[HISTORY: Adopted by the Township Committee of the Township
of Ocean 12-25-2023 by Ord. No. 2023-28.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 289,
Secondhand Dealers, adopted 5-14-2015 by Ord. No. 2015-2
The purpose of this chapter is to:
A.Â
Implement, within the jurisdiction boundaries of the Township of
Ocean, and establish procedures pursuant to the New Jersey Pawnbroking
Law, N.J.S.A. 45:22-2 et seq.
B.Â
Establish procedures for the licensing and operation of pawnbrokers
and dealers of secondhand goods through the implementation of a standard
body of uniform policies and recordkeeping requirements to which each
business governed by this chapter shall abide.
C.Â
Facilitate the prevention of fraud, impositions and other abuses
upon citizens of the Township of Ocean.
D.Â
Ensure the difficulty of disposing of stolen property and aid in
the recovery of stolen property.
E.Â
No person shall use, exercise or carry on the business, trade or
occupation of buying scrap gold, old gold, silver, jewelry, home electronics/audio
and visual equipment, musical instruments, telephones and telephonic
equipment, scales, computers, computer hardware and software, typewriters,
word processors, scanners, sporting goods of all kinds, antiques,
platinum, all other precious metals, tools of all kinds, televisions,
DVRs, GPS, camcorders, car stereos, gift cards, furniture, clothing
or other valuable articles, hereinafter referred to as "secondhand
goods or articles," or being a secondhand Dealer within the Township
of Ocean without having first obtained a license from the Township
of Ocean Clerk as hereinafter provided.
Words used in the present tense shall include the future, words
in the plural number shall include the singular number, and words
in the singular number shall include the plural number. The word "shall"
is always mandatory and not merely directory. As used in this chapter,
the following terms shall have the meanings indicated:
Acceptable forms of identification include a current valid
New Jersey driver's license or identification card, a current
valid photo driver's license issued by another US state, a valid
United States passport, or other verifiable US government issued identification.
Any person, partnership, firm, association or corporation,
other than a licensed pawnbroker or licensed secondhand dealer, having
a place of business in the Township of Ocean for the purpose of purchasing,
trading or dealing in antiques or primitives and who derives 75% of
his or her gross sales from the sale of antiques or primitives.
One or more old and valuable art object or item no longer
in production that is at least 50 years old. As used in this chapter,
the terms "antique" or "antiques" shall also mean "primitives."
Any article of merchandise, including any portion of such
article, whether a distinct part thereof or not, including every part
thereof whether separable or not, and also including material for
manufacture. And as so defined in N.J.S.A. 51:6-1.
Any and all forms of business organization operating pursuant
to law, including but not limited to entities designated and/or operating
as a partnership, limited-liability company, corporation, "S" corporation,
association, or firm. For purposes of this chapter, the term "business
entity" includes a foreign business or business formed under the laws
of another state, which business is authorized by the State of New
Jersey Division of Revenue to conduct business within this state and,
at all times relevant to this chapter, is in good standing with the
New Jersey Division of Revenue. Foreign businesses include all forms
of business entity recognized in the foreign jurisdiction, including
any form of business entity not otherwise recognized by the laws of
the State of New Jersey, such as, without limitation, a limited-liability
partnership.
The Chief of Police of the Township of Ocean or his designee/representative.
A computerized internet capable database with hardware and
software compliant to, accessible by, and acceptable to the Chief
of Police.
Any person, partnership, corporation, or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells or otherwise exchanges or trades secondhand gold,
silver, precious metals, gems, or jewelry, and includes anyone advertising
the purchase or sale of any of the aforementioned items.
A person or entity who is appointed or designated by the
Chief of Police, who is authorized to collect and maintain precious
metal transaction information or other purchase information, as defined
herein, for the Township of Ocean.
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "flea market sale," "auction sale" or "yard
sale" or any similar casual sale of used tangible personal property
which is advertised by any means whereby the public at large is or
can be made aware of the sale.
A restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
Any person or business entity granted a license pursuant
to this chapter and/or granted a license by the Department of Banking
and Insurance in accordance with the Pawn Broking Law.
