[HISTORY: Adopted by the City Council of the City of Atlantic
City 7-13-1983 by Ord. No. 29-1983. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall
have the meanings indicated:
Any person, firm or corporation other than a licensed pawnbroker
or licensed secondhand dealer having a place of business in the City
of Atlantic City for purchasing, trading or dealing predominantly
in antiques.
Very old and authentic objects of enhanced value owing their
increased worth in the unique appeal mainly to the fortuity of survival.
Every reportable transaction conducted by a secondhand dealer,
regardless of the number of items received in that transaction.
[Added 12-29-2003 by Ord. No. 73-2003; amended 2-11-2004 by Ord. No.
6-2004]
The highest law enforcement official of the Atlantic City
Police Department or his designee.
[Added 11-15-2000 by Ord. No. 71-2000]
A computerized database with hardware and software compliance
to that as set by the Chief of Police.[1]
[Added 11-15-2000 by Ord. No. 71-2000]
Every transaction conducted by a secondhand dealer in which
merchandise is received through a purchase, consignment, exchange
or trade, or for which a unique transaction number or identifier is
generated by their point-of-sale software, or an item is confiscated
by law enforcement, is reportable except:
[Added 12-29-2003 by Ord. No. 73-2003; amended 2-11-2004 by Ord. No.
6-2004]
The bulk purchase or consignment of new or used merchandise
from a merchant, manufacturer or wholesaler having an established
permanent place of business, and the retail sale of said merchandise,
provided the secondhand dealer must maintain a record of such purchase
or consignment which describes each item and must mark each item in
a manner which relates it to that transaction record.
Any person, firm or corporation, other than a licensed antique
dealer pawnbroker, licensed coin dealer, licensed motor vehicle or
trailer dealer purchasing, trading or dealing in any secondhand goods
whatsoever, said dealers to be designated in the following classes,
as set forth below:
CLASS A DEALERA person, firm or corporation, other than a Class B or Class C secondhand dealer, engaged in the business of buying, selling, trading, exchanging or dealing in secondhand personal property of any description (other than motor vehicles).
CLASS B DEALERA person, firm or corporation primarily engaged in the sale of new merchandise, and incidentally engaged in selling, trading, exchanging or dealing in secondhand goods of any description (other than motor vehicles) as the result of having received that secondhand goods in trade, or by repossession or as part payment for new merchandise. No Class B secondhand dealer shall engage in the business of dealing in used personal property except as an incident to the sale of other new merchandise.
CLASS C DEALERA charitable organization, as defined in Chapter _____ (3) of the Internal Revenue Code of 1954, as amended, which has donated to it or receives on consignment secondhand personal property (other than motor vehicles) for the purpose of resale.
Goods which have been previously owned, worn or used by another;
i.e., not new.
[1]
Editor’s Note: The former definition of "floppy disk,"
added 11-15-2000 by Ord. No. 71-2000, which immediately followed,
was repealed 5-22-2013 by Ord. No. 29-2013.
[Amended 2-15-1995 by Ord. No. 14-1995]
It shall be unlawful for any person, firm or corporation to
engage in the business of being a secondhand dealer, as defined in
this chapter, without first obtaining a license therefor as hereinafter
provided. A separate license shall be required for each location,
place or premises used for the conduct of the business of being a
secondhand dealer. Each location, place or premises shall be limited
to a single secondhand license. There shall be a limit of 32 Class
A licenses.
A.Â
The Chief of Police shall, on application, issue an appropriate license
to any person, firm or corporation as a dealer in secondhand goods
subsequent to any investigations deemed necessary by said Director.
Any person, firm or corporation receiving such license shall pay to
the City of Atlantic City an annual license as follows:
[Amended 11-15-2000 by Ord. No. 71-2000]
|
Class
|
Fee
| |
|---|---|---|
|
Class A
|
$2,500
| |
|
Class B
|
$250
| |
|
Class C
|
$250
|
B.Â
All such licenses shall expire on December 31 of each year.
C.Â
The billable transaction fee shall reflect the cost of processing
transactions from Class A and Class B secondhand dealers and other
related expenses as determined by the Chief of Police and shall be
reviewed every six months. Dealers shall be notified in writing 30
days before any adjustment is implemented.
[Added 12-29-2003 by Ord. No. 73-2003; amended 2-11-2004 by Ord. No.
6-2004]
D.Â
Billable transaction fees shall be billed monthly and are due and
payable within 30 days. Failure to pay in accordance with these terms
is a violation of this chapter.
[Added 12-29-2003 by Ord. No. 73-2003; amended 2-11-2004 by Ord. No.
