[HISTORY: Adopted by the City Council of the City of Pleasantville 12-15-2014 by Ord. No. 28-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers and collectors — See Ch. 151.
Peddling and soliciting — See Ch. 195.
Special sales — See Ch. 223.
[1]
Editor's Note: This ordinance also repealed former Ch.
31, Secondhand Dealers, adopted 9-7-1988 by Ord. No. 20-1988, as amended.
A.Â
The City Council hereby finds that there is a need to regulate and
control the buying and selling of gold, silver, and precious or semiprecious
gems in order to prevent the easy disposal of items which have been
unlawfully obtained as the result of crime, while protecting and recognizing
the legitimate businesses which are engaged in the buying and selling
of gold, silver and precious or semiprecious gems.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings ascribed herein.
Words used in the present tense shall include the future, words in
the plural number shall include the singular number and words in the
singular number shall include the plural number. The word "shall"
is always mandatory and not merely directory.
Acceptable forms of identification include: a current valid
New Jersey driver's license or identification card issued by
the New Jersey Motor Vehicle Commission, a current valid photo driver's
license issued by another U.S. state, other verifiable United States
government issued photo identification with address, or valid United
States passport and evidence of current address. All of the above
listed identification procedures require the dealer to capture/record
evidence of the person's current address.
Any article of merchandise, including any portion of such
article, whether a distinct part thereof or not, including every part
thereof whether separable or not, and also including material for
manufacture, and as so defined in N.J.S.A. 51:6-1, which may be amended
from time to time. If the definitions in this article and state statute
are or become different, this chapter shall use the more expansive
definition to ensure the goals of this chapter are fostered.
A computerized, Internet-capable database with hardware and
software compliant with standards set by the Chief of Police.
Any person, partnership, corporation, or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells, receives for pawn or otherwise exchanges or
trades any property as described in Appendix I of this chapter,[1] and includes anyone advertising the purchase, sale or
receipt for pawn of any of the aforementioned items.
The Chief of Police of the City of Pleasantville or his designee/representative.
A restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
Any business conducted intermittently within the City of
Pleasantville or at varying locations.
A bailment of personal property as security for any debt
or engagement redeemable upon certain terms and with the implied power
of sale or default.
Any individual natural person, partnership, joint venture,
business, society, associate, club, trustee, trust, corporation, or
unincorporated group, or an officer, agent, employee, servant, factor
or any form of personal representative of any thereof, in any capacity,
acting for self or on behalf of another.
Comprised of gold, silver, sterling, platinum and/or their
alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq.
and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and all forms
of jewelry herein contained.
Individuals and other retail sellers, not to include businesses
engaged primarily in wholesale transactions.
The exchange of money or other consideration for the pledge,
sale, conveyance or trade of any property described in Appendix I
of this chapter.[2]
Every transaction conducted by a dealer in which property
described in Appendix I of this chapter[3] is purchased, pawned or exchanged from or with the public,
as that term is defined in this section.
Any article previously sold, acquired, exchanged, conveyed,
traded or otherwise formerly owned, including but not limited to scrap
gold, old gold, silver, jewelry, home electronics/audio and visual
equipment, musical instruments, telephones and telephonic equipment,
scales, computers, computer hardware and software, typewriters, word
processors, scanners, sporting goods of all kinds, antiques, platinum,
all other precious metals, tools of all kinds, televisions, DVRs,
GPS, camcorders, car stereos, gift cards, furniture, clothing, other
valuable articles, or as listed in Appendix I.[4]
A dealer who has not been in any retail business continuously
for at least six months at that address in the municipality where
the dealer is required to register. The term "transient buyer" will
also include a dealer who intends to close out or discontinue all
retail business in the City of Pleasantville within six months; or
as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1. Vendors
doing business during a community event sponsored/sanctioned by the
City of Pleasantville shall not be considered a transient buyer.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
[2]
Editor's Note: Appendix I is included as an attachment to this chapter.
[3]
Editor's Note: Appendix I is included as an attachment to this chapter.
[4]
Editor's Note: Appendix I is included as an attachment to this chapter.
No person shall engage in a regulated activity, as defined above,
without having first obtained a license therefor from the City Clerk,
after the application for said license has been approved by the City
Council, which license shall bear a number issued by the City Clerk
and shall be prominently displayed within the licensed premises. A
separate dealer's license shall be required for each location,
place, or premises used for the conduct of such business and shall
also be licensed as described herein.
At the time of filing the application for a license, a license fee shall be paid for the initial license for the premises where the activity is to be conducted as set forth in Chapter 155, Licensing. Thereafter, the annual renewal fee for the license shall be as set forth in Chapter 155. The license fee is established to cover the cost of the Police Department's internal investigation and administrative processing of each application.
