[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 12-8-2011 by Ord.
No. 2011-09; amended in its entirety 8-5-2015 by Ord. No. 2015-13.
Subsequent amendments noted where applicable.]
The purpose and intent of this chapter is to assist law enforcement
officials 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 Township of West Deptford without first obtaining a license
from the Township of West Deptford.
A.
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.
B.
ADVERTISE and/or ADVERTISEMENT
APPLY and/or APPLIED
(1)
(2)
(3)
(4)
(5)
ARTICLE
GIFT CARD
ITINERANT BUSINESS
MERCHANT
PERSON
PLEDGE
PLEDGER
PRECIOUS METALS, GEMS, GEMSTONES
PUBLIC
PURCHASE
REPORTABLE TRANSACTION
SECONDHAND GOODS
SECONDHAND WATCH
TRANSIENT BUYER
As used in this chapter, the following terms shall have the meanings
herein:
Any attempt directly or indirectly by publication, dissemination,
solicitation, endorsement or circulation or in any other way to induce
directly or indirectly any person to enter or not enter into any obligation
or acquire any title or interest in any article.
Any method or means of application or attachment to, or of
use on, or in connection with, or in relation to, an article whether
such application, attachment, or use is to, on, by, in or with:
The article itself;
Anything attached to the article;
Anything to which the article is attached;
Anything in or on which the article is; or
Anything so used or placed as to lead to a reasonable belief
that the mark on that thing is meant to be taken as a mark on the
article itself.
Or as so defined in N.J.S.A. 51:6-1.
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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.
A restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
Any business conducted intermittently within the Township
of West Deptford.
One who purchases from the public and sells or otherwise
exchanges, conveys, alters or trades an article.
Any individual natural persons, partnerships, joint ventures,
businesses, societies, associates, clubs, trustees, trusts, corporations,
or unincorporated groups, or any officers, agents, employees, servants,
factors or any form of personal representatives of any thereof, in
any capacity, acting for self or on behalf of another.
An article or articles deposited with a secondhand merchant
in the course of his/her business. Or as so defined in N.J.S.A. 45:22-1.
A person who delivers the pledge into the possession of a
secondhand merchant, unless such person discloses that he/she is or
was acting for another, and in such an event "pledger" shall mean
the disclosed principal. Or as so defined in N.J.S.A. 45:22-1.
Articles 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.
Every transaction conducted by a dealer in which precious
metals, or other tangible property, are purchased or exchanged from
or with the public.
Any article previously sold, acquired, exchanged, conveyed,
traded or otherwise formerly owned, including but not limited to 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.
As defined in N.J.S.A. 45:22-38.
A merchant who has not been in any retail business continuously
for at least six months at that address in the municipality where
the merchant is required to register or who intends to close out or
discontinue all retail business in the Township of West Deptford within
six months. Or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
A.
Precious metals, gems and gemstones.
(1)
Permit required.
(a)
Prior to buying, attempting to buy or offering to buy any precious metals, gems or gemstones, no person, as defined in § 122-2, shall engage in such business without first obtaining a permit from the Township of West Deptford.
(b)
The Township Clerk shall, on application reviewed and signed
by the Chief of Police, issue an appropriate permit. Each applicant
is required to:
[1]
Provide full name.
[2]
Provide current address.
[3]
Provide current telephone number.
[4]
Provide date of birth.
[5]
Provide two forms of identification, one of which shall contain
a photograph.
[6]
Provide three sets of fingerprints taken by the West Deptford
Township Police Department.
[7]
Pay to the Township of West Deptford an annual fee as provided in Chapter 11, Fees. This fee will be used for the purpose of registering with the West Deptford Township Police Department in R.A.P.I.D., which is a computer program that tracks secondhand dealer transactions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[8]
Provide original of bond as required by N.J.S.A. 45:22-7 and
N.J.A.C. 13:47C-6 or as otherwise required by law.
(c)
All permits included in this section shall expire on December
31 of the year in which they were issued.
(d)
All permit renewals shall be required to undergo the same process
as the initial permit application.
(e)
All permits shall be displayed in a location at the place of
business which is easily visible to the public.
(f)
Exceptions: Where a transient buyer intends to conduct business in the Township of West Deptford for five days or less per calendar year, the annual permitting fee shall be reduced to such amount as provided in Chapter 11, Fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Registration.
