose for which the license is issued. If, for any reason, it is impossible to display the certificate or plate, as herein provided, then it shall be incumbent upon the licensee to show the same upon demand of any properly constituted authority of the City.
All applicants for licenses for businesses shall be required to submit two photographs of the applicant measuring two inches by two inches of a front view of the applicant's face and shoulders without head covering. One of the foregoing photographs shall be placed on the license certificate and shall be displayed pursuant to this chapter. If the applicant for a license is designated as a business entity, two such photographs of all owners of the business entity shall be submitted in accordance with this section and displayed in accordance with this chapter.
There shall be appointed by the Health Officer an official of the Department of Health whose duty shall be to collect the license fees to be processed through that department, and there shall be appointed by the Director of Revenue and Finance a License Inspector whose duty shall be to collect all license fees to be processed through the office of the License Inspector, which official and License Inspector shall be on duty at all times during the business hours of the City, more particularly the hours during which the office of the Collector of Taxes is open for the collection of taxes, to collect such fees and issue such licenses according to requirements of this section and Chapter 155, Fees. The official of the Department of Health and the License Inspector, as the case may be, shall cause to be investigated the qualifications of all applicants for licenses and shall cause to be inspected the premises wherein the licenses are to be issued and to receive a report of this investigation of each applicant and the premises where the license is to be issued and to certify that such applicant and premises qualify for such license.
The purposes, businesses or occupations and their license fees are as set forth in § 155-3, and are required to be licensed and processed through the Department of Health.
The Board of Commissioners may refuse to issue a license if it deems, in its best judgment, that the licensed premises are unsafe for habitation or unsafe for business to be conducted in the premises, that the applicant is disqualified, that the unsanitary condition of the premises creates a hazard or that the business to be operated on the premises would constitute a fire hazard.
No license granted pursuant to the provisions of this chapter shall be construed as permitting the violation by the licensee of any law of the state, of any chapter of the City Code or the regulation concerning the health or safety of the community or in any other way regulating the particular business, trade, employment, vocation, occupation or purpose licensed.
This chapter shall not in any manner whatsoever effect the provisions of Chapter 58, Alcoholic Beverages, which fixes license fees, regulates the sale and distribution of alcoholic beverages and provides penalties for violations thereof.
All licenses issued hereunder may be canceled or revoked by the Board of Commissioners at a hearing of the Board, whenever it appears that the premises or the business licensed is used for any unlawful purpose, or if the licensee is convicted of a violation of any of the provisions of this chapter or of any other ordinance or regulation of the City relating to the business or conduct of the licensee, or of any statute of the State of New Jersey or of the United States, or where any criminal act is committed upon, about or in connection with the business, place or person licensed or in the event of a concealment of, omission or failure to state, or misstatement of any material, fact or thing in connection with the person, place or business or occupations to be licensed or whenever it appears necessary, proper and expedient that the license may be canceled and revoked in the interest of good government, the protection of persons and property, the preservation and enhancement of the public health, morality, good order, safety and prosperity of the people of the City. There shall be no refund of license fees or portion thereof in the event of revocation of license.
Revocation or suspension; restoration. Any license or permit issued by the City may be revoked or suspended by the Board of Commissioners when any licensee who is the owner of the property affected by the license or upon which the licensed business or activity is conducted has failed to pay the taxes due on the property for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.
Exceptions. The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., as set forth in § 234-15, nor shall it apply to the issuance of building permits, which are governed by the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.).
Any person who shall violate any provision of this chapter, shall, upon conviction thereof, be fined in a sum not to exceed $500 or, in the discretion of the Municipal Court, shall be lodged in the county jail for a term not to exceed 90 days, or may, by the Municipal Court, be subjected to both such fine and imprisonment.
Purpose and intent.
The purpose and intent of this section is to assist law enforcement officials and victims of crime in recovering stolen precious metals and other secondhand goods by requiring minimum identification, reporting, maintenance, and distribution criteria for licensed dealers in these goods.