Any person under the age of 18 years.
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than chooses
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 furniture storage warehouseman and lending
money on goods, wares, or merchandise pledged or deposited as collateral
security. For purposes of this chapter, the term "pawnbroker" shall
include any secondhand dealer who also operates as a pawnbroker or
undertakes any action or conduct which includes the business of a
pawnbroker as defined in the Pawnbroker Law.
The New Jersey statute and implementing regulations, N.J.S.A.
45:22-1 et seq., and N.J.A.C. 3:16-1.1 et seq., respectively, and
any and all amendments thereto, which govern and regulate pawn shop
businesses and pawnbrokers operating within the State of New Jersey.
Any individual which is not a business entity. For purposes
of this chapter, the term "person" shall also include an individual
operating a business as a sole proprietorship.
An article or articles deposited with a pawnbroker in the
course of business.
A person who delivers the pledge into the possession of a
pawnbroker, unless such person discloses that he is or was acting
for another, and in such an event "pledgor" means the disclosed principal.
Comprised of gold, silver, sterling, platinum and/or their
alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq.
and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and all forms
of jewelry herein contained.
Not only the exchange of money for precious metals, but the
exchange or trading of any other tangible or intangible property for
precious metals.
The exchange of money and the exchange, deposit, pledge,
sale, conveyance or trade of any tangible or intangible article.
Every transaction conducted by a dealer in which precious
metals, or other tangible property, are purchased or exchanged from
or with the public.
As used in this chapter, any person, partnership, corporation,
association, joint venture, trustee, court-appointed representative
or agent thereof which operates a business for profit which buys,
sells, possesses on consignment for sale or trades jewelry, stamps,
coins or any precious metals which may have been previously owned
by a consumer or which derives more than 35% of its gross receipts
from the sale, consignment for sale, pledge or trade of any goods,
wares or merchandise which have previously been owned by a consumer,
including but not limited to furniture, appliances, consumer electronic
goods, clothing, automobile accessories, books, magazines, athletic
cards and memorabilia or precious metals, whether in bulk or manufactured
state. The term "secondhand dealer" shall include businesses commonly
known as "pawnbrokers," "trading posts," "swap shop operators," "stamp
dealers," "coin dealers," "jewelers" and "auction houses" that purchase
and resell items from persons other than dealers and suppliers. The
fact that any business does any of the following acts shall be prima
facie proof that said business is a secondhand dealership:
Advertises in any fashion that it buys or sells secondhand or
used items. Such advertisements shall include, but are not limited
to, media advertisements, telephone listings, and signs, whether on
the exterior or interior of the business.
Devotes a significant segment or section of the business premises
to the purchase or sale of secondhand or used items.
Secondhand goods. Goods which have been previously owned, worn
or used by a consumer and/or that are not new. For the purposes of
this chapter, the term "secondhand goods" shall include "secondhand
watches", except where the context clearly indicates to the contrary.
Secondhand watches. A watch shall be deemed to be secondhand
if:
It as a whole or the case thereof or the movement thereof has
been previously sold to or acquired by any person who bought or acquired
the same for his use or the use of another, but not for resale; provided,
however, that a watch which has been so sold or acquired and is thereafter
returned either through an exchange or for credit to the original
individual, firm, partnership, association or corporation who sold
or passed title to such watch shall not be deemed to be a secondhand
watch for the purposes of this chapter if such vendor shall keep a
written or printed record setting forth the name of the purchaser
thereof, the date of the sale or transfer thereof, and the serial
number (if any) on the case and the movement, and any other distinguishing
numbers or identification marks, which said record shall be kept for
at least five years from the date of such sale or transfer and shall
be open for inspection during all business hours by the Ocean County
Prosecutor or the Prosecutor's duly appointed representative;
Its case, serial numbers or movement numbers or other distinguishing
numbers or identification marks shall be erased, defaced, removed,
altered or covered; or
If its movement is more than five years old and has been repaired
by any person or persons, including the vendor, notwithstanding that
it may have been returned either through an exchange or for credit
to said original vendor. Cleaning and oiling a watch movement or recasting
the movement in a new case shall not be deemed watch repair for the
purposes of this chapter.
