[HISTORY: Adopted by the Township Committee of the Township
of Middle 6-2-2014 by Ord. No. 1474-14. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm or corporation, who, within the Township,
purchases, trades, handles or deals in any secondhand or used watches,
jewelry, cutlery, gold, or other precious metals, wrought gold or
other wrought precious metals, or any secondhand or used article whatsoever
composed or manufactured in whole or in part of gold or other precious
metals.
A.
It shall be unlawful for any person, firm or corporation to engage
in the business of secondhand merchant or secondhand dealer of precious
metals, as defined in this chapter, without first obtaining a license
therefor, as hereinafter provided. A separate license shall be required
for each location, place or premises used for the conduct of the business
of secondhand merchants and secondhand dealers of precious metals.
B.
Each application shall be referred to the Chief of Police or his
designee, who shall institute whatever investigation of the applicant's
business responsibility and criminal history, in the case of owner,
and of criminal history only, in the case of a salesman, as is considered
necessary for the protection of the public. No license shall be issued
to any person who has been convicted of any crime, or a disorderly
person offense involving theft. The findings of the Chief of Police
or his designee shall be communicated in writing, together with any
recommendations which he may have, to the Township Committee within
a reasonable time after the application has been filed. The Township
Committee shall consider the application at a regular meeting after
receiving a report of the investigation. If, based upon the information
contained in the application and the report, there is no adverse showing
with respect to the applicant's business responsibility, and
criminal history, services or activity are free from fraud, in the
case of an owner, or there is no indication that the applicant's
criminal history is unsatisfactory, in the case of a salesman, the
Township Committee may approve the application and the Township Clerk
shall then issue the license, provided that the required license fees
and bond fees have been paid, and further provided that there are
authorized, but unissued, licenses available.
A.
Any person, firm or corporation desiring a license to conduct the
business of secondhand merchant or secondhand dealer of precious metals,
as defined in this chapter, shall make a written application for a
license, which shall contain the full name and address of the applicant
and all employees and, if the applicant is a corporation, the full
name and address of all its officers and directors.
B.
The number of licenses issued under this chapter to businesses dealing
in precious metals shall be limited to a maximum of 10, which number
is deemed sufficient to meet the public need and prevent the creation
of a nuisance to the public. No licensee shall retain custody of any
license created hereunder unless he owns and is prepared to operate
a business as described herein.
The license fee to be paid to the Township by any secondhand
merchant or secondhand dealer of precious metals shall be $500. The
license shall be valid from January 1 to December 31, renewable annually.
A.
Any license issued under the provisions of this chapter shall designate
the place in which the secondhand merchant or secondhand dealer shall
carry on such business; and such business shall not be carried on
or conducted in any other place than that designated in or by such
license. No secondhand merchant or secondhand dealer of precious metals
shall be permitted to solicit business upon any street or public highway
of the Township.
B.
No person, firm, or corporation shall conduct a house-to-house canvass
for the purchase or sale of secondhand or used watches, jewelry, cutlery,
gold, or other precious metals, wrought gold or other wrought precious
metals, or any other secondhand or used article whatsoever composed
or manufactured in whole or in part of gold or other precious metals,
within the Township.
A.
Every secondhand merchant and secondhand dealer shall keep a tightly
bound book, not loose-leaf, with pages numbered in sequence in which
there shall be made at the time of the transaction a record, in English,
of every article received, purchased, sold or exchanged by him, setting
forth the following: the name, age, sex, residence and a picture with
the general description of the individual with whom the transaction
is had, the price or consideration paid or received at the time of
the transaction and a picture with the description of every article
received, sold or exchanged, giving the manufacturer's name or
other marks of identification appearing on the same. Every secondhand
dealer shall deliver or mail by United States Mail, first class, postage
prepaid, to the Chief of Police of the Township of Middle, a legible
and accurate exact copy of the aforementioned record of purchases,
sales and exchanges before any subsequent transaction or changing
of the composition or character of the item(s) received by the secondhand
dealer.