No person shall use, exercise, or carry on the business, trade, or occupation of the buying, selling, or pawning of precious metals or other secondhand goods without complying with the requirements of this section in the exact number described herein.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ACCEPTABLE DEFINITION
- A current valid New Jersey driver's license or identification card, a current valid photo driver's license issued by another U.S. state, a valid United States passport, or other verifiable United States Government issued identification, which shall be recorded on the receipt retained by the dealer and subsequently forwarded to the local police department on request.
- CHIEF OF POLICE
- The Chief of the Union City Police Department or his/her designee.
- CITY CLERK
- The statutory officer whose duties are defined in N.J.S.A. 40A:9-135 and may refer to the duly appointed Clerk of the City (1972 Code Sec. 7-20.2).
- Any person, partnership, limited liability corporation, corporation, or other entity who either wholly or in part, engages in or operates any of the following trades or businesses: the buying for purposes of resale of precious metals, jewelry, or other secondhand good as defined herein; itinerant business as defined herein. For the purposes of this section, transient buyers, as defined herein, are subject to the same licensing and reporting requirements as any other dealers.
- ITINERANT BUSINESS
- A dealer who conducts business intermittently within the municipality or at varying locations.
- Any person, partnership, association or corporation lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidence of indebtedness; purchasing personal property on condition of selling it back at a stipulated price; or doing business as a furniture storage warehousemen and lending money on goods, wares or merchandise pledged or deposited as collateral security.
- PRECIOUS METALS
- Gold, silver, platinum, palladium, and their alloys as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
- Individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.
- REPORTABLE TRANSACTION
- Every transaction conducted between a dealer and a member of the public in which precious metals, jewelry, or any other secondhand goods as defined herein are purchased or pawned.
- SECONDHAND GOODS
- Used goods such as antiques, gold, silver, platinum, or other precious metals, jewelry, coins, gemstones, gift cards, any tools, cellular telephones, smart phones, GPS devices, computers, mobile computers, computer hardware and software, television (except cathode ray tube type), radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive equipment, collectibles, video game systems, game cartridges, DVDs, CDs, and other electronically recorded material, firearms, cameras and camera equipment, video equipment, and other valuable articles. For the purposes of this section, secondhand goods shall not include goods transacted in the following manner: 1) judicial sales or sales by executors or administrators; 2) occasional or auction sales of household goods sold from private homes; 3) auctions of real estate; 4) the occasional sale, purchase, or exchange of coins or stamps by a person at his permanent residence or in any municipally owned building who is engaged in the hobby of collecting coins or stamps and who does not solicit the sale, purchase or exchange of such coins or stamps to or from the general public by billboard, sign, handbill, newspaper, magazine, radio, television, or other form of printed or electronic advertising.
- A member of the public who sells or pawns goods such as precious metal, jewelry, or other secondhand goods to a dealer.
- TRANSIENT BUYER
- A dealer, as defined herein, who has not been in a registered retail business continuously for at least six months at any address in the municipality where the dealer is required to register or intends to close out or discontinue all retail business within six months.
License requirement for dealers.
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the municipality, without having first obtained a license therefor from the City Clerk, which license shall bear a number issued by the City Clerk.
The application for a license to the City Clerk shall set forth the name, date of birth and address of the dealer, whether or not he/she is a citizen of the United States, and whether or not he/she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the dates, thereof.
Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in Subsection A above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for the purpose of this chapter. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall be visibly or audibly stated. Failure to state or indicate the license number shall be in violation of this section and shall be subject to penalties established in Subsection I.
Licenses may not operate at any location other than the site specified in the license. Licenses operating at multiple locations must have each location separately licensed. Each location must be permanent. Itinerant business and transient buyers, as defined in Subsection B above, are not eligible for licensure and are prohibited from operating in the City.
Application process for dealers; approval or denial.
Upon receipt of an application, the City Clerk shall refer such application to the Chief of Police who shall make an investigation of the prospective licensee within 30 days for the purpose of determining the suitability of the applicant for licensing. Such investigation shall include, but shall not be limited to the following:
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in Subsection A above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience.
The reputation of the applicant for fair dealing in the community, which shall be made among credible sources, which sources shall be disclosed to the applicant in the event of a denial of any license.
