[HISTORY: Adopted by the City Council of the City of Somers
Point 2-26-2015 by Ord. No. 6-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions — See Ch. 81.
Mercantile licenses — See Ch. 174.
Peddling and soliciting — See Ch. 202.
[1]
Editor's Note: This ordinance also repealed former Ch.
207, Precious Metals and Secondhand Goods, adopted 12-17-1992 by Ord.
No. 27-1992.
A.
The City Council hereby finds that there is a need to regulate and
control the buying, selling, advertising and/or solicitation of gold,
silver and precious or semiprecious gems or jewelry 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 or jewelry.
B.
The City Council hereby finds that there is a need to regulate and
control the buying and selling of other metals such as aluminum, copper,
magnesium and ferrous 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 such metals in accordance
with N.J.S.A. 45-28-1 et seq. and the rules and regulations promulgated
thereunder.
C.
The City Council hereby finds that there is a need to regulate and
control the buying, selling, advertising and/or solicitation of gift
cards and secondhand goods 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 such cards
and goods in accordance with N.J.S.A. 45:22-1 et seq. and the rules
and regulations promulgated thereunder.
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
photo New Jersey driver's license or New Jersey identification
card, a current valid photo driver's license issued by another
U.S. state, a valid United States passport, or other verifiable valid
United States government-issued photo identification with address.
All of the above listed acceptable identifications require the dealer
to capture/record evidence of the person's current address.
Any secondhand good the value of which, in whole or substantial
part, is derived from its age or its historical association and exceeds
the original value of the item when new.
Any dealer whose regular business includes selling or receiving
secondhand goods where at least 90% of the goods on hand at all times,
measured according to value, consists of antiques.
Any dealer whose regular business includes selling or receiving
secondhand goods some or all of which are offered for sale for the
highest bid or offer tendered. If the sale is conducted by means of
an auction, the auctioneer must be properly licensed and bonded in
accordance with applicable laws.
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. This term shall also include the definition of "article"
as the same appears in N.J.S.A. 51:6-1, as that statute may be amended
from time to time.
Every transaction conducted by a licensee required to be reported to the City Police Department under § 207-11 of this chapter.
Any person, partnership, corporation, sole proprietorship,
association, or other entity, who or which, through any means, buys,
transfers or obtains from consignment articles made of or containing
gold, silver, precious or semiprecious metals or gems or jewelry,
other metals, or secondhand goods as defined in this chapter, and
includes anyone advertising the purchase or sale of any of the aforementioned
items.
The Chief of Police of the City of Somers Point or his designee/representative.
A dealer whose regular business includes the buying, selling,
and trading of coins, stamped metal, monetized bullion or commercial
grade ingots of gold, or silver. The coins may be legal tender or
otherwise and may be made of precious metals, gold, silver or platinum.
An agreement between a dealer and a seller that enables the
dealer to take temporary possession of secondhand property, owned
by the seller, for the purpose of offering it for sale to the public.
A dealer in secondhand goods acquired by a consignment agreement.
A computerized Internet-capable database with hardware and
software compliant with standards set by the Chief of Police.
Any person, partnership, corporation, sole proprietorship,
association, or other entity, who or which, through any means, buys,
sells, transfers or obtains from consignment articles made of or containing
gold, silver, precious or semiprecious metals or gems or jewelry,
other metals, or secondhand goods as defined in this chapter and includes
anyone advertising or soliciting the purchase or sale of any of the
aforementioned items.
A person or entity who is appointed or designated by the
Chief of Police who is authorized to collect and maintain precious
metal transaction information or other purchase information as defined
herein, for the City of Somers Point.
Any person working for a buyer or dealer, whether or not
the person is in the direct employment of the buyer or dealer or works
full time or part time, who handles gold, silver, precious or semiprecious
metals or gems or jewelry, other metals, or secondhand goods for the
buyer or dealer. "Employee" shall not mean a person employed by a
bank, armored car company or other business entity acting in the sole
capacity of bailee-for-hire relationship with a buyer or dealer.