A.Â
A license issued under the provisions of this chapter shall not be
transferable and shall terminate on December 31 of the year in which
said license is issued, unless it is properly renewed pursuant to
the provisions of this chapter.
B.Â
On or about November 1 of each year, the Chief of Police shall make available a renewal application for each licensed dealer under this chapter. Upon submission of the renewal application, the license will be renewed unless the dealer has violated provisions of this chapter. In such case, the Chief of Police will notify the dealer, who may request a hearing as described in § 231-5.
Every dealer within the City of Pleasantville shall, upon purchasing,
receiving for pawn, or receiving for consignment, any property, as
described in Appendix I,[1] from the public, as this term is defined in § 231-2, shall be required to:
A.Â
Record using a unique transaction number the name, address and telephone
number of the seller or sellers; the time and date of the transaction;
the net weight in terms of pounds troy, pennyweight (troy) or kilograms/grams
of the precious metals; fineness in terms of karats for gold; and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et
seq., N.J.S.A. 51:6-1 et seq. and N.J.S.A. 51:6A-1 et seq., and any
property containing a serial number.
B.Â
Document, through use of an electronic database software system as designated by the Chief of Police, the information listed in § 231-7C(1) through (6). These records shall be subject to the inspection of any sworn law enforcement officer acting in the performance of their duties. The dealer shall be responsible for purchasing and maintaining the electronic database software chosen.
C.Â
Through the use of applicably required computer equipment, and using
the electronic format approved by the Chief of Police, enter all transactions
into the electronic database by close of business on the date that
the transaction occurred, including the following information:
[Amended 3-16-2014 by Ord. No. 4-2015]
(1)Â
The name, address, date of birth, telephone number, and governmental
identification number of the seller.
(2)Â
A full description of property sold or pawned by the seller, including
but not limited to, marks, numbers, dates, sizes, shapes, initials,
monograms and serial numbers, face value and identifying numbers of
gift cards.
(3)Â
The price paid for the property.
(4)Â
The entry must include the name of the licensee/employee who made
the transaction so as to readily identify that individual.
(5)Â
A color photograph or color image of the seller's presented
acceptable identification scanned into the transaction record.
(6)Â
A color photograph or color image of all property sold scanned into
the transaction record. When photographing or imaging, all property
must be positioned in a manner that makes it readily and easily identifiable.
D.Â
Any article purchased or powered by the dealer cannot be sold or
disposed of and shall be made available for inspection by any sworn
law enforcement officer in the performance of their duties for a period
of 10 days from the date the information required above is received
by the Chief of Police in the prescribed electronic format. The property
shall remain on premises in the same condition as when purchased and
shall not be changed, modified, melted or disposed of by the dealer
until the ten-day period has expired. If the property is such that
it would create a hardship on the dealer by holding the property for
such period, the dealer may present the property to the Chief of Police
or his designee in order that it may be photographed and, if deemed
necessary by the Chief of Police, an investigation be implemented.
The Chief of Police has the authority to grant the dealer a waiver
of the requirement under this section.
[Amended 3-16-2014 by Ord. No. 4-2015]
E.Â
In the event of a database failure or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police. In the event that paper forms are used, the dealer is responsible to enter all required transaction information described in § 231-7C (1) through (6) into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this chapter and may result in the revocation of the dealer's license under § 231-5D of this chapter.
F.Â
It shall be the requisite duty of every dealer, and of every person
in the dealer's employ, to admit to the premises during business
hours any member of the Pleasantville Police Department or any other
sworn law enforcement officer acting in the performance of their duties
to examine any database, book, ledger, or any other record on the
premises relating to the purchase of property from the public. Pleasantville
law enforcement officers are empowered to take possession of any property
known by a law enforcement officer or official to be missing or to
have been stolen, or where the officer or official has probable cause
to believe the article is missing or stolen. Mutual receipts will
be provided to the dealer and the police for any property seized by
the Pleasantville Police Department.
G.Â
It shall be the duty of every dealer to maintain in working condition
the software and hardware required to properly utilize the electronic
database software system designated and approved by the Chief of Police
for documenting transactions consistent with this Section. Payment
of all required fees for any such hardware, software, licensing, maintenance
and repair are the sole responsibility of the dealer.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
This chapter shall not apply to purchases made by dealers from wholesalers or other legitimate suppliers, but shall only apply to those purchases made from the public which includes other retail sellers as defined in § 231-2. The dealer shall keep records of all wholesale purchases for a period of six months from the date of such purchase, which records shall be opened to investigation by the Pleasantville Police Department or any sworn law enforcement officer in the performance of their duties. This chapter specifically does not apply to yard sales and garages sales by residents conducting such sales from their home residence a maximum of six times per year.
No dealer within the City of Pleasantville shall purchase any
property as defined in Appendix I[1] from any person under the age of 18 years.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