Any criminal record of the applicant including any past convictions for any crime(s), disorderly persons offense(s), or municipal ordinance violation(s) within this or any other jurisdiction. The Chief of Police may, as part of the application process, require a fingerprint criminal background check through the Federal Bureau of Investigation, Criminal Justice Information Services Division, which may require an additional fee from the applicant.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metals or other secondhand goods and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however, applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by Subsection E(4) of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under Subsection F(1).
The Chief of Police shall complete any investigation pursuant to this section within 30 days of the submission of the application to the City Clerk, fully completed by the applicant. If a criminal record check has been requested within the thirty-day period and has not been received from the Chief of Police within that period, the Chief may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding the criminal record.
The Chief of Police, upon completion of the investigation, shall recommend in writing to grant or deny the requested license to the City Clerk, who shall grant or deny the license according to the recommendation. In the case of recommending denial, the Chief of Police shall state fully and specifically the reasons for the recommendation. If the Chief of Police recommends denial of any license, the City Clerk shall notify the applicant within 10 days of such denial, and forward to the applicant a statement of the reason or reasons for such denial.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s) disorderly persons offense(s) involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant of any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection E, the retention and inspection requirements of Subsection F, or any other portion of this chapter. Upon receipt of the recommendation of the Chief of Police, the City Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by Subsection G of this section.
Whenever any application for permit is denied, the applicant shall be entitled to a hearing before a three-person panel appointed by the Chief of Police, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of denial of a license to act as a dealer of secondhand goods.
No license shall be assignable by the dealer.
Identification of seller; recordkeeping requirements for dealers. For every reportable transaction between a dealer and the public, the dealer shall be required to do as follows:
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in Subsection B.
Require each seller to execute a "Declaration of Ownership," which shall contain the following certification: "My signature confirms that I am the sole legal owner of and am legally authorized to sell the goods being sold. By signing below I certify that I did not obtain and do not possess the identified goods through unlawful means. I am the full age of 18 years and the identification presented is valid and correct."
Record and issue to each person selling or pawning such goods on a sequentially numbered receipt:
A complete and detailed description of the items and the manufacturer and model of the item(s) if known; in the case of jewelry, the descriptions must include style, length, color, design, and stones, if any; any identifying marks, including numbers, dates, sizes, shapes, initials, names, monograms, social security number engraved thereon, serial numbers, series number, or any other information appearing calculated to set apart the particular object sold from others of like kind;
If precious metals, the net weight in terms of pounds troy, pennyweight (troy) or kilograms/grams; fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A. 51:6-1 et seq.;
The date and time of the transaction;
The price paid for the purchase or pawn of the item(s);
The name, address and telephone number of the purchaser, including the clerk or employee of the licensee making the transaction;
The permanent business address and license number of the dealer;
The name, address, date of birth, and telephone number of the seller or sellers;
A photographed recording of the seller in a format acceptable to the Chief of Police, along with a physical description of the seller, including height and weight (approximate), hair color, eye color, facial hair, if any, etc.;
A photographed recording of the seller's acceptable identification, as set forth in Subsection C, in a format acceptable by the Chief of Police;
A photographed recording of all items sold in a format acceptable the Chief of Police. When photographing, all items must be positioned in a manner that makes them readily and easily identifiable. Items should not be grouped together when photographing or imaging. Each item should have its own photograph;
The receipt number.
These records shall be subject to inspection by any representative of the Union City Police Department duly authorized for this purpose by the Chief of Police.
The information outlined in Subsection E(3)(a), above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer of any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection E(6) below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information in Subsection E(3)(a) above.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection E(3)(a) above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection F.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transaction of precious metals or other secondhand goods, as well as the articles purchased or received, and where necessary, relinquish custody of those articles as provided in Subsection F. Itinerant business and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
Retention; revocation; other restrictions.
All precious metals and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 10 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection D. Jewelry also must be maintained for at least 10 business days, the statutory period provided in N.J.S.A. 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the ten-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
Upon probable cause that goods held by a dealer are stolen, and provided that the seller signed the mandatory statement required by Subsection E(2) upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
If market conditions would create a hardship on the dealer by holding precious metals or other secondhand goods for such period, the dealer may present the property to the Chief of Police in order that it may be photographed and, if deemed necessary by the Chief of Police, an investigation may be implemented. The Chief of Police shall have the authority to grant the dealer a waiver of the requirement under this section.
