No person or business entity shall engage in the business of or operate a business as a secondhand dealer without first obtaining from the Township of Winslow a license, in accordance with the provisions of Chapter 171 of the Code of the Township of Winslow, authorizing such business or operation. In addition to the license required by this section, any business which also qualifies as a "pawnbroker" under the Pawnbroking Law must obtain a license from the township pursuant to Article IV of this chapter and a pawnbroking license from the New Jersey Department of Banking and Insurance in accordance with the Pawnbroking Law.
A.
Application. Any person or business entity wishing to engage in the business of or to operate a business as a secondhand dealer shall apply, in writing, to the Township Clerk for the license required by this section, which application shall be on a form provided by the Township Clerk in accordance with this chapter and the requirements of Chapter 171 of the Code of the Township of Winslow. Notwithstanding the foregoing, every application for a license to operate or do business as a secondhand dealer shall include, in addition to any other information required by Chapter 171, the following:
(1)
The name of the person, persons, business entity or business entities
applying for the license (the "applicant");
(2)
The current residential address, telephone number, cellular telephone
number, date of birth, driver's license number and social security
number or federal tax identification number of the individual applicant,
or if the applicant is a business entity, the current residential
address, telephone number, cellular telephone number, date of birth,
driver's license number and social security number or federal tax
identification number of all individual officers, directors, members,
shareholders or owners of such business entity which hold more than
a ten percent (10%) ownership interest in the business entity;
(3)
The location for which the license is requested, including, but not
limited to the street number and street name of the proposed location;
(4)
Whether the applicant or any of the applicant's officers, directors,
members, shareholders or owners 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;
(5)
Whether the applicant or any of the applicant's officers, directors,
members, shareholders or owners have held a license or had an interest
in a license issued by this or any other jurisdiction regulating the
purchase and sale of secondhand goods which license was revoked and,
if so, list the date of revocation and the jurisdiction;
(6)
In the case of a pawnbroker, a copy of the pawnbroking license issued
by the Department of Banking and Insurance in accordance with the
Pawnbroking Law;
(8)
An application fee in the amount of one hundred dollars ($100.).
B.
Investigation of application by Police Department. Upon receipt of an application for a license in accordance with this Article, the Township Clerk shall cause a copy thereof to be sent to the Police Department, which shall report back to the Township Clerk within twenty-one (21) days whether the applicant(s) is/are in compliance with the requirements of § 192-6C and, in the case of a pawnbroker, whether the applicant's pawnbroking license issued by the Department of Banking and Insurance is in good standing or has been revoked.
C.
Issuance of license. Upon receipt of a favorable report from the
Police Department as required by this Article, the Township Clerk
shall issue a license to the applicant unless the Township Clerk finds:
(2)
The applicant, including any person described in § 192-6A(2), has been convicted of or has pleaded guilty to any offense related to theft, burglary, or purchasing or receiving stolen items under the laws of this state, the Township or any other jurisdiction within the last ten (10) years, or have forfeited a bond to appear in court to answer for charges for such offenses during said time; or
(3)
The applicant, including any person described in § 192-6A(2), has been convicted of an offense involving breach of trust, moral turpitude or fraudulent or dishonest dealing, or has had a final judgment entered against him in a civil action upon grounds of fraud, misrepresentation or deceit; or
(4)
The applicant, including any person described in § 192-6A(2), has held a license or had an interest in a license regulating the purchase or sale of secondhand property which was issued by the township or any other jurisdiction and which was revoked for cause; or
(5)
The location for which the license was requested is not a permanent
structure; or
(6)
The location for which the license was requested and/or the structure
to be used to operate the applicant's business as a secondhand dealer
would not comply with applicable laws, including the Zoning Code of
the Township of Winslow; or
(7)
The applicant, including any person described in § 192-6(A)(2),
has knowingly furnished false or misleading information or withheld
relevant information on any application for a license required by
this chapter or with respect to any investigation of an application
authorized by this chapter.
D.
Contents of license. All licenses issued by the Township Clerk in accordance with this Article shall be on a form provided by the Township Clerk in accordance with this chapter and the requirements of Chapter 171 of the Code of the Township of Winslow. Notwithstanding the foregoing, every license issued pursuant to this chapter shall include, in addition to any other information required by Chapter 171, the following information:
(1)
The license number assigned to the license by the Township Clerk;
(2)
The name of the person or business entity to whom the license was
issued;
(3)
The location where the person or business entity is licensed to conduct
business as a secondhand dealer, including the street name and street
number thereof;
(4)
The hours of operation during which the licensee is permitted to
conduct business as a secondhand dealer on the licensed premises pursuant
to the license; and
(5)
The license number, if any, of the license issued by the New Jersey
Department of Banking and Insurance to any secondhand dealer who also
qualifies as or constitutes a "pawnbroker" under the Pawnbroking Law.
