[HISTORY: Adopted by the City Council of
the City of East Orange 2-9-1981 by Ord. No. 6-1981.[1] Amendments noted where applicable.]
No person shall engage in the business of the
purchase of precious metals and gems and all forms of previously owned
jewelry without first obtaining a license issued by the Department
of Licensing and Inspections.
A.
Upon receipt of an application completed pursuant to Chapter 170 of this Code, the Director of Inspection and Licensing shall refer such application to the Chief of Police, who shall institute such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public welfare.
B.
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 Director of Inspection and
Licensing, accompanied by a recommendation 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, inter alia, information regarding the applicant's moral character,
demonstrated business responsibility for or conviction of any crime
involving dishonesty, fraud, deceit or misrepresentation. Upon receipt
of the recommendation of the Chief of Police, the Director of Inspection
and Licensing shall issue or deny the license accordingly.
C.
Any person aggrieved by a denial of the license application
may appeal to the Mayor, who may confirm or reverse the denial based
upon his independent review of the administrative record and recommendations.
All licensees shall require each person offering
an item for sale to produce identification and to sign a receipt for
said item.
Each licensee shall maintain records for each sale which contain a description of the item purchased, any identifying numbers and a copy of a signed receipt pursuant to § 206-3 of this chapter. These records shall be available for inspection by the East Orange Police Department within 24 hours of the purchase and shall be maintained for a period of one year from the date of the transaction.
Each licensee shall deliver a bond to the Director
of Inspection and Licensing, executed by the applicant as principal,
with a surety company authorized to do business under the laws of
the State of New Jersey as surety. The bond, to be approved by the
Corporation Counsel, shall be in the penal sum of $10,000, conditioned
for the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the City of East Orange in force
or which may be adopted respecting the conduct of this business, and
conditioned further that the bond shall be and remain for the benefit
of any person or persons who shall have received judgment against
any person licensed under this chapter by reason of any damage sustained
by any such person as a subsequent purchaser of items previously sold
to the licensee by any third party having made a sale to such licensee,
due to dishonesty, fraud or deceit practiced in effecting purchase.
The fee for an initial application and for each annual renewal fee shall be as set forth in Chapter 170, Licenses and Fees. If on the effective date of this chapter a person, partnership or corporation has been in business pursuant to § 206-1 of this chapter for a period not less than five years, the fee for initial application shall be $25 and investigation pursuant to § 206-2 of this chapter may be waived by the Director of Inspection and Licensing.
Violators of any of the provisions of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than $2,000, imprisonment for not more than 90 days and/or 90 days
of community service.
