[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 9-11-2013 by Ord. No. 1345. Amendments noted where applicable.]
The purpose and intent of this chapter is to assist law enforcement officials and victims of crime in recovering stolen precious metals, gems, gemstones and/or other articles by requiring minimum reporting, maintenance and distribution criteria for secondhand and transient dealers.
No person shall use, exercise or carry on the business, trade or occupation of buying 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 or other valuable articles, hereinafter referred to as "secondhand goods or articles," or being a secondhand dealer within the Borough of Lindenwold without having first obtained a license from the Borough of Lindenwold.
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 IDENTIFICATION
- Acceptable forms of identification include a current valid New Jersey driver's license or New Jersey identification card, a current valid photo driver's license issued by another state, a valid United States passport, or other verifiable United States government-issued identification.
- 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.
- CHIEF OF POLICE
- The Chief of Police of the Borough of Lindenwold or his designee/representative.
- A computerized Internet-capable database with hardware and software compliant to that 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 or otherwise exchanges or trades secondhand gold, silver, precious metals, gems or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.
- DESIGNATED VENDOR
- A person or entity that 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 Borough of Lindenwold.
- GIFT CARD
- A restricted monetary equivalent or scrip that is issued by retailers or banks to be used as an alternative to a nonmonetary gift.
- ITINERANT BUSINESS
- Any business conducted intermittently within the Borough of Lindenwold or at varying locations.
- 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.
- PRECIOUS METALS
- 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 retail sellers, not to include wholesale transactions or transactions between other merchants.
- The exchange of money and the exchange, deposit, pledge, sale, conveyance or trade of any tangible or intangible article.
- REPORTABLE TRANSACTION
- Every transaction conducted by a dealer in which precious metals or other tangible property are purchased or exchanged from or with the public.
- SECONDHAND GOODS
- 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, telephones and telephonic equipment, scales, computers, computer hardware and software, coins, electronic tablets, cameras, 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 or other valuable articles.
- TRANSIENT BUYER
- A dealer who has not been in any retail business continuously for at least six months at any address in the municipality where the dealer is required to register or who intends to close out or discontinue all retail business in the Borough of Lindenwold within six months. Or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
Initial license application process. Every dealer intending on conducting business within the jurisdiction of the Borough of Lindenwold shall first make application to the Mercantile Clerk or designee and shall complete the application.
Upon initial application and fee to the Mercantile Clerk or designee, each dealer shall provide proof that the dealer has obtained computer equipment and software required in § 234-6 of this chapter for purposes of reporting all transaction data in electronic format to the Lindenwold Police Department.
Each application for a dealer of secondhand goods license shall be accompanied by a fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-4, payable to the Clerk or designee by January 10 annually.
The fee for the electronic database software system shall be as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-4. The database software system fee shall be paid by the dealer and shall be in addition to the annual mercantile license fee. The dealer shall pay all fees annually, on or before January 10 of each year, and shall pay the mercantile fee and database software system fee separately.
[Added 11-6-2013 by Ord. No. 1352]
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.
No license fee shall be prorated.
Licenses issued under the provisions of this chapter may be revoked by the Chief of Police after a hearing upon notice to the applicant for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license;
Fraud, misrepresentation or false statement made in the course of carrying on the business of purchasing secondhand precious metals, gems and jewelry;
Any violation of this chapter;
Conviction of any crime or disorderly persons offense involving moral turpitude; and
Conducting the business of soliciting or canvassing 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 or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing.
Procedures; written complaint; notice; hearing.
A complaint seeking the revocation of a license may be filed by the Chief of Police or any designate of the Chief of Police who is an active member of the Lindenwold Police Department. Such complaint shall be in writing and filed with the Borough Clerk or designate. The complaint shall be specific and shall be sufficient to apprise the licensee of the charges, so as to permit the licensee to present a defense. The individual filing the complaint may do so on the basis of information and belief and need not rely on personal information.
Upon filing of such written complaint, the Borough Clerk or designee shall immediately inform the Borough governing body, and a date for a hearing shall be scheduled, which shall not be sooner than 10 nor more than 30 days thereafter. The Borough Clerk or designee shall forward a copy of the complaint and a notice as to the date of the hearing to the licensee and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient.
The hearing required by this section shall be held before the Borough governing body, unless, in its discretion, the Borough determines that the matter should be heard by a hearing officer, who shall be appointed by the Borough. If the matter is referred to a hearing officer, such officer shall transmit the findings of fact and conclusions of law to the Borough within 30 days of the conclusion of the hearing. The Borough shall then review the matter and may accept, reject or modify the recommendations of the hearing officer based upon the record before the hearing officer. In the event the matter is not referred to a hearing officer and is heard by the Borough, then the Borough shall render a decision within 30 days of the conclusion of the hearing. Following the hearing, a decision shall be rendered, either dismissing the complaint, revoking or suspending the license, or determining that the license shall not be renewed for one or more years.
A stenographic transcript may be made of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply, and the evidential rules and burdens of proof shall be that which generally control administrative hearings.
The Borough Solicitor or his designee shall appear and prosecute on behalf of the complainant at all hearings conducted pursuant to this chapter.
Every dealer within the Borough of Lindenwold shall, upon the purchase of any precious metals or second hand goods from the public, be required to do as follows:
Record 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. This information is to be documented through use of an electronic database software system as designated by the Chief of Police. These records shall be subject to the inspection of any authorized police officer of the Borough of Lindenwold.
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 within 48 hours from the date of purchase. The information entered will contain the information in Subsection A above, plus the following:
A physical description of the seller.
The receipt number.
A full description of the item or items purchased, including but not limited to marks, numbers, dates, sizes, shapes, initials, monograms and serial numbers.
The price paid for the item.
The form must be signed by the seller.
The form must be legibly initialed by the Clerk or the dealer who made the transaction so as to readily identify that individual
A color photograph or color image of the seller's presented identification.
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.
Items should not be grouped together when photographing or imaging; each item will have its own color photograph or color image.
The precious metals are to be made available for inspection by the Chief of Police of the Borough of Lindenwold or a designee of the Chief of Police for a period of five days from the date the information required above is received by the Chief of Police on the approved form. The precious metals shall remain in the same condition as when purchased and shall not be changed, modified, melted or disposed of by the purchaser until the five-day period has expired. During this five-day period, the precious metals shall be placed in public view at the purchaser's place of business. If the property is such that it would create a hardship on the dealer by holding the precious metals for such period, the dealer may present the property to the Chief of Police 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.
In the event 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 transaction information 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 the ordinance and subsequently being subject to the penalties for doing so.
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 Lindenwold Police Department to examine any database, book, ledger or any other record on the premises relating to the purchase of precious metals from the public, 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 the officer or official has probable cause to believe the article is missing or stolen.
This chapter shall not apply to purchases made by jewelers or other dealers from wholesalers or other suppliers but shall only apply to those purchases made from the public or other retail purchases. 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 Lindenwold Borough Police Department.
No dealer within the Borough of Lindenwold shall purchase any precious metals from any person under the age of 18 years.
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, § 1-1, of this Code. Each and every violation shall be considered a separate violation. Every day that a violation continues shall be a separate violation. Each violation shall result in an additional ten-day suspension. Any person who is convicted of violating the provisions of this chapter within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall be calculated separately from the fine imposed for the violation of this chapter.