6-2004]
The license issued pursuant to this chapter shall state the
name of the person to whom issued, the place of business and street
number where such business is located. Such license shall entitle
the person receiving it to conduct business at the location designated
in the license, and such business shall not be carried on or conducted
in any other location than that designated in or by the license. No
secondhand dealer shall be permitted to solicit upon any street or
public highway of the City of Atlantic City, and no person, firm or
corporation shall conduct a house-to-house canvass for the purchase
or sale of secondhand or used watches, jewelry, precious stones, gold,
silver, wrought gold, or any other precious metals within the City.
Each applicant shall have three sets of fingerprints taken by
the Atlantic City Police Department. Fingerprints so furnished shall
become a part of the application. In the event of a partnership, all
partners, and in the event of a corporation, the president, vice president,
secretary and treasurer, shall be required to submit the above-mentioned
sets of fingerprints, which fingerprints so taken shall be submitted
to the Federal Bureau of Investigation and to such further authorities
as the Chief of Police may deem advisable, for comparison and record.
A.Â
Record of purchases, sales or exchanges.
(1)Â
Every Class A secondhand dealer shall keep a complete and accurate
computerized record of every transaction in a database at the time
of the transaction in English of every article received, purchased,
sold or exchanged by him, setting forth the following:
[Amended 11-15-2000 by Ord. No. 71-2000; 12-29-2003 by Ord. No.
73-2003; 2-11-2004 by Ord. No. 6-2004]
(a)Â
The date and time the dealer received the item of property.
(b)Â
The full name, date of birth, sex, social security number, current
residence address, telephone number and an accurate description of
the individual with whom the transaction is had, including sex, height,
weight, race, color of eyes and color of hair.
(c)Â
The price or consideration paid or received at the time of the
transaction; the true value of the article involved.
(d)Â
A complete and accurate description of every article received,
sold or exchanged, including, but not limited to, brand name, trademark,
color, design, number of stones, if jewelry, weight for jewelry, precious
metals and bulk metals, names, marks, model number, serial number
or other marks of identification appearing on said article.
[Amended 5-22-2013 by Ord. No. 29-2013]
(e)Â
A digital photograph shall be made by the dealer or employee,
at the time of acquisition of any regulated secondhand item, depicting
the item's serial number, which number shall be clearly visible and
readable in the photograph if imprinted on the item. If the item is
not imprinted with any type of serial number, then the photograph
shall show the entire item; the photograph shall be clearly focused
upon the item, and no more than 25% of the photograph area shall depict
anything other than the item. All such digital photographs shall be
submitted to the automated reporting system at the time of reporting,
immediately before completion of the transaction. Further, a digital
photograph of the seller's face, similar to those on accepted identification,
shall be made at the time of each and every acquisition and submitted
to the automated reporting system. The photograph shall be clearly
focused and shall show a frontal view of the seller's face. Digital
images shall be labeled and stored in such a manner that they are
safe from corruption, readily identifiable, and readily available
for review.
[Added 5-22-2013 by Ord. No. 29-2013]
(2)Â
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 the property is sold or disposed
of in any manner.
[Amended 11-15-2000 by Ord. No. 71-2000; 5-22-2013 by Ord. No.
29-2013]
(3)Â
The account of each transaction shall be numbered consecutively.
(4)Â
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 Chief of Police.
[Amended 11-15-2000 by Ord. No. 71-2000]
(5)Â
The dealer shall legibly write in English on the tag the date of
the purchase or receipt of the article and a number corresponding
with the property in the dealer's electronic records system.
[Amended 12-29-2003 by Ord. No. 73-2003; 2-11-2004 by Ord. No.
6-2004]
(6)Â
The tag shall remain on the property until such time as the property
is sold or disposed of by the dealer.
(7)Â
Each Class A dealer shall secure and record in the database the name
and address of the person purchasing or otherwise acquiring any item
sold or disposed of in any manner as well as the date and time of
the transaction.
[Amended 11-15-2000 by Ord. No. 71-2000; 5-22-2013 by Ord. No.
29-2013 ]
(8)Â
All records made pursuant to this section shall be maintained by
the dealer at the dealer's place of business on a floppy disk
for a period of not less than one year after the date the property
is sold or disposed of in any manner. Dealers must also maintain a
current clear and legible hard copy of all electronically maintained
records, prepared simultaneously with all transactions, and these
records shall also be available for inspection for a similar one-year
period after the date the property is sold or disposed of in any manner.
[Amended 11-15-2000 by Ord. No. 71-2000]
B.Â
Identification cards.
[Amended 11-15-2000 by Ord. No. 71-2000]
(1)Â
The Class A secondhand dealer shall, at the time of making each transaction,
require the seller to write his 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 recorded
in the computerized transaction record of the database. If such person
is unable to write, he 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. The Class A secondhand dealer shall
include an electronic thumbprint recorded into the database by a digital
fingerprint scanner.