Any group of five of more unrelated persons or businesses
selling secondhand goods to the public from a single physical location.
Any precious or semiprecious stone or item containing a precious
or semiprecious stone customarily used in jewelry or ornamentation.
A restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
Any article or product with a gold content, without regard
to the fineness thereof.
Any single physical article; however, with respect to a commonly
accepted grouping of articles that are purchased as a set and have
greater value as a set than the combined value of its components set
if sold individually, the term "item" shall refer to the set.
The sale of merchandise on the World Wide Web, or Internet,
by a person who is registered with and assigned a designated account
or user name by the Internet website hosting the auction.
Any business conducted intermittently within the City of
Somers Point or at varying locations.
The compact and contiguous premises described in the approved
license issued by the City of Somers Point.
Any person under the age of 18 years.
Any item made of aluminum, copper, magnesium or other ferrous
metals.
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. Not limited to those categories known
as "diamonds," "rubies," "pearls" and "sapphires" and commonly called
a "jewel."
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
Includes any exchange of gold, silver, precious or semiprecious
metals or gems or jewelry, other metals, or secondhand goods as defined
in this chapter for anything of value. A purchase or payment need
not be made by way of money in order to constitute purchase for the
purposes of this chapter. For purposes of this chapter, a purchase
may include an exchange, deposit, pledge, conveyance or trade of any
tangible or intangible article.
Every transaction conducted by a dealer in which precious
metals, or other tangible property, are purchased from or exchanged
from with the public.
Any article previously sold, acquired, exchanged, conveyed,
traded or otherwise formerly owned, including but not limited to:
Antiques;
Antique weapons, both bladed and firearms;
Clothing;
Collectibles (such as, stamps, coins, comic books, sports memorabilia,
etc.);
Furniture;
Gems;
Gift cards;
Jewelry;
Musical instruments;
Paintings;
Portable electronics, including but not limited to:
Blu-ray/DVD or CD players/recorders;
Camcorders;
Cameras;
Car stereos;
Cellular telephones and accessories;
Computers (desktop, laptop, tablets, PDAs, computer hardware
and software);
Computer printers;
Game systems and components;
Video games with game systems and components;
Home electronics/audio and visual equipment;
iPods and iPads;
MP3 players;
Scanners;
Word processors;
Scales;
Sporting goods of all kinds;
Televisions;
Any and all other used item(s) of value.
Any person who or which, through any means, sells, transfers
or offers by consignment gold, silver, precious or semiprecious metals
or gems or jewelry or other metals as defined in this chapter.
The term "seller" includes "solicitor," "canvasser," "vendor," "auctioneer," "itinerant vendor" and "transient merchant" as same are defined in Chapter 202 of the Somers Point Municipal Code.
Any article or product with a silver content, without regard
to the fineness thereof.
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 or who intends to close out or
discontinue all retail business in the City of Somers Point within
six months. The term "transient buyer" will also include a dealer
who intends to close out or discontinue all retail business in the
City of Somers Point 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 or sanctioned by the City of Somers Point shall not
be considered a transient buyer for purposes of this chapter.
Any item containing gold or silver previously sold, traded
or transferred to a consumer for the personal use or enjoyment of
such consumer.
No buyer or dealer shall engage in a regulated activity, as
defined above, without having first obtained a license therefor from
the City Clerk, which license shall bear a number issued by the City
Clerk and shall be prominently displayed within the licensed premises.
The requirement of a license shall apply to the buyer and/or dealer
and to any individual employee who engages in a regulated activity
on behalf of a buyer or dealer. Hereinafter the term "licensee" shall
refer to a buyer, dealer, transient buyer, or to any individual employee
who engages in a regulated activity on behalf of a buyer or dealer.
A.
At the time of filing the application for a license, a nonrefundable
license fee of $200 shall be paid for the annual license for the premises
where the activity is to be conducted, together with a fee of $100
for each person working under the premises license. Thereafter, the
annual, nonrefundable renewal fee for the premises will be $200; and
for each person working under the premises license, $100. The fee
shall not be prorated.
