[HISTORY: Adopted by the City Council of
the City of Paterson 4-6-1981 by Ord. No. 81-017 (Ch. 9, Art. 19, of
the 1979 Revised General Ordinances of Paterson). Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, firm, partnership, corporation or other entity,
whether permanent or itinerant, who on one or more occasions (through
any means) buys or sells secondhand gold, silver, precious metals,
gems or jewelry, and includes anyone advertising the purchase or sale
of any of the aforementioned items.
Any business conducted intermittently within the City or
at varying locations.
Any person under the age of 18 years.
Any business conducted on a year-round basis and housed in
a single structure, such as a store or residence.
Includes Monday through Friday and excludes Saturday, Sunday
and legal holidays.
[Amended 9-1-1981 by Ord. No. 81-053]
Each dealer conducting business within the jurisdiction of the City shall obtain a license and shall first register with the Chief of Police, who shall fingerprint and institute an investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public welfare. Upon completion of the investigation, which in no case shall take more than 10 days, the Chief of Police shall return the application or a copy thereof to the Licensing Division, accompanied by his recommendations as to whether the license should be issued or denied. If the recommendation of the Chief of Police is to deny the license, the grounds for such recommendation shall be stated. Grounds for recommending denial of a license may include information indicating that the applicant has been convicted of any crime involving moral turpitude, dishonesty, fraud, deceit or misrepresentation. Upon receipt of the recommendation of the Chief of Police, the Licensing Division shall issue or deny the license accordingly. Appeals from the decision of the Chief of Police shall be made in accordance with § 399-3.
An appeal from the decision of the Chief of
Police to deny an application for a license shall be made, in writing,
to the Municipal Council within seven days of the receipt of a decision.
The appeal shall state the specific grounds for the appeal. The Municipal
Council shall hold a hearing within a reasonable time from the receipt
of the appeal. At the hearing, the applicant or permit holder may
be represented by counsel, may cross-examine witnesses and may present
evidence in his favor. The Municipal Council may affirm or reverse
the decision of the Chief of Police. The decision of the Municipal
Council shall be final.
Each dealer shall maintain a complete record
of each purchase and sale, including the amount paid, description
of the item, any identifying numbers, name, residence, age and description
of the person from whom the items were purchased, received or sold,
and each dealer shall require said person to sign a receipt for each
item. These records shall be subject to the inspection of any authorized
police officer of the City.
Each dealer doing business in the City shall
deliver to the Chief of Police the description of all items purchased,
received or sold within 48 hours of the completion of the transaction
on forms prescribed by the Chief of Police.
No dealer shall sell, melt or change the form
of or dispose of any articles purchased or received within 10 days
of the date of the purchase, and all such items shall remain on the
premises where the purchase was made and be made available to the
Chief of Police, upon request, for at least 10 days.
Each dealer must require identification of the
person with whom it is transacting business, and no transaction may
be made with any minor, as herein defined, and also with any individual
who is in an intoxicated state and/or is under the influence of intoxicating
liquor, narcotics, hallucinogenic or habit-producing drugs.
A.Â
Licenses issued under the provisions of this chapter
may be revoked by the Municipal Council after hearing on notice for
any of the following causes:
(1)Â
Fraud, misrepresentation or false statement contained
in the application for license.
(2)Â
Fraud, misrepresentation or false statement made in
the course of carrying on the business of purchasing secondhand precious
metals, gems and jewelry.
(3)Â
Any violation of this chapter.
(4)Â
Conviction of any crime or disorderly persons offense
involving moral turpitude, dishonesty, fraud, deceit or misrepresentation.
(5)Â
Conducting the business of soliciting or canvassing
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.Â
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of the complaint and the time and place of the hearing. Such notice
shall be mailed, postage prepaid, to the licensee at his last known
address at least five days prior to the date set for the hearing.
The provisions of this chapter shall not apply
to the following:
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $1,000, by imprisonment for a term not exceeding 90 days
or by a period of community service for not more than 90 days, or
any combination thereof, within the discretion of the Municipal Judge.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