Every license issued in accordance with this Article shall be
valid from January 1 to December 1 of each year and shall be renewable
on an annual basis. Any license issued after January 1 shall expire
on December 31 of the year in which it was issued. The fee for each
annual license renewal shall be one hundred twenty-five dollars ($125.).
The fee for each annual renewal shall be paid no later than December
1 prior to or before the year for which the renewal is sought.
Every license issued in accordance with the provisions of this
Article shall, at all times during the period for which it is effective,
be posted in a conspicuous place at or near the principal entrances
to the premises for which the license was issued.
A license issued in accordance with this Article may be revoked
or suspended as follows:
A.
The governing body may revoke or suspend, for a period not to exceed
thirty (30) days, any license issued to a secondhand dealer in accordance
with this Article if the governing body finds:
(1)
The person or business entity to whom the license was issued, including any person described in § 192-6A(2), violated any of the provisions of this chapter, the laws of the State of New Jersey, or the Code of the Township of Winslow in the operation of the business for which the license was issued;
(4)
The person or business entity to whom the license was issued has
become insolvent or has acted in a way that indicates the licensee's
business is not being operated in a financially responsible manner;
(5)
The person or business entity to whom the license was issued has
demonstrated unworthiness, incompetence, and faith or dishonesty in
transacting business or otherwise; or
(6)
The person or business entity to whom the license was issued has
engaged in any other conduct which would be deemed by the governing
body to be grounds to deny, revoke or suspend a license.
B.
Notwithstanding the foregoing, and without limiting the effect thereof, any person or business entity to whom a license was issued, including any person described in § 192-6A(2), who is found to have obtained a license in accordance with this Article by intentionally furnishing the township with false or misleading information on the license application shall, upon the discovery thereof, suffer an immediate revocation of such license and all fees paid by such person or business entity shall be deemed to be forfeited.
Prior to delivering any approved license to the person or business
entity identified in such license, the Township Clerk shall assign
a number to the license and shall record in a book kept solely for
the purpose stated herein the following information for each license;
the license number, name of the person or business entity to whom
the license was issued, the location for which the license was issued
and the date the license was issued. For any license that is revoked
or suspended in accordance with this chapter, the Township Clerk shall
record in the same book the date the license was revoked or suspended
and the date, if any, the license was reinstated. The book maintained
by the Township Clerk for this purpose shall be labeled "Licenses — Secondhand
Dealers" and shall be made available during normal business hours
for inspection by the Police Department of the Township of Winslow,
the Camden County Prosecutor, the Commissioner of the Department of
Banking and Insurance, any other governmental agency with jurisdiction,
and/or the appointed or designated representative or representatives
of each.
The following are exempt from the requirements of this Article:
A.
Garage sales;
B.
Sales conducted by governmental, civic, patriotic, fraternal, educational,
religious or benevolent organizations which have been in active and
continuous existence for at least one (1) year prior to the holding
of a sale or which are incorporated as a not-for-profit corporation
by the State of New Jersey;
C.
Sales or purchases which are regulated by other licensing laws of
the State of New Jersey, including automobile dealers, used parts
dealers and automotive parts recyclers; and
D.
Antique dealers and sales or purchases conducted by antique dealers.
No person or business entity issued a license in accordance with this Article shall conduct any business required to be licensed by this Article except at the location designated on the license. A licensee who desires to change the location at which such business is conducted shall file with the Township Clerk a written application for a change in location pursuant to and in accordance with § 192-22D of this chapter. Nothing herein shall be construed as a waiver of the requirement to obtain a zoning permit in accordance with § 192-14 of this chapter and pursuant to § 171-3 of the Code of the Township of Winslow, as proof that such business is permitted or allowed to be conducted in the zoning district in which the new location is situated.
A license issued in accordance with this Article is not transferable.
A licensee shall have no right to assign or transfer its license to
any other person or business entity. A person or business entity that
wishes to conduct the licensee's business in lieu of or in place of
the licensee, including any purchaser or assignee of the licensee's
business, must obtain a license in his/her/its own name in accordance
with the procedures established in this chapter.
In addition to the licensing requirement set forth in this Article, every secondhand dealer and pawnbroker that applies for a license in accordance with this chapter shall first obtain a zoning permit from the Winslow Township Zoning Official in the manner set forth in § 171-3 of the Code of the Township of Winslow, which zoning permit shall be evidence that the zoning district within which the proposed secondhand dealership or pawn shop is to be located allows or permits the proposed use. If the Township Committee denies an application for a license or amended license on the basis that the proposed secondhand dealership or pawn shop is not a permitted use in the zoning district in which said business is proposed to be located, the secondhand dealer or pawnbroker shall be required to obtain all required approvals from the Zoning Board of Adjustment and shall submit evidence of said approval with its license application instead of the zoning permit required by this section.