A licensed issued under the provisions of this chapter shall
not be transferable and shall terminate December 31 of the year in
which said license is issued, unless it is renewed in accordance with
and pursuant to the provision of this chapter.
An application for a license shall be in writing on forms available
from the City Clerk. The application form and pertinent information
required shall be developed by the City of Somers Point through its
Police Department, and the application shall be amended from time
to time as necessary in order to provide the necessary information
required by the Police Department to comply with the intent of this
chapter. The application shall provide the following information on
said application:
A.
Name and address of licensee;
B.
Address from which licensee shall conduct business;
C.
Copy of valid permit from the City of Somers Point;
D.
Proof that he or she is a citizen of the United States or a person
satisfying all requirements of the immigration and naturalization
laws, or other applicable law, for holding gainful employment in the
United States;
E.
The original or a certified copy of a valid certificate of authority
issued by the Director of the New Jersey Division of Taxation, pursuant
to N.J.S.A. 54:32B-15, empowering the vendor to collect sales tax.
Certificates shall not be required for the sale of property exempted
from sales and use taxation pursuant to N.J.S.A. 54:32B-8.2. Every
applicant who held a license issued under this article during the
year preceding the application shall present proof of payment of New
Jersey sales tax required pursuant to N.J.S.A. 54:32B-1 et seq.;
F.
A completed New Jersey State Bureau of Identification form authorizing
release of any criminal history record information (known commonly
as a "yellow sheet"), accompanied by a money order in the amount specified
by the City Clerk to process each such yellow sheet, payable as directed.
A.
Upon receipt of an application completed pursuant to this chapter,
the Clerk shall refer the application to the Chief of Police, who
shall fingerprint the applicant and institute such investigation of
the applicant's moral character and business responsibility as
the Chief of Police deems necessary for the protection of the public
welfare. In the event that the licensee is a business entity other
than a sole proprietorship, the officers in a corporation or the partners
in a partnership (or limited partnership) shall be deemed to be the
applicant(s) who shall be fingerprinted and investigated according
to this chapter. Upon completion of the investigation, the Chief of
Police shall return the application or a copy thereof to the Clerk,
accompanied by a recommendation as to whether the license should be
issued or denied. Upon issuance of the license, the Clerk shall give
the applicant a copy of this chapter.
B.
If the recommendation of the Chief of Police is to deny the license,
the grounds for the recommendation shall be stated in writing. Any
person aggrieved by such denial may file a written appeal to the City
Council through the City Clerk within 15 business days from the date
of denial. This appeal may be perfected by service of a notice of
appeal on the City Clerk either personally or by certified mail. The
City Council shall conduct a hearing on an appeal within 30 business
days of the City Clerk's receipt of the filing of a notice of
appeal, and a decision shall be rendered, in writing, on the appeal
within 20 business days of the close of the hearing. The City Council
may confirm or reverse the denial as deemed advisable.
C.
As to any applicant for a license under this chapter, the Police
Department of the City of Somers Point shall, upon the initial application,
conduct a full state background investigation. The Chief of Police
shall report the results of such investigation to the City Council
as soon as possible. With respect to subsequent renewals of the license,
the Police Department shall conduct a background investigation by
applicant's name, social security number and date of birth for
the purpose of the annual renewal of said application.
D.
Persons and locations ineligible for a license.
(1)
Individuals ineligible. No license shall be issued to an applicant
who is a natural person if such applicant:
(a)
Is not 18 years of age or older on the date the application
is submitted to the City;
(b)
Has been convicted of any crime directly related to the occupation
licensed or registered and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a precious
metal dealer as prescribed by applicable New Jersey Statutes;
(c)
Is not of good moral character or repute;
(d)
Holds an alcohol beverage license;
(e)
Has knowingly falsified or misrepresented information on the
application;
(f)
Is not the real party in interest in the business being licensed
or registered;
(g)
Has had an interest in a corporation, partnership, association,
enterprise, business or firm that had a pawnbroker, precious metal
or secondhand goods dealer's license denied or revoked by any
governmental body as a result of a violation of law within five years
of the date the application is submitted to the City;
(h)
Owes taxes or assessments to the state or City that are due
and delinquent; or
(i)
Has been the subject of an investigation by a consumer protection
agency, state attorney general's office, better business bureau,
or similar group or agency and such investigation has indicated a
pattern of disregard of consumer rights in the conduct of the business.