[Amended 5-22-2013 by Ord. No. 29-2013]
(2)Â
The dealer shall require and inspect identification from the seller
or person delivering the property and note in the transaction record
of the database the type of ID exhibited as well as the driver's license
number or identification number.
[Amended 12-29-2003 by Ord. No. 73-2003; 2-11-2004 by Ord. No.
6-2004; 5-22-2013 by Ord. No. 29-2013]
(a)Â
The following are the only acceptance forms of identification:
[1]Â
Current valid New Jersey driver's card.
[2]Â
Current valid New Jersey identification card.
[3]Â
Current valid driver's license or identification card issued
by another state, the District of Columbia or province of Canada.
[4]Â
U.S. military/government identification card, i.e. Army, Navy, Air
Force, Marines, Coast Guard.
[5]Â
Counties of New Jersey ID Cards.
[6]Â
US Passport
(b)Â
The identification must, at minimum, bear a true photograph
of the person presenting it, date of birth, description of the person
and an address for the person.
(3)Â
The dealer shall enter all identifying numbers and letters to the
extent contained in the identification provided by the seller or person
delivering the property and enter all in the transaction record of
the database.
C.Â
Reports to the Chief of Police. At the close of business every day, all Class A secondhand dealers shall deliver by electronic modem to the Chief of Police from their database all records required in § 215-6A(1) through (3) of every and all articles or things received by them that business day (except as to the purchase of rags, old iron and paper), together with all corrected reportable transactions from previous dates. The Chief of Police shall have the power and authority to require such to be done in a manner and form subject to his 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 Atlantic City.
[Amended 4-14-1993 by Ord. No. 29-1993; 11-15-2000 by Ord. No.
71-2000; 12-29-2003 by Ord. No. 73-2003; 2-11-2004 by Ord. No.
6-2004]
[Amended 11-15-2000 by Ord. No. 71-2000; 5-22-2013 by Ord. No.
29-2013]
A.Â
Maintenance of records. Each Class B secondhand dealer shall keep
at his or her place of business a database of each transaction involving
used personal property, setting forth the following:
(1)Â
An
accurate and complete description of the goods, article or thing received
in trade or part payment for other merchandise, including, but not
limited to, brand name, trademark, color, design, number of stones,
if jewelry, weight for jewelry, precious metals and bulk metals, names,
marks, model number, serial number or other marks of identification
appearing on said article.
(2)Â
The
date of receipt.
(3)Â
The
name, sex, race, date of birth and address of the person from whom
acquired.
(4)Â
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.
B.Â
Reports to the Chief of Police. All Class B secondhand dealers shall
deliver to the Chief of Police from their database all records, by
electronic modem, of every and all articles or things received by
them that business day (except as to the purchase of rags, old iron
and paper) with the amount paid therefor, the time and date of the
transaction, together with all corrected reportable transactions from
previous dates. The Chief of Police shall have the power and authority
to require such to be done in a manner and form subject to his 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 Atlantic
City.
A.Â
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 and the Chief of Police is notified 24 hours prior
to the transaction of the pertinent information required under this
chapter.
B.Â
All Class A secondhand goods dealers shall place a sign, eight inches
high by 11 inches wide, that is clearly visible to any person or persons
making a sale of any secondhand good, in letters that are in bold
type and in characters that are at least one inch in height, stating
the following: "After a period of not less than 15 business days the
purchase of any and all property is subject to resale to anyone or
destruction."
C.Â
Purchases from minors. No dealer in secondhand goods shall purchase
or receive any article of secondhand personal property from a minor
unless the minor's parent or legal guardian is physically present
during the transaction, and presents the identification required by
this chapter.
D.Â
Melting, wrecking and remodeling. No secondhand dealer shall take
apart or melt down any jewelry, watch, watch case or article composed
or manufactured in all or in part of gold, silver or platinum until
he shall have made a record of his intention to do so, along with
all other data recorded in his 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 designate and written approval has been given for such melting,
wrecking or remodeling prior to the completion of the aforesaid period.
E.Â
Database inspection. The aforesaid database 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 person duly authorized in writing by the Chief of Police.
[Amended 11-15-2000 by Ord. No. 71-2000]
F.Â
Inspection, seizure and detention of property by police.
(1)Â
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 Atlantic City Police Department to examine
any database, 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.
[Amended 11-15-2000 by Ord. No. 71-2000]
(2)Â
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 molest, hinder or in any manner prevent any official
lawfully authorized or any member of the 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.
(3)Â
Upon taking possession of an article or articles, the 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)Â
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 Atlantic City 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)Â
The property clerk of the Atlantic City Police Department shall notify
the dealer in writing of any disposition of the property. Notice shall
include the date of disposition and the name of the person receiving
the property.