A dealer who has not been in any retail business continuously
for at least six months at that address in the municipality where
the dealer is required to register or who intends to close out or
discontinue all retail business in the Township of Ocean within six
months. Or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
A.Â
Any licensee operating as a pawnshop or pawnbroker shall comply with
all applicable state and federal laws and regulations that govern
the same. Specifically, businesses dealing in the purchasing of precious
metals will comply with the laws outlined in N.J.S.A. 51:6A-1.
B.Â
Notwithstanding anything in Chapter 215, Licensing, to the contrary, except where otherwise stated in this chapter, the provisions of this chapter shall govern pawnbrokers, pawnbroking activities, dealers in secondhand goods and precious metal dealers with respect to the issuance, term, renewal and effect of licenses issued pursuant to this chapter and the violations and penalties set forth in this chapter. It is the express intent of the Township of Ocean that any conflict between this chapter and Chapter 215 of the Code of the Township of Ocean, entitled "Licensing," be resolved in favor of this chapter.
No person, either as owner, manager, lessee, officer or agent,
or in any other business, within the Township of Ocean, shall operate
or permit to operate as a pawnbroker/secondhand dealership without
first having obtained a license from the Township of Ocean to do so.
If an individual is deemed a pawnbroker or business deemed a pawn
shop, then a license from the Commissioner of Banking and Insurance
is required (N.J.S.A. 45:22-2).
A.Â
Exemptions. The following are exempt from the requirements of this
chapter.
(1)Â
Garage sales. As used in this section, a "garage sale" is defined in the above definitions pursuant to Ocean Township Code Ch. 190.
(2)Â
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.
(3)Â
Sales or purchases which are regulated by the licensing laws of the
state, including automobile dealers, used parts dealers and automotive
parts recyclers.
(4)Â
Antique dealers. As used in this section, an antique dealer is defined
as one who derives 75% of his gross sales each year from the sale
of antiques and/or primitives. As used in this section, an "antique"
or "primitive" is defined as an old and valuable art object or article
no longer in production that is at least 50 years old. As used in
this section, the term "sale" does not include an exchange, trade,
or swap of items
B.Â
Application. An application for a license required shall be made,
in writing, to the Township of Ocean Clerk, which shall minimally
set forth the following:
(1)Â
The name of the individual, partnership, corporation or association
applying for a license;
(2)Â
The residence, phone number, date of birth, driver's license
number, and social security number or federal tax identification number
of the applicant or partners or, if a corporation or association,
the residence, phone number and driver's license number of the
officers and all shareholders owning more than 5% of the outstanding
shares of stock;
(3)Â
The location for which the license is requested;
(4)Â
Whether the applicant, its partners, officers or listed shareholders
have been convicted of any criminal offense or ordinance violation
(other than traffic or parking offenses) in any jurisdiction and,
if so, a list of such convictions with date and prosecuting jurisdiction;
and
(5)Â
Whether the applicant, its partners, officers or listed shareholders
have held a license or had an interest in a license issued by this
or any other jurisdiction regulating the purchase or sale of secondhand
property revoked for cause and, if so, list the date of revocation
and jurisdiction.
(6)Â
In the case of a pawnbroker, the applicant's name, address,
fingerprints and written consent for a criminal history record must
be forwarded to the Commissioner.
C.Â
Fees.
(1)Â
Any pawnbroker or secondhand dealer shall, before engaging in business
within the Township of Ocean, apply for and secure a license to engage
in, conduct, and transact such a business, the fee for which license
shall be the sum of $200 in addition to the standard business license
fee. The license shall be renewed each year. Application for renewal
of a license shall be made to the Township Clerk on or before January
31 of each year and shall be submitted to the Township Committee for
approval. The annual renewal fee shall be $50. Should the license
be denied, the license fee shall be refunded to the applicant.
(2)Â
Following the issuance of a license, the licensee shall secure the
acceptable database software system. Any software licensing fee shall
be paid by the licensee direct to the software provider and shall
not be part of, and is in addition to, the license fee required by
the Township of Ocean.