(2)
Partnership ineligibility. No license shall be issued to an applicant that is a partnership if such applicant has any general partner or managing partner who cannot meet the requirements of §§ 207-6 and 207-7A, or if the partnership:
(a)
Had a pawnbroker, precious metal or secondhand goods dealer's
license denied or revoked as a result of a violation of law within
five years of the date the application is submitted to the City;
(b)
Owes taxes or assessments to the state or City that are due
and delinquent; or
(c)
Has been the subject of an investigation by a consumer protection
agency, state attorney general's office, better business bureau,
or similar group or agency and such investigation has indicated a
pattern of disregard of consumer rights in the conduct of the business.
(3)
Corporate and association ineligibility. No license shall be issued to an applicant that is a corporation or other organization if such applicant has any manager, proprietor, or agent in charge of the business to be licensed who cannot meet the requirements of §§ 207-6 and 207-7A, or if the corporation:
(a)
Has had a pawnbroker, precious metal or secondhand goods dealer's
license denied or revoked as a result of a violation of law within
five years of the date the application is submitted to the Issuing
City;
(b)
Owes taxes or assessments to the state or City that are due
and delinquent; or
(c)
Has been the subject of an investigation by a consumer protection
agency, state attorney general's office, better business bureau,
or similar group or agency and such investigation has indicated a
pattern of disregard of consumer rights in the conduct of the business.
E.
Locations ineligible. The following locations shall be ineligible
for a license or registration under this section:
(1)
Claims due. No license shall be granted or renewed for operation
on any property on which taxes, assessments, or other financial claims
of the state or City are past due, delinquent, or unpaid.
A.
Revocation.
(1)
Any license may be revoked by the Chief of Police for any violation
of this chapter, in addition to any other penalty imposed for any
violation. Any license may be revoked if the licensee has failed to
pay any fee or charge properly imposed under the authority of this
chapter. Upon any violation, the Chief of Police may suspend a license
upon written notice to the license holder.
(2)
Upon receipt of the notice of suspension, the license holder may,
within 10 calendar days, file with the City Clerk a written request
for a hearing on the suspension before the City Council. The hearing
shall be held within 30 business days of the request, at which hearing
the license holder shall have the opportunity to be heard.
(3)
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 calendar days after the notice of
suspension has been given to the license holder.
B.
Licenses issued under the provisions of this chapter may be revoked by City Council, after a hearing and upon notice to the applicant, as set forth in Subsection A above, for any of the following reasons:
(1)
Fraud, misrepresentation or false statement in the application for
license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the regulated activity of this chapter.
(3)
Any violation of this chapter, including but not limited to:
(a)
Failure by the licensee to enter all transaction information set forth in § 207-11B(1) through (8) into the database within 24 hours after purchase, receiving for pawn, or receiving for consignment from the public, any property, precious metals, metals, or secondhand goods as defined in § 207-2.
(b)
Failure by the licensee to properly maintain computer equipment in a reasonable fashion or failure by the licensee to replace faulty computer equipment such as is required under § 207-11C.
(c)
Failure by the licensee to admit to the premises during business hours any member of the Somers Point Police Department or other sworn law enforcement officer acting in the performance of their duty or to permit such officer(s) to conduct an inspection or review of records or regulated activity in accordance with § 207-11E.
(4)
Conviction of any crime that is directly related to the occupation
or business licensed or registered.
(5)
Conviction of any disorderly persons offense involving moral turpitude.
(7)
Conducting the regulated activity 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 and general welfare of the public.
No licensee shall, by virtue of one license, keep more than
one place of business for receiving or taking goods.