(6)Â
In lieu of taking possession of secondhand goods pursuant to this
chapter, a member of the Atlantic City Police Department may place
a temporary detainer on the property for a period not to exceed 60
calendar days from the date the dealer is notified. The detainer shall
be confirmed electronically, or in writing, within 24 hours of the
notification, or the next business day.
[Amended 12-29-2003 by Ord. No. 73-2003; 2-11-2004 by Ord. No.
6-2004]
(7)Â
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)Â
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.
G.Â
Goods to be kept without concealment for 15 business days.
(1)Â
Every dealer in secondhand goods, except furniture and carpet, must
keep without concealment for a period of 15 business days, subject
to inspection by any police officer, all goods, wares and merchandise
except furniture, carpets, papers and rags purchased or received from
any person before selling, shipping or otherwise disposing of same,
provided that furniture and carpets shall be kept for a period of
three business days only, unless the article proposed to be sold,
shipped or otherwise disposed of has been sooner inspected by the
Chief of Police or his designate and receives written approval for
such selling, shipping or disposal.
(2)Â
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.
H.Â
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.
I.Â
Hours of business. No Class A secondhand dealer shall transact any
business between the hours of 2:00 a.m. and 8:00 a.m. There shall
be no restrictions as to time as to Class B and Class C secondhand
dealers.
[Amended 6-27-1984 by Ord. No. 45-1984; 3-20-1985 by Ord. No.
14-1985]
J.Â
Method of delivering reportable transactions.
[Added 12-29-2003 by Ord. No. 73-2003; amended 2-11-2004 by Ord. No.
6-2004]
(1)Â
Licensees must provide to the Police Department all reportable transaction
information by transferring it from their computer to the automated
pawn system via modem using the current version of the automated pawn
system interchange file specification. All required records must be
transmitted completely and accurately after the close of business
each day in accordance with standards and procedures established by
the Police License Inspector. Any transaction that does not meet the
automated pawn system interchange file specification must be corrected
and resubmitted the next business day.
(2)Â
If a licensee is unable to successfully transfer the required reports
by modem, the licensee must provide the Police Department, upon request,
printed copies of all portable transactions for that date by noon
the next business day;
(3)Â
If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must continue to provide the required reports as detailed in § 215-6C and must be charged a fifty-dollar reporting failure penalty, daily, until the error is corrected; or
(4)Â
If the problem is determined to be outside the licensee's system, the licensee must continue to provide the required reports in § 215-6C and resubmit all such transactions via modem when the problem is corrected.
(5)Â
Regardless of the cause or origin of the technical problems that
prevented the licensee from uploading their reportable transactions,
upon correction of the problem, the licensee shall upload every reportable
transaction from every business day the problem had existed.
(6)Â
The Chief of Police may, upon presentation of extenuating circumstances,
delay implementation of the daily reporting failure penalty.
K.Â
Billable transaction fees. Licensees will be charged for each billable
transaction reported to the Police Department. If a licensee is unable
to successfully transfer the required reports by modem, the licensee
must provide the Police Department, upon request, printed copies of
all reportable transactions for that date by noon the next business
day.
[Added 12-29-2003 by Ord. No. 73-2003; amended 2-11-2004 by Ord. No.
6-2004]
A.Â
The provisions of this chapter shall not apply to any antique dealer
or licensed coin dealer who deals strictly in his respective specialty.
Any of the aforesaid dealers who deal in any secondhand items which
are not their specialty are required to obtain a license pursuant
to this chapter.
B.Â
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 same.
A.Â
The Chief 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 to include but not be limited to:
[Amended 11-15-2000 by Ord. No. 71-2000]
(1)Â
Violation of any provision of the within chapter or other ordinances
of the City of Atlantic City.
(2)Â
Advertising of any kind by a dealer to purchase secondhand goods
without being licensed pursuant to the within chapter.
(3)Â
Failure of any person to state fully on his or her application for
a license any official place of business within the City, or any material
false representation.
(4)Â
Conviction of an offense or crime in connection with the operation
of a secondhand dealer's business.
(5)Â
Utilization of the business for the disposal of stolen goods.
(6)Â
Conducting the business in such a way as to make it a menace to the
health and welfare of the City.
B.Â
The secondhand dealer shall be liable and responsible for any of
the acts or omissions of the licensee's agents, clerks or employees.
[Amended 11-25-2008 by Ord. No. 104-2008]
Any person, firm or corporation violating any provision of this
chapter shall, upon conviction in the Municipal Court of the City
of Atlantic City, be punished for each offense by a fine not to exceed
$2,000 or by imprisonment for any term not to exceed 90 days in the
county jail or at any place provided by the municipality for the detention
of prisoners, or both, at the sole discretion of a Municipal Judge.
