City of Brigantine, NJ Secondhand Dealers

Every Class A secondhand dealer shall keep a tightly bound book, not loose-leaf, with pages numbered in sequence, in which there shall be made, at the time of the transaction, a record in English of every article received, purchased, sold or exchanged by him or her, setting forth the following: the name, date of birth, sex, social security number, residence, telephone number and general description of the individual with whom the transaction is had; the price or consideration paid or received at the time of the transaction; the true value of the article involved; and a complete description of every article received, sold or exchanged, giving the manufacturer's name and/or other marks of identification appearing on said article.

All records made pursuant to this section shall be maintained by the dealer at the dealer's place of business for a period of not less than one year after the date that the property is sold or disposed of in any manner.

The account of each transaction shall be numbered consecutively.

(4)

The dealer shall securely fasten on any article purchased or received, for which records must be kept pursuant to this section, a tag to be prescribed by the Director of the Department of Police.

(5)

The dealer shall legibly write in English on the tag the date of the purchase or receipt of the article and a number corresponding to the property in the dealer's book.

(6)

The tag shall remain on the property until such time as the property is sold or disposed of by the dealer.

(7)

Each dealer shall secure the name and address of the person purchasing or otherwise acquiring any of the following items:

Binoculars.

Cameras.

Furs.

Household appliances.

(e)

Jewelry or other items composed of or manufactured, in whole or significant part, of a precious metal.

(f)

Musical instruments.

(g)

Office machines and equipment.

(h)

Radios and television sets.

(i)

Watches.

(j)

Any item other than those listed above having a retail sales value of $100 or more.

(8)

All records made pursuant to the above Subsection A shall be maintained by the dealer at the dealer's place of business for a period of not less than one year after the date the property is sold or disposed of in any manner.

Identification cards.

The Class A secondhand dealer shall, at the time of making each transaction, require the seller to write his or her signature and address along with the seller's description and verification of identity on a card bearing the serial number of the transaction corresponding to that record in the dealer's book. If such person is unable to write, he or she shall sign by mark, and in such event, the dealer shall record on the signature card such information as will identify the individual to be identified. Further, each card will contain space for a thumbprint of the seller and will be placed on the card at the time of the transaction.

The dealer shall require and inspect two types of identification from the seller or person delivering the property.

The dealer shall enter all identifying numbers to the extent contained in the identification provided by the seller or person delivering the property.

Reports to the Chief of Police. All Class A secondhand dealers shall, every day before the hour of 11:00 a.m., deliver to the Chief of Police or his or her designee, from blank forms to be prescribed, legible and correct transcripts from their record books showing the descriptions of every and all articles or things received by them on the business day immediately preceding (except as to the purchase of rags, old iron and paper), together with the amount paid therefor and a description of the person making the sale. The Chief of Police shall have the power and authority to require such to be done in a manner and form subject to his or her approval. Whenever the amount to be paid by the dealer for secondhand goods does not represent their true, fair and reasonable market value, the dealer must, simultaneously with or before the receipt of sale, report the transaction to the Chief of Police of the City of Brigantine or his or her designee.

§ 250-7 Class B dealer regulations and restrictions.

Maintenance of records.

Each Class B secondhand dealer shall keep at his or her place of business a record of each transaction involving used personal property, setting forth the following:

(a)

An accurate and complete description of the goods, article or thing received in trade or part payment for other merchandise.

(b)

The date of receipt.

(c)

The name, sex, color and address of the person from whom acquired.

(d)

The name and address of the person, corporation or firm which ultimately purchases or receives the property from the dealer.

All records shall be maintained by the dealer at the dealer's place of business for a period of not less than one year after the date the property is sold or disposed of in any manner.

Reports to the Chief of Police. All Class B secondhand dealers shall, on the day following a transaction of secondhand goods, before the hour of 11:00 a.m., deliver to the Chief of Police or his or her designee, from blank forms to be prescribed, legible and correct transcripts from their record books, showing the descriptions of every and all articles or things received by them on the business day immediately preceding (except as to the purchase of rags, old iron and paper), together with the amount paid therefor and a description of the person making the sale. The Chief of Police shall have the power and authority to require such to be done in a manner and form subject to his or her approval. Whenever the amount to be paid by the dealer for secondhand goods does not represent their true, fair and reasonable market value, the dealer must, simultaneously with or before the receipt of the sale, report the transaction to the Chief of Police of the City of Brigantine or his or her designee.

§ 250-8 Regulations and restrictions applicable to all dealers.

Prohibition as to melted or altered goods. No dealer in secondhand goods shall purchase any piece or mass of melted precious metal, ingot of amateur manufacture or any article with serial numbers or jeweler's marks obliterated unless payment for the article is withheld for a period of 24 hours prior to the transaction of the pertinent information required under this chapter.