No licensee shall, at any time, do business at any place other
than the place of business for which the license was granted.
Every licensee within the City of Somers Point shall, upon the purchase, receiving for pawn, or receiving for consignment, any property, precious metals, other metals, or secondhand goods from the public, as are defined in § 207-2, shall be required to do as follows:
A.
Record using a unique transaction number on a numbered receipt the
name, address and telephone number of the purchaser; 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. and N.J.S.A. 51:6-1 et seq.; and any
property containing a serial number.
(1)
This information is to be documented through use of an electronic database software system as designated by the Chief of Police the information listed in § 207-11B(1) through (8).
(2)
These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection E below.
(3)
Every dealer shall be responsible for any and all costs associated
with purchasing, maintaining and updating the electronic database
software system, as well as any annual licensing or subscription fees.
Said licensing and/or subscription fees associated with the electronic
database software system shall be in addition to any other fees or
costs required under this chapter.
B.
Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all transactions into the electronic database within 24 hours from the date of purchase or receipt of property for pawn, or consignment. The information entered will contain the information in Subsection A above, plus the following:
(1)
The name, address, date of birth, telephone number and acceptable
identification number of the seller;
(2)
The receipt number;
(3)
A full description of the item or items purchased, 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;
(4)
The price paid for the item and the method of payment (such as, cash,
check, trade, etc.);
(5)
The form must be signed by the seller;
(6)
The form must be legible bearing the name of the clerk or the dealer
who made the transaction so as to readily identify that individual;
(7)
A color photograph or color image of the seller's presented
acceptable identification; and
(8)
A color photograph or color image of all items sold. When photographing
or imaging all items must be positioned in a manner that makes them
readily and easily identifiable.
C.
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 within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in § 207-11B(1) through (8) into the database as soon as possible upon the dealer's equipment being repaired or replaced, of 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 the ordinance and subsequently being subject to the penalties for doing so including revocation of the dealer's license under § 207-8.
D.
Payment.
(1)
Payment by a precious metal dealer for the purchase of a precious
metal item shall be made only by a check, draft, or other negotiable
or nonnegotiable instrument or order of withdrawal which is drawn
against funds held by a financial institution.
(2)
Payment by other than precious metal dealers to sellers in cash shall
be limited to two transactions during a seven-day period for the same
seller. The seven-day period will commence on the day of the first
transaction and end seven days after the transaction, i.e. if transaction
No. 1 occurs on Monday, the seven-day period ends on Sunday.
(3)
Furthermore, no cash payments shall be made to the same sellers who
make more than five transactions in any given thirty-day period. Sellers
making transactions over the number of proscribed weekly and monthly
periods will be paid by the dealer by means of a bank check drawn
from the dealer's business account.
E.
Special report. A report to the City Police Department must be made
within 24 hours of that point where a licensee has received from the
same seller in a series of transactions within a six-month period
merchandise for which the licensee paid $500 or more.
F.
Receipt. The licensee shall provide a receipt to the seller of any
item of property received, with the exception of items purchased via
an Internet auction, which shall include:
(1)
The name, address and telephone number of the licensee.
(2)
The date on which the item was received by the licensee.
(3)
A description of the item received and amount paid to the seller
in exchange for the item sold.
(4)
The signature of the licensee or agent; and
(5)
The name and address of the seller.
G.
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 Somers Point Police Department or other sworn law enforcement officer acting in the performance of their duty to examine any database, book, ledger, or any other record on the premises relating to the purchase, receiving for pawn, or receiving for consignment, any property, precious metals, other metals, or secondhand goods from the public, as defined in § 207-2. Somers Point Police Officers or other law enforcement officers acting in the performance of their duty are empowered to take possession of any article known by the police officer or official to be missing or to have been stolen, or where the officer or official has reasonable suspicion to believe the article is missing or stolen. A receipt will be provided to the dealer for any property seized by the Somers Point Police Department or other law enforcement officer.
