Secondhand dealers — See Ch. 460.
§ 416-2License required.
§ 416-3License fees.
§ 416-4Term of license.
§ 416-5Applications for license.
§ 416-6Investigation of applicant; issuance
or denial of license.
§ 416-7Revocation of license; hearing.
§ 416-8Number of businesses limited per license.
§ 416-9Business to be conducted on covered premises
§ 416-10Record of transactions to be maintained.
§ 416-11Prohibited transactions.
§ 416-12Minimum retention of articles.
§ 416-13Violations and penalties.
The following definitions shall apply to terms used within this chapter unless the context requires otherwise:
- Any person, partnership, corporation or entity of whatsoever who, through any means, buys, transfers or obtains from consignment gold, silver, precious or semiprecious metals or gems or other metals, as defined in this chapter.
Any person, partnership, corporation or entity of whatsoever who, through any means, buys, sells, transfers or obtains from consignment gold, silver, precious or semiprecious metals or gems or other metals as defined in this chapter and includes anyone advertising the purchase or sale of any of the aforementioned items.
Any person or business entity which possesses a junkyard license, under separate ordinance, shall be exempted from this license.
- Any article or product with a gold content, without regard to the fineness thereof.
- Any person under the age of 18 years.
- OTHER METALS
- Any item made of aluminum, copper, magnesium or other ferrous metals.
- PRECIOUS OR SEMIPRECIOUS GEM
- Is not limited to those categories known as "diamonds," "rubies," "pearls" and "sapphires" and is commonly called a "jewel."
- Includes any exchange of gold, silver or any precious or semiprecious gem or other metals as defined in this chapter for anything of value. A payment need not be made by way of money in order to constitute purchase for the purposes of this chapter.
- REGULATED ACTIVITY
- The purchase or sale of silver and precious metals or gems and any metals which possess monetary economic value of any sum whether said items are passing lawfully in commerce, but especially any items which may have been unlawfully obtained.
- Any person, partnership or corporation who, through any means, sells, transfers or offers by consignment gold, silver, precious or semiprecious metals or gems or other metals, as defined in this chapter.
- Any article or product with a silver content, without regard to the fineness thereof.
- USED ITEM CONTAINING GOLD OR SILVER
- Any item containing gold or silver previously sold or transferred to a consumer for the personal use or enjoyment of such consumer.
No person shall engage in a regulated activity, as defined above, without having first obtained a license therefore from the Division of License and Inspections, which license shall bear a number issued by the Division of License and Inspections and shall be prominently displayed within the licensed premises. The requirement of a license shall apply to the business entity and to any individual employee who engages in a regulated activity on behalf of a business entity.
At the time of filing the application for a license, a license fee of $58 shall be paid for the initial license for the premises where the activity is to be conducted, together with a fee of $12 for each employee who is to be licensed. Thereafter, the annual renewal fee for the license and for each employee who is to be licensed shall be $58.
In the year 1995, only, the annual licensing fee shall be prorated, depending on the month in which it has been filed.
Each license shall be issued from January 1st to December 31st.
An application for a license shall be in writing on forms available from the Division of License and Inspections. The application forms and pertinent information required shall be developed by the City of Camden through the Department of Police and the application shall be amended from time to time as necessary in order to provide the necessary information required by the Department of Police to comply with the intent of this chapter.
Upon receipt of any application completed pursuant to this chapter, the Division of License and Inspections shall refer the application to the Police Chief, who shall institute such investigation of the applicant's moral character and business responsibility as he/she deems necessary for the protection of the public welfare. Upon completion of the investigation, which in no case shall take more than 30 days, the Police Chief shall return the application or a copy thereof to the Division of License and Inspections accompanied by his/her recommendation as to whether the license should be issued or denied. If the recommendation of the Police Chief is to deny the license, the grounds for the recommendation shall be stated. Any person aggrieved by such denial may file a written appeal to the City Council through the Municipal Clerk. The City Council may confirm or reverse the denial as deemed advisable.
Any license may be revoked for any violation of this chapter, in addition to any other penalty imposed for any violation. Upon any violation, the City Council may suspend a license upon written notice to the license holder. Upon receipt of the notice of suspension, the license holder may, within 10 days, request a hearing on the suspension before the City Council. The hearing shall be held within 30 days of the request at which hearing the license holder shall have the opportunity to be heard. At the conclusion of the hearing, the City Council shall either revoke the license or shall reinstate the license. In the event that the license holder shall not request a hearing, the license shall be automatically revoked upon the expiration of 10 days after the notice of suspension has been given to the license holder.
No person licensed as a dealer in the City of Camden shall, by virtue of one license, keep more than one place of business for receiving or taking goods.
No dealer shall, at any time, do business at any place other than the place for which the license was granted.
Every licensee shall issue to the seller and keep for his/her own records, for not less than one year, a serialized receipt for each purchase of precious metals or other metals, as defined, containing the following:
The name and address of the buyer.
The date of the transaction.
The names and specific description of the metals purchased.
The fineness of the precious metals purchased.
The weights of the precious metals purchased.
The prices paid for the precious metals at the standard measures of weight and fineness.
The name, address and signature of the seller.
The driver's license number of the seller and a photocopy of the driver's license, if available.
The buyer shall maintain the record of transactions in a ledger and make the ledger available for inspection by any police officer.
A licensee shall not accept or buy any gold, silver, precious or semiprecious gem from any person under the age of 18 years, unless such minor is accompanied by a parent or guardian and said parent or guardian gives specific written consent to the transaction and acknowledges the receipt required by the buyer to be given to the seller.
No dealers shall sell any article until the same has been in their possession at least 15 days.
Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-16A.