[HISTORY: Adopted by the City Council of the City of Hackensack 5-21-2012 by Ord. No. 10-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 107.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes but is not limited to those businesses which transact
in previously owned jewelry, coins, medallions, and other collectibles
containing silver, gold, platinum, jewels, or other precious stones
and metals.
A.
Dealer in secondhand jewelry or old gold license. No person shall
use, exercise, or carry on the business or trade of a keeper of secondhand
jewelry store or dealer in old gold without being licensed for that
purpose by the Chief of Police, subject to approval by the City Manager,
or shall carry on such business at any place other than the one designated
in such license or shall continue to carry on such business after
such license has expired or has been removed.
B.
Application. The application for a secondhand jewelry dealer's license shall be prepared by the Police Department and approved by the City Manager. Each application for a secondhand jewelry dealer's license shall contain the information specified in § 107-6B and C of Chapter 107 of the Code of the City of Hackensack and shall require fingerprinting of the applicant. Every license which shall be granted to any keeper of a secondhand jewelry store or dealer in old gold shall designate the place in which the person receiving such license shall be authorized to carry on such business. The applicant shall be investigated as to his character and reputation, and if said applicant is denied a license, he will forfeit the fee for the application. The fee for each application for a secondhand jewelry or old gold license or for the renewal of each license shall be $150 per year. Each license shall expire at the end of one year from the date of its approval.
C.
Change of address. In case any person so licensed as aforesaid shall
remove his shop or place of business from the place designated in
the license, he shall immediately thereupon give notice to said Chief
of Police, and the number of his shop or place of business shall thereupon
be changed on the motor vehicle used by such licensed person and made
to correspond with such change of address.
A.
Possession of lost or stolen articles; reporting. If any goods, articles
or things shall be advertised in any daily newspaper printed and published
in the City of Hackensack as having been lost or stolen and if the
goods, articles or things so advertised, or any part or portion thereof,
shall be or thereafter come into the possession of any keeper of a
secondhand jewelry or old gold store, he shall forthwith give information
thereof in writing at the office of the Chief of Police and shall
also state from whom the same was received. Every person operating
or conducting a secondhand jewelry or old gold store who shall receive
or be in possession of any goods, articles or things which may have
been lost or stolen, or alleged or supposed to have been lost or stolen,
shall forthwith, on a demand to view the same, exhibit the same to
the City Manager, Chief of Police or any Municipal Judge or any judge
at any criminal court or any policeman who may be authorized by any
of the above-mentioned officers or magistrates to make such a demand.
B.
Records required. Every dealer in secondhand jewelry or old gold
shall provide and keep a book in which shall be clearly written at
the time of each purchase a description of the article so purchased,
the name and residence of the person from whom such purchase was made
and the day and hour of such purchase.
C.
Daily submission of records. Every dealer in secondhand jewelry or
old gold doing business in the City of Hackensack shall deliver to
the Chief of Police of said City, every day before 11:00 a.m., a legible
and correct transcript of the records of his transactions of the previous
day. Said transcript shall be on forms prescribed by the Chief of
Police.
No person engaged in the business of retailing, wholesaling,
or selling jewelry who purchases any article of used or secondhand
jewelry shall sell or offer to sell that used or secondhand jewelry,
unless that person:
A.
Maintains, for five years a record of the name, address, and telephone
number of the person from whom it was purchased and:
(1)
A descriptive list of any used jewelry purchased from that seller,
including any identifying characteristics of that jewelry; or
(2)
Photographs of any used jewelry purchased from that seller placed
next to that seller's photograph-bearing, valid state- or federally
issued driver's license or other government-issued form of identification.
B.
Verifies the identity of the person selling the jewelry by requesting
and examining a photograph-bearing, valid state- or federally issued
driver's license or other government-issued form of identification
bearing a photograph.
C.
Delivers on a weekly basis by e-mail or mail a copy of the record
of all used jewelry purchased by that person during the preceding
week to the police department having jurisdiction in the location
of that person's place of business; and
Any individual who purchases used or secondhand jewelry from
another individual with the intent of selling that jewelry to a person
engaged in the business of retailing, wholesaling, or smelting jewelry
shall:
A.
The City Manager may refuse to issue or renew or may revoke or suspend
any license issued hereunder if the applicant or licensee or his agent
or employee fails to qualify or violates any provisions of this chapter.
B.
No license issued hereunder shall be revoked or suspended unless
the City Manager shall hold a hearing concerning such revocation or
suspension, which hearing may be held upon five days' notice
to the applicant.
C.
At the hearing before the City Manager as provided under § 102-6B:
(1)
The applicant may be present in person or represented by counsel.
(2)
The testimony of the hearing shall be recorded and transcribed.
(3)
Upon being satisfied that the applicant or licensee is guilty of
the violations charged, the City Manager may suspend or revoke the
license granted, and in the case of such suspension or revocation
of such license, the applicant or licensee shall not be entitled to
the return of any portion of the license fee paid to the City.
(4)
An applicant or licensee may appeal to the City Council from an adverse
decision of the City Manager. The applicant or licensee appearing
shall pay for and serve upon the City Clerk seven copies of the transcribed
record of the hearing before the City Manager and shall submit seven
copies of a memorandum of his grounds of appeal.
No person operating a store which deals in secondhand jewelry
or old gold shall receive or purchase any goods, articles or things
whatsoever from any minor under 18 years of age without written authorization
of such person's parents or legal guardian, nor from any apprentice
or servant without written authorization of such person's employer.
No person operating a store which deals in secondhand jewelry
or gold shall sell, melt, change the form of or dispose of any article
bought or received by him within 15 days after said article is reported.
A.
Any person violating any provisions of this chapter shall, upon conviction
in the Magistrate's Court of the City of Hackensack, be punished
for each offense by a fine not to exceed $500 or by imprisonment for
any term not exceeding 90 days in the county jail or in any place
provided by the City for the retention of prisoners, or both.
B.
Any corporation violating any provisions of this chapter shall, upon
conviction thereof, pay a fine of not more than $500, which may be
recovered in an action of debt.
C.
Any person who aids, assists or abets in the violation of any of
the provisions of this chapter shall be subject to the penalties herein
provided for.
The conviction of a licensee for a violation hereunder shall
not prevent the City from taking action to suspend or revoke the license
of the person so convicted as herein provided.
A.
Should any section or provision of this chapter be invalid in any
proceedings, the same shall not affect any other section or provision
of this chapter except insofar as the section or provision so held
invalid shall be inseparable from the remainder of any such section
or provision.
B.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
C.
This chapter shall take effect after final passage and publication
in accordance with law.