Purchases from minors. No dealer in secondhand goods shall purchase or receive any article of secondhand personal property from a minor, that being under the age of 18 years, unless the minor's parent or legal guardian is physically present during the transaction and presents the identification required by the chapter.

Melting, wrecking and remodeling. No secondhand dealer shall take apart or melt down any jewelry, watch case or article composed or manufactured, in all or in part, of gold, silver or platinum until he or she shall have made a record of his or her intention to do so, along with all other data recorded in his or her record book, and shall have reported the same to the Chief of Police in the same manner as reports of purchase. The articles proposed to be taken apart, melted down, wrecked or remodeled must be kept for a period of 15 business days before such action is taken unless the articles have been inspected by the Chief of Police or his or her designate and written approval has been given for such melting, wrecking or remodeling prior to the completion of the aforesaid period.

Record inspection. The aforesaid record book and all goods, articles or things purchased, received or kept for sale or exchange by every secondhand dealer shall, at all reasonable times, be open to the inspection by any duly authorized agent of the Department of Police.

Inspection, seizure and detention of property by police.

It shall be the duty of every secondhand dealer and of every person in a dealer's employ to admit to the premises during business hours any member of the Brigantine City Police Department to examine any book or other record on the premises, as well as the articles purchased or received, and to take possession of any article known by the police officer or official to be missing or to have been stolen, or where said officer or official has probable cause to believe the article is missing or stolen.

It shall be a violation of the provisions of this chapter for any licensed secondhand dealer or any agent, clerk or employee of any such dealer to hinder or in any manner prevent any agent or member of the Brigantine Police Department from making an inspection of the premises and taking into possession any article or articles known or believed to have been unlawfully taken from the rightful owner or possessor of said article or articles.

Upon taking possession of an article or articles, an authorized official or police officer shall furnish the dealer with a receipt which shall include the date, name of the official or officer taking the article, his rank and a description of the article or articles taken.

(4)

Any article taken by an authorized official or police officer from a dealer shall, as soon as possible, be delivered to the property clerk of the Brigantine Police Department where it shall remain until such time as ownership or the right to possession, or both, have been determined according to law.

(5)

The property clerk of the Brigantine Police Department shall notify the dealer, in writing, of any deposition of the property. The notice shall include the date of disposition and the name of the person receiving the property.

(6)

In lieu of taking possession of secondhand goods pursuant to this chapter, a member of the Brigantine Police Department may place a temporary detainer on the property for a period not to exceed 60 calendar days from the date that the written notice of the detainer is issued to the dealer.

(7)

During the period of detention, the property shall remain in the custody of the dealer, and the dealer shall be prohibited from selling, disposing of in any manner or changing the identity of the property.

(8)

During the period of detention, the dealer shall keep the detained property separate and distinct from all other property in the dealer's place of business.

Goods to be kept without concealment for 15 business days.

Every dealer in secondhand goods must keep, without concealment, for a period of 15 business days, subject to inspection by any police officer, all goods, wares and merchandise, except papers and rags purchased or received from any person, before selling, shipping or otherwise disposing of the same unless the item(s) has (have) been sooner inspected by the Chief of Police or his or her designee and the licensee receives written approval for such selling, shipping or disposal.

Property being held pursuant to this section shall be kept in the dealer's place of business and shall be kept separate and distinct from all other property or merchandise in the dealer's place of business.

Storage. No secondhand dealer shall make use of any property, private or public, not included within the licensed premises for the storage, handling or displaying of any secondhand article, unless those premises are duly approved and registered with the licensing authority.

Hours of business. No Class A or Class B secondhand dealer shall transact any business between the hours of 10:00 p.m. and 8:00 a.m. There will be no restriction as to time as to Class C secondhand dealers.

§ 250-9 Exemptions.

The provisions of this chapter shall not apply to any antique dealer or licensed coin dealer who deals strictly in his or her respective specialty. Any of the aforesaid dealers who deal in any secondhand items which are not their specialties are required to obtain licenses pursuant to this chapter.

The provisions of this chapter shall not apply to any pawnbroker, as defined in N.J.S.A. 45:22-1. However, any pawnbroker who deals in any secondhand items not for the purpose of pawning or making loans thereon is required to obtain a license pursuant to this chapter and to abide by the same.

§ 250-10 Denial, suspension or revocation of license.

The Director of the Department of Police may deny, suspend or revoke any secondhand license pursuant to N.J.S.A. 40:52-2 for sufficient cause after notice and hearing; sufficient cause is to include but not be limited to:

Violation of any provision of this chapter.

Advertising of any kind by a dealer to purchase secondhand goods without being licensed pursuant to this chapter.