In addition to all other reporting requirements, every dealer shall maintain for at least five years a written record of all purchases of precious metals and other secondhand good in the form prescribed in Subsection E(3)(a).
No dealer shall purchase any item covered by this section from any person under the age of 18 or in the absence of providing prior notification of such purchase to the Chief of Police or business designee identifying the individual from whom such purchase is to be made and the item to be purchased.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. The penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection I.
Grounds for suspension. The following shall constitute grounds for suspension: violation of any provisions of this section, including failure to comply with any training or fees associated with the electronic database software system in use by the municipality; violation of any other statute, regulation, or local ordinance; or any other illegal, improper, or fraudulent activity.
Procedure for suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the City Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to Subsection F(8). A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection F(8).
Revocation. A license issued under this section may be revoked by the City Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this chapter. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection I.
Grounds for revocation. The following shall constitute grounds for revocation: a third violation under this chapter; a second violation under this chapter less than one year after an earlier violation under this chapter; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any other regulations or local ordinances within this or any jurisdiction.
Procedure for revocation. Upon a determination that appropriate grounds exist and that a revocation is warranted, the Chief of Police or the Chief's designee shall so report to the City Clerk in writing. A temporary suspension will immediately and automatically issue, if one is not already in effect, pending the outcome of the charge. A three-person panel appointed by the Chief of Police, shall review the stated ground for revocation, and the panel shall issue an appropriate disposition of suspension, revocation, or reinstatement. If the panel determines that revocation is the appropriate disposition, it shall set forth the grounds for the same in writing in the form of a notice of revocation, which shall be provided to the dealer. The notice shall advise the dealer to the right appeal. If the panel determines that suspension is the appropriate disposition, it shall provide the dealer with a notice of suspension that shall advise the dealer of the right to appeal. Following revocation, the dealer must relinquish his or her license and must immediately and indefinitely cease operating as a dealer of precious metals or other secondhand goods within the municipality.
Appeal. Any applicant wishing to appeal an issuance of a suspension or revocation shall be entitled to a hearing before a three-person panel, appointed by the Chief of Police, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such suspension or revocation. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of revocation or suspension of license.
A dealer shall have the right to change the location of the licensed business provided that he or she notifies the City Clerk, in writing, of the street address of said new location.
Bond requirement. Each dealer covered under this section shall deliver a bond to the City Clerk executed by the applicant as principal and executed by a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond, to be approved by the City Attorney, as defined in N.J.S.A. 40A:9-139, shall in the penal sum of $10,000 conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the municipality 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 the dealer licensed under this section, which damage shall be established by a judgment or a court of proper jurisdiction. This bond shall contain the following language: "The obligation of this bond shall, in addition to the City of Union City, be and remain for the benefit of any person who shall obtain a judgment against the obligor as a result of damage sustained in operation pursuant to any license granted under this chapter" (1972 Code Sect. 7-20.6). Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license.
Fees; period of license validity. A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection E(4). Payments are to be made in the manner directed by the City Clerk. A license is valid for a one-year period from the date of its issuance.
Violations and penalties. Violation of any provision of this section by a dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsection F(6) and (7) above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection F(7). The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
Time limit for conformance; repealer; severability.
Any person, partnership, limited liability company, corporation, or other entity engaging in the business of a pawnbroker, or a dealer in precious metals or other secondhand goods shall conform to the provisions of this section within 90 days following the effective date of this section.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Nothing contained in this section is intended to replace any preexisting statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1, et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq. the sale of secondhand jewelry as in N.J.S.A. 2C:31-36 et seq., of any other statutory provision regarding any subject matter discussed herein.
If any section, subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
Exemptions. Exemptions shall include:
Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale or which are incorporated as a not-for-profit corporation by the state.
Sales or purchases which are regulated by the licensing laws of the state, including automobile dealers, used parts dealers and automotive parts recyclers.