[Ord. No. 1912, 5-19-1981 § 1; amended by Ord. No. 4061, 3-4-2008, § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
The business of buying or selling items regulated by this
chapter for another on commission or the holding of such items for
sale on consignment.
Any person, partnership, corporation or other entity, whether
permanent or itinerant, who or which engages in the business of buying,
selling, trading, brokering or otherwise disposing of secondhand gold,
silver or other precious metals, jewelry, gems or rare coins, or who
advertises the purchase, sale, trading, brokering or disposing of
any of the aforementioned items in the Township of Teaneck.
Those precious or semiprecious minerals, crystals or stones
commonly referred to as "jewels," including but not limited to diamonds,
rubies, pearls, sapphires, opals, emeralds and similar items.
Objects composed of precious metals, gems or both, including
but not limited to rings, bracelets, necklaces, pins, flatware, tableware,
chalices or goblets.
Any person under the age of 18 years.
Materials commonly used in the fabrication of jewelry, including
but not limited to gold, silver, platinum and palladium or any alloy
or combination thereof.
Any coin which has a value in excess of the face amount of
such coin.
Any items covered by this chapter which are used or previously
owned by someone other than a jewelry manufacturer or wholesaler or
a licensed dealer hereunder.
[Ord. 1912, 5-19-1981, § 2; Ord.
No. 3343, 12-15-1992, § 6; Ord. No. 4061, 3-4-2008, § 1]
(a)
Each dealer conducting business in the Township of Teaneck shall
first obtain an annual license therefor, which license shall bear
a number issued by the Township Clerk and shall be prominently displayed
within the licensed premises.
(b)
Application for such license shall be obtained from the Chief of
Police.
(c)
All licenses shall expire on December 31 in each year and shall not
be transferable.
(d)
The license application shall contain the following information:
name of applicant; permanent home address of applicant; name and address
of firm represented (if applicable) and a letter of authorization
from the firm represented; and fingerprints of applicant, unless the
applicant has previously submitted fingerprints in connection with
the issuance of a license hereunder.
(e)
The Chief of Police shall have a reasonable period of time in which
to verify the information in the application and to investigate the
applicant and shall signify his approval or rejection on the reverse
side of the form and transmit same to the Township Council.
(f)
If the Police Chief recommends denial of the license, the grounds
for such recommendation shall be stated. Upon receipt of the recommendation
of the Chief of Police, the Township Council shall issue or deny the
license accordingly.
[Ord. No. 1912, 5-19-1981, § 3; amended by Ord. No. 4061, 3-4-2008, § 1]
(a)
Each dealer shall maintain a complete record of each secondhand article
purchased, received or sold by the dealer, together with the amount
paid and the name, residence address and age of the person from whom
the article was purchased or received or to whom the article was sold,
and shall furnish to the seller of any article purchased by the dealer
a receipt therefor.
(b)
These records and any other records required by N.J.S.A. 2C:21-36
shall be maintained for a period of five years from the date of the
transaction and shall at all times be available for inspection by
any police officer of the Township of Teaneck.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
The records required by this section shall be maintained by each
dealer in a separate bound volume maintained specifically for this
purpose. Each transaction shall be assigned a number in the sequence
in which it occurred and shall promptly be listed in the book according
to its number with the required information.
(d)
Each dealer shall complete a transaction card (Form P101) provided
by the Police Department on each secondhand article or item purchased,
received or sold during the course of business. Such cards will require
the following information where applicable:
(e)
Transaction cards (P101) shall be delivered by the licensed dealer
to the Chief of Police or his/her designee on a weekly basis.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Ord. 1912, 5-19-1981, § 4; amended by Ord. No. 4061, 3-4-2008, § 1]
(a)
Each dealer shall require a form of government-issued identification
from the person from whom a secondhand article was purchased or received
or to whom a secondhand article was sold and shall make and retain
a photocopy thereof.
(b)
No transaction may be made with a minor.
(c)
No dealer may sell, melt, change the form so as to render the article
unidentifiable or dispose of any secondhand article of gold, silver
or precious metal, jewelry, gems or rare coins bought or received
by the dealer within 10 days after delivery of the transaction card
for such item to the Chief of Police.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
All articles obtained must be available for inspection by a member
of the Police Department upon request.
(e)
Police personnel may, in the performance of their duties, place a
temporary stop on any particular item or items if such items are the
basis of an investigation or if the Police Department has reasonable
cause to believe that such items are stolen property. A temporary
stop shall have a duration of 15 days and shall not be renewable.
The Chief of Police or his designee shall have the power to release
items placed on temporary stop. During a temporary stop, the item
or items will be maintained in their original state and not otherwise
altered or changed. In addition, any item on which a temporary stop
is placed shall be made available for photographing by the Police
Department.
[Ord. No. 1912, 5-19-1981, § 5; amended by Ord. No. 4061, 3-4-2008, § 1]
(a)
Licenses issued under this chapter may be revoked by the Township
Council, after hearing on notice, for fraud, misrepresentation or
false statements either in the license application or the course of
business; or for violation of any provision of this chapter; or upon
conviction of the dealer for any crime or disorderly person offense
involving moral turpitude; or if the dealer's business is conducted
in a manner which constitutes a breach of the peace or a menace to
the health, safety or general public welfare.
(b)
Notice of hearing for revocation of a license shall be given in writing
to the dealer by the Township Clerk, setting forth specifically the
grounds upon which the complaint is made and setting forth the time
and place of hearing, and shall be mailed to the licensee at his last-known
address at least five days prior to the date set for hearing.
[Ord. No. 1912, 5-19-1981, § 6; amended by Ord. No. 4061, 3-4-2008, § 1]
The violation of any section of this chapter shall be punishable as provided in § 1-6 of the Code of the Township of Teaneck, as amended.