D.Â
Issuance. The Township Clerk shall issue the license requested unless
the Township of Ocean Clerk shall find:
(1)Â
The applicant is under the age of 18;
(2)Â
The location requested is not in a permanent structure;
(3)Â
The applicant, its partners, officers or listed shareholders have
been convicted of or have pleaded guilty to any offense related to
theft, burglary, or purchasing or receiving stolen items under the
laws of this state, Township of Ocean or any other jurisdiction within
the past 10 years, or have forfeited a bond to appear in court to
answer for charges for such offenses during said time;
(4)Â
That the location requested and structure to be used would not comply
with all applicable laws, including the Zoning Code of the Township
of Ocean.
(5)Â
That the applicant, its partners, officers or listed shareholders
have held a license or had an interest in a license issued by the
Township of Ocean or any other jurisdiction regulating the purchase
or sale of secondhand property which was revoked for cause; or
(6)Â
That the applicant, its partners, officers or listed shareholders
have knowingly furnished false or misleading information or withheld
relevant information on any application for a license required by
this chapter or any investigation into any application.
E.Â
Posting. Every license issued under the provisions of this chapter
shall, at all times during the period for which it is effective, be
posted in a conspicuous place at or near the principal entrance to
the premises for which the license is issued.
F.Â
Revocation. Any license issued for a secondhand dealer may be revoked
or suspended for a period not to exceed 30 days by the Mayor and Committee
if they shall find after hearing:
(1)Â
That the licensee, its officers, agents or employees have violated
any of the provisions of this chapter, the laws of the state or ordinances
of the Township of Ocean in the operation of the business; or
(2)Â
That the licensee, its partners, officers or shareholders have been
convicted of any offense set forth in this chapter; or
(3)Â
That the licensee, partners, officers or shareholders have knowingly
furnished false or misleading information or withheld relevant information
on any application for a license required by this chapter or any investigation
into any application. The licensee shall be responsible for the acts
of its agents, servants and employees in the operation of the business.
Prior to holding a hearing concerning the question of whether a license
shall be, revoked or suspended, the Mayor shall give at least 10 days
written notice to the licensee setting forth the alleged violation.
The licensee may present evidence and cross-examine witnesses at such
hearing.
G.Â
False or misleading application. In addition to being subject to
penalty as hereinafter set forth, any person who obtains a license
as herein provided by furnishing the Township of Ocean with a false
or misleading application shall, upon the discovery thereof, suffer
an immediate revocation of such license and forfeiture of all fees
paid.
H.Â
Transfer. No license issued under this chapter may be transferred
to any other person, partnership, corporation or association.
I.Â
Change of location. No licensee shall carry on any business required
to be licensed under this chapter except at the location designated
on the license. Should the licensee wish to change the location, application
shall be made to the Township of Ocean Clerk for such change in writing.
A.Â
Hours of operation. No licensee shall purchase any goods, wares,
articles or things, whatsoever, or lend any money to any person between
the hours of 11:00 p.m. (2300) and 7:00 a.m. (0700) the next day.
B.Â
Prohibited purchases. No licensee shall purchase or accept any goods,
wares, articles, or things under any of the following circumstances:
(1)Â
Where the seller is less than the age of 18;
(2)Â
A pawnbroker may not accept a pledge from any person who is under
the age of 16. [N.J.S.A. 45:22-31]
(3)Â
Where the seller is intoxicated. "Intoxicated" is defined as a seller
whose mental or physical functioning is substantially impaired as
a result of the use of alcohol or drugs.
(4)Â
Where the seller fails to present a valid New Jersey driver's
license or at least two forms of identification, of which at least
one contains the seller's full legal name, date of birth, a photograph
or full physical description, and an identification number.
(5)Â
Where the article to be purchased had an original manufacturer's
serial number at the time it was new but no longer legibly exhibits
said number.
C.Â
Purchasing, selling, or displaying weapons prohibited. No licensee
shall deal in, buy or sell, or display in his shop any pistol, revolver,
derringer, Bowie knife, dirk or other deadly weapon of like character,
capable of being secreted upon the person, unless such licensee shall
also possess valid and current licenses or permits as required by
applicable federal, state, or local laws, ordinances, rules or regulations.