The following items, when received by a licensee, are exempt
from the recording and reporting requirements of this chapter, regardless
of the purchase price paid by the licensee, asking price if consigned
or brokered, or value attributed to it if accepted in trade:
A.
A sale of property from a merchant, manufacturer, wholesaler, corporate
entity or government entity, having an established place of business
or goods sold at open sale from bankrupt stock provided the licensee
must maintain a record of all such transactions which includes a written
declaration of ownership that includes at a minimum the following:
(1)
The seller's full corporate name, registered address, telephone
number and federal Employee Identification Number ("EIN") or tax identification
number, the full name of the chief executive officer, and a description
of the seller's business;
(2)
An accurate description of each item of property that must identify
the item in a manner that relates to the transaction record including
any unique identifier;
(3)
A description of the nature of the transaction, such as trade, consignment
or sale;
(4)
The purchase price, asking price if consigned or value attributed
to the item if accepted in trade; and
(5)
A signed statement by the seller attesting that the seller is the
true owner of the property, or proof of their authorization from the
true owner to dispose of the items, and that the property is free
from all other claims or liens.
B.
Retail and wholesale sales of merchandise by the licensee originally
received through a reportable transaction and for which all applicable
hold periods have expired.
C.
Garage sales: As used in this section, a garage sale is defined as
the sale of used personal property by the lawful residents of residentially
zoned property that is not conducted on a periodic or ongoing basis.
A garage sale shall be deemed to be periodic or ongoing if a garage
sale is held by the lawful resident of residentially zoned property
more than five days in any consecutive ninety-day period.
D.
Sales conducted by governmental, civic, patriotic, fraternal, educational,
religious or benevolent organizations which have been in active and
continuous existence for at least one year prior to the holding of
the sale, or which are incorporated as a not-for-profit corporation
by the state.
E.
Sales or purchases which are regulated by the licensing laws of the
State of New Jersey, including automobile dealers, used parts dealers
and automotive parts recyclers.
F.
Antique dealers: As used in this section, an antique or primitive
is defined as an old and valuable art object or article no longer
in production that is at least 50 years old. As used in this section,
the term "sale" does not include an exchange, trade, or swap of items.
A.
A licensee shall not engage in regulated activity with 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.
B.
A licensee shall not engage in regulated activity with any individual
who is in an intoxicated state and/or is under the influence of intoxicating
liquor, narcotics or hallucinogenic or habit-producing drugs or is
otherwise chemically impaired or incompetent.
C.
A licensee shall not engage in regulated activity with any individual
whenever the item of property contains an altered or obliterated serial
number, "operation identification" number or otherwise altered so
as to remove, alter or obliterate a unique identifier of the property.
A.
Automatic retention period.
(1)
All property purchased, received for pawn, or received for consignment, precious metals, other metals, or secondhand goods from the public as defined in § 207-1 are to be made available for inspection by the Chief of Police or any member of the Somers Point Police Department or other law enforcement officer acting in the performance of their duty for a period of seven business days from the date the transaction information is reported to the Chief of Police in accordance with § 207-11 above.
(2)
All property, precious metals, other metals, secondhand goods as defined in § 207-2 shall remain in the same condition as when purchased and shall not be sold or disposed of, changed, modified, or melted by the purchaser until the seven-day retention period has expired. During the seven-business-day retention period, all property, precious metals, other metals, secondhand goods as defined in § 207-2 shall be placed in public view at the licensed location where the transaction occurred between licensee and seller.
B.
Investigative retention period. Whenever a law enforcement official
from any agency notifies a licensee not to sell an item, the item
must not be sold or removed from the premises. The investigative hold
shall be confirmed in writing by the originating agency within 72
hours and will remain in effect for 15 days from the date of initial
notification, or until the investigative hold is cancelled, or until
an order to hold/confiscate is issued, whichever occurs first.
C.
Order to hold. Whenever the Chief of Police or the Chief's designee
orders a licensee not to sell an item, the item must not be sold or
removed from the premises until the Police Chief or the Chief's
designee authorizes its release. The order to hold shall expire 90
days from the date it is placed on the property unless the Chief of
Police or the Chief's designee determines the hold is still necessary
and notifies the licensee in writing that the order is being extended.