B.
It will be at the discretion of the Chief of Police of the Township
of Middle to switch the method of delivery of such notifications to
electronic via Internet or electronic mail if said system is established
by the Middle Township Police Department. Any costs associated with
this method will be the responsibility of the dealer.
A.
This book, and all goods, articles, or things purchased, received
or kept for sale or exchange by every secondhand merchant and secondhand
dealer of precious metals shall be subject to inspection of the Chief
of Police of the Township or such persons as may be designated by
the Chief of Police.
B.
Any secondhand merchant or secondhand dealer of precious metals not
at a permanent place of business in the Township shall, at the conclusion
of the last day of business in the Township, turn over to the Police
Department the book containing the recordation of all purchases, sales
and exchanges mentioned in this code.
C.
Any secondhand merchant or secondhand dealer of precious metals with
a permanent place of business in the Township shall keep said book
mentioned in this code for a minimum of one year from the date of
the latest transaction recorded in said book.
Every secondhand merchant and secondhand dealer of precious
metals must keep, without concealment, for a period of 10 days, subject
to inspection by any police officer, all goods, wares and merchandise
purchased or received from any person before selling, shipping or
otherwise disposing of the same. This provision shall be followed
in addition to the section above, requiring reports and records.
No secondhand dealer of precious metals shall make use of any
property, private or public, not included within the licensed premises,
or bank vault, within the Township, leased to the secondhand dealer
for the storage, handling or display of any secondhand article.
No secondhand dealer of precious metals shall take apart or melt up any watch, watch case or article composed or manufactured, in whole or in part, of gold, silver or platinum or other precious metal until he shall have made a record of his intention to do so, along with all other data required to be recorded in the book mentioned in the section above, and unless and until he shall have kept such article in his licensed place of business or bank vault in the Township, leased to the secondhand dealer, for inspection for a period of not less than 10 days after the report provided for under § 202-6 above has been made, unless the article proposed to be taken apart, melted up, wrecked or remodeled has been sooner inspected by the Chief of Police or his deputy or received clearance for such melting, wrecking or remodeling.
Every secondhand dealer of precious metals shall maintain and
display his license at all times during the period of his license
in a conspicuous place or in the licensed premises.
Every secondhand dealer of precious metals shall, at the time
of receiving such license, execute a bond to the Township of Middle
in the penal sum of $10,000 with good and sufficient surety or sureties
to be approved by the Township Solicitor conditioned upon the licensee
faithfully observing and complying with the provisions of this chapter
at all times during the continuance of such license and conditioned
further upon a promise to indemnify, keep and hold the Township of
Middle harmless against all liabilities, judgments, costs, damages
and expenses which may in any way come against the Township in consequence
of the issuance of said license or by any act or thing done or neglected
to be done by said licensee under and by virtue of the authority granted
in said license or for the failure or neglect of such licensee to
observe and comply with the ordinances of the Township relating to
the business licensed.
No secondhand dealer of precious metals shall purchase any secondhand
article whatsoever from any minor or minors without written parent
or guardian consent.
The provisions of this chapter shall not apply to secondhand
material purchased from any regular motor vehicle dealer, public utility
corporation, governmental agency, regularly licensed junk dealer,
industrial plant or licensed electrical or plumbing contractor, to
purchases at judicial sales or to items left for repair.
In addition to being subject to the penalties provided in this
chapter, any license issued under this chapter may be revoked or suspended
as outlined, as deemed necessary by the Chief of Police.
For the violation of any provision of this chapter, the maximum
penalty, upon conviction of the violation, shall be a fine not exceeding
$500 or imprisonment in the county jail for a period not exceeding
90 days, or both. In addition thereto, upon such conviction, the person,
firm or corporation violating any of the provisions of this chapter
shall be subject to suspension or revocation of the license issued.