D.Â
Pawnbrokers' and secondhand dealers' responsibilities and
requirements. Each pawnbroker or secondhand dealer within the Township
of Ocean shall, upon the purchase of any precious metals, or secondhand
goods from the public, be required to do as follows:
(1)Â
Each pawnbroker or secondhand dealer shall operate and maintain a
computer system with internet access and photographic or video capability
sufficient for the electronic reporting requirements of this chapter.
Any failure or malfunction of such equipment on the part of the licensee
shall not exempt the licensee from the below reporting requirements.
The licensee shall immediately notify the Police Department of any
such failure or malfunction and shall have such resolved as soon as
practicable. Failure by the licensee to resolve any failure or malfunction
of equipment in a reasonable amount of time will lead to license revocation.
(2)Â
Record on a numbered receipt the name, address and telephone number
of the purchaser; the name, address and telephone number of the seller
or sellers; the time and date of the transaction; the net weight in
terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the
precious metals; and fineness in terms of karats for gold, and sterling
or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and
N.J.S.A. 51:6-1 et seq. This information is to be documented through
the use of an electronic database software system as designated by
the Chief of Police. These records shall be subject to the inspection
of any authorized police officer of the Township of Ocean.
(3)Â
Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, enter all transactions into the electronic database within 48 hours from the date of purchase. The information contained in Subsection B above, plus the following:
(a)Â
A physical description of the seller.
(b)Â
The receipt number.
(c)Â
A full description of the item or items purchased, including
but not limited to marks, numbers, dates, sizes, shapes, initials
and monograms.
(d)Â
The price paid for the item.
(e)Â
The form must be signed by the seller and initialed by the clerk
who made the transaction.
(4)Â
The precious metals are to be made available for inspection by the
Chief of Police of Ocean Township or his designated representative
for a period of 10 days from the date the information required above
is received by the Chief of Police or his designated representative
on the approved form. The precious metals shall remain in the same
condition as when purchased and shall not be changed, modified, melted
or disposed of by the purchaser until the ten-day period has expired.
During this ten-day period, the precious metals shall be placed in
public view at the purchaser's place of business. If the property
is such that it would create a hardship on the pawnbroker by holding
the precious metals for such period, the pawnbroker may present the
property to the Chief of Police or his representative in order that
it may be photographed and, if deemed necessary by the Chief of Police
or his designated representative, an investigation be implemented.
The Chief of Police or his designated representative has the authority
to grant the pawnbroker a waiver of the requirement under this section.
(5)Â
In addition to the information required to be reported above, each
pawnbroker or secondhand dealer doing business in the Township of
Ocean shall obtain a photographic image of a photo ID card of the
seller, sufficiently clear to allow the information on the ID to be
read. The photo ID must be a currently valid (not expired) card issued
by a government entity of the United States and must include the pawn/seller's
first and last name, current address, date of birth and physical descriptors.
In the event the card is valid but does not contain the seller's
current address, the licensee must separately record and report the
current address.
(6)Â
Any property exchanged in a transaction shall be digitally photographed
and reported as required by the Chief of Police, unless such property
bears a valid and unique serial number that is permanently inscribed
on the property. It is unlawful to do business with persons failing
to supply required information.
(7)Â
It is unlawful to receive or purchase in any manner any goods or
articles or make any advance or loan whatever on the same if the person
or persons pawning, pledging, depositing or selling the same shall
refuse to make known his, her, or their names, to submit to a general
description, or shall refuse to make known the name or names of the
person or persons for whom the same were pawned, pledged, deposited
or sold, or knowingly make any false entry of any matter or thing
required to be made in said book or cause or permit the same to be
made.
(8)Â
Dealer payment to sellers in cash shall be limited to two transactions
during a seven-day period for the same seller. The seven-day period
will commence on the day of the first transaction and end seven days
after the transaction, i.e., if transaction No. 1 occurs on Monday,
the seven-day period ends on Sunday. Furthermore, no cash payments
shall be made to the same sellers who make more than five transactions
in any given thirty-day period. Sellers making transactions over the
number of proscribed weekly and monthly periods will be paid by the
dealer by means of a bank check drawn from the dealer's business
account.