D.
Order to confiscate. Whenever an item is identified as stolen property
or evidence of a crime the Chief of Police or the Chief's designee
may either physically confiscate and remove it from the premises or
place an order to hold on the property as provided above and leave
it on the premises. When an item is confiscated, the Police Chief
or Police Chief's designee must provide upon request their badge
number, name, Police Department telephone number and the case number
relating to the confiscation. When an order to hold or confiscate
is no longer necessary, the Chief of Police or the Chief's designee
shall so notify the licensee.
A licensee or registrant must report to the City Police Department
any article sold or received or sought to be sold or received, if
the licensee or registrant has reason to believe that the article
was stolen or lost. No licensee or registrant shall receive or accept
any item of property which contains an altered, obliterated or obviously
removed serial number or unique identifier.
A.
Every applicant shall file with the City Clerk a good and sufficient surety bond, to be approved by the City Solicitor, in the amount of $10,000 for each license sought, executed by a surety company authorized and qualified to do business in the State of New Jersey. The bond shall run to the City of Somers Point for the benefit of any person or persons, injured by any wrongful act, default, fraud or misrepresentation of any violation of this chapter. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the City of Somers Point, be and remain for the benefit of any person or persons who shall obtain a judgment against obligor, as a result of damage sustained in operation pursuant to any license granted under Chapter 207 of the Code of City of Somers Point."
B.
The surety bond shall be kept for a minimum of one year from the
date of issuance of license and must be renewed annually along with
the license. The bond shall not be cancelled for any cause unless
a notice of intention to cancel is filed at least 30 days before the
requested cancellation date with the City Clerk with copy of the notice
of intention mailed to the City Solicitor. The bond shall contain
such a provision. The requirement of this chapter for obtaining a
surety bond is in addition to any obligation imposed by the State
of New Jersey upon a transient buyer of precious metals, pursuant
to N.J.A.C. 13:47C-6.1.
A.
A licensee or registrant under this chapter must immediately notify
the City Clerk in writing of any of the following:
(1)
A change in the corporate or organization officers listed in the
application.
(2)
Any changes in the partnership agreement.
(3)
A change of the managing partner, store or general manager, proprietor,
or other person who is in charge of the licensed or registered premises.
(4)
Any change in the ownership of an establishment licensed or registered
under this chapter, including any acquisition of an interest in the
partnership, corporation, or other organization by any person not
identified in the application.
B.
When an establishment licensed or registered under this chapter is
sold or transferred, the licensee shall immediately notify the City
Clerk of the sale or transfer. If the establishment that is sold or
transferred is to continue in the business of precious metal dealer,
the new owner must immediately apply for an appropriate license or
registration under this chapter. In addition, in the case of licensees,
a management agreement, which covers the period between the sale or
transfer and the issuance of the new owner's license, shall be
executed between the existing licensee and the new owner within 20
business days following the sale or transfer. The management agreement
shall vest control of all of the precious metal dealer's business
in the existing licensee or a manager responsible to the existing
licensee. The agreement shall be approved by the Chief of Police.
C.
A management agreement shall be required of any licensed precious
metal dealer whose business is being managed or operated by a person
other than the licensee or an employee of the licensee. No person
other than the licensee or an employee of the licensee shall be permitted
to manage or operate an establishment licensed under this chapter
until the City Council has reviewed and approved the management agreement
and any amendments thereto.
Every person licensed under this chapter shall comply with the "Do Not Solicit" list requirements of Code § 202-37.
Any person, as defined above, who violates any provision of
this chapter shall, upon conviction thereof, be subject to one or
more of the following: a fine not exceeding $1,250 or imprisonment
in the county jail for a term not exceeding 90 days, or a period of
community service not exceeding 90 days, within the discretion of
the Municipal Judge. A separate offense shall be deemed committed
in each day during or on which a violation occurs or continues.