(9)Â
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 Ocean Township Police Department to examine
any database, book, ledger, or any other record on the premises relating
to the purchase of precious metals from the public, as well as the
articles purchased or received, and to take possession of any article
known by the police officer or official to be missing or to have been
stolen, or where the officer or official has probable cause to believe
the article is missing or stolen.
E.Â
Nonapplicability. This chapter shall not apply to purchases made
by jewelers or other pawn brokers from wholesalers or other suppliers
but shall only apply to those purchases made from the public or other
retail purchases. The pawnbroker shall keep records of all wholesale
purchases for a period of six months from the date of such purchase,
which records shall be opened to investigation by the Ocean Township
Police Department.
F.Â
Inspection of premises; seizures. Every licensee and every person
employed by the licensee in the conduct of business shall admit to
any and every part of the premises designated in the license, during
normal business hours, any law enforcement officer to examine any
goods, articles, things, pledges, pawns, or books or other records
on the premises dealing with purchase or sale of used property and
to search for and to take into possession without compensation to
the licensee any article known or for which such officer has reasonable
grounds to believe to have been stolen. Such law enforcement officer
may make any such search or seizure as is provided for in this section
and property so seized shall be receipted for by such officer, who
shall fully describe the seized property and sign the receipt. Should
the officer determine the property not to be stolen, the officer shall
promptly return same to the licensee and obtain a receipt therefor,
as aforesaid. In the case of property obtained in the case of a domestic
theft, the victim shall make restitution for the amount paid to obtain
said property. Other restitution will be made by way of criminal complaints
against the seller of said items.
A.Â
Secondhand watches to be clearly marked. Any person or business entity
engaged in the business of buying or selling watches, or any agent
or servant thereof, who may sell or exchange, or offer for sale or
exchange, expose for sale or exchange, possess with the intent to
sell or exchange, or display with the intent to sell or exchange any
secondhand watch shall affix and keep affixed to the same a tag with
the words "second-hand" clearly and legibly written or printed thereon,
and the said tag shall be so placed that the words "secondhand" shall
be in plain sight at all times.
B.Â
Special invoice for secondhand watches.
(1)Â
Any person or business entity engaged in the business of buying or
selling watches, or any agent or servant thereof, who may sell a secondhand
watch or in any other way pass title thereto shall deliver to the
vendee a written invoice bearing the words "secondhand watch" in bold
letters, larger than any of the other written matter upon said invoice,
which invoice shall also set forth the following:
(a)Â
The name and address of the vendor;
(b)Â
The name and address of the vendee;
(c)Â
The date of the sale;
(d)Â
The name of the watch or its makers;
(e)Â
The serial numbers, if any; and
(f)Â
Any other distinguishing numbers or identification marks upon
its case and movement; or, if the serial numbers or other distinguishing
numbers or identification marks shall have been erased, defaced, removed,
altered or covered, the invoice shall so state.
(2)Â
The vendor shall keep on file a duplicate of said invoice for at
least five years from the date of the sale thereof, which shall be
open to inspection during all business hours by the Ocean County Prosecutor
or his duly authorized representative.
C.Â
Advertising secondhand watches. Any pawnbroker, secondhand dealer
or other person or business entity or any agent thereof who may advertise
or display in any manner a secondhand watch for sale or exchange shall
state clearly in such advertisement or display that said watch is
a secondhand watch.
Violation of any provision of this chapter shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $1,000,
or by imprisonment for a term not exceeding 90 days, or by a period
of community service not exceeding 90 days. Each and every violation
shall be considered a separate violation. Every day that a violation
continues shall be a separate violation. Each violation shall result
in an additional ten-day suspension. Any person who is convicted of
violating the provisions of this chapter 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 fee as a repeat offender.
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 chapter. For a third or subsequent violation under this chapter,
the mercantile license of said business may be revoked upon notification
by Mayor and Committee.