(a)
A merchant of precious metals, gems or gemstones shall, prior
to buying, attempting to buy or offering to buy, register with the
West Deptford Township providing the following information on a form
prescribed by the Police Department:
(3)
Bond. A bond shall be obtained in accordance with N.J.A.C. 13:47C-6
or as otherwise required by law.
(4)
Recordkeeping. Every merchant within the Township of West Deptford
shall, upon the purchase of any precious metal, gem or gemstone from
the public, be required as follows:
(a)
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, silver,
sterling coin, gem or gemstones, and/or as in accordance with 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. All merchants regulated under this chapter shall weigh the article
in plain view of the seller and on a scale certified and calibrated
by the New Jersey Department of Weights and Measures.
(b)
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 all information outlined in § 122-3A(4)(a), in addition to the following:
[1]
A physical description of the seller.
[2]
The receipt number.
[3]
A full description of the articles purchased, including but
not limited to marks, numbers, dates, sizes, shapes, initials and
monograms.
[4]
The price paid for the article.
[5]
The form shall be signed by the seller and initialed by the
merchant who made the transaction.
[6]
The form must be legibly initialed by 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
identification.
[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.
[9]
Items should not be grouped together when photographing or imaging;
each item will have its own color photograph or color image.
[10]
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. 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 chapter and subsequently being subject to the penalties
for doing so.
(c)
The precious metals, gems and gemstones are to be made available
for inspection to the Chief of Police of the Township of West Deptford,
or his/her duly designated representative, for a period of five days
from the date the information required above is received by the Chief
of Police.
The precious metals, gems and/or gemstones shall remain in the
same condition as when purchased and shall not be changed, modified,
melted, altered or disposed of by the merchant until the five-day
period has expired. During this five-day period, the precious metals,
gems and/or gemstones shall be in public view at the merchant's place
of business.
If the property is such that it would create a hardship on the
merchant by holding the precious metal, gem and/or gemstone for such
period, the merchant may present the property to the Chief of Police,
or his/her duly designated representative, so that it may be photographed
and, if deemed necessary by the Chief of Police, or his/her duly designated
representative, an investigation shall be initiated into the purchase.
The Chief of Police, or his/her duly designated representative,
has the authority to grant the merchant a waiver of the requirement
under this section. The waiver shall be on official Department of
Police stationery and executed by the Chief of Police, or his/her
duly designated representative. The original of said waiver shall
be retained by the Department of Police and a copy shall be retained
by the merchant.
All records shall be kept and maintained for a period of not
less than two years from the date of transaction. All records shall
further be available for inspection by the Chief of Police or his
duly designated representative during this period.
(d)
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 members of the West Deptford 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.
(5)
Advertisements.
(a)
Advertising, as defined in § 122-2, that precious metals, gems and/or gemstones are being purchased in any location within the Township of West Deptford shall constitute "engage[ing] in such business" for the purposes of this section.
(b)
No person shall place or cause to be placed any advertisement
for purchase of precious metals, gems and/or gemstones without stating
in the advertisement the permit number under which the merchant operates.
[1]
In any print media advertisement, the permit number shall appear
in type no smaller than eight point. The permit number shall appear
in the lower right-hand corner of the advertisement.
[2]
In any electronic media advertisement, the permit number shall
be visually and/or audibly stated.
[3]
Failure to include the permit number in any advertisement shall
constitute a violation.
B.
Secondhand goods.
(1)
Permit required.
(a)
Prior to buying, attempting to buy or offering to buy any secondhand article, no person as defined in § 122-2, shall engage in such business without first obtaining a permit from the Township of West Deptford.
(b)
The Township Clerk shall, on application reviewed and signed
by the Chief of Police, issue an appropriate permit. Each applicant
is required to:
[1]
Provide full name.
[2]
Provide current address.
[3]
Provide current telephone number.
[4]
Provide date of birth.
[5]
Provide two forms of identification, one of which shall contain
a photograph.
[6]
Provide three sets of fingerprints taken by the West Deptford
Township Police Department.
[7]
Pay to the Township of West Deptford an annual fee as provided in Chapter 11, Fees. This fee will be used for the purpose of registering with the West Deptford Township Police Department in R.A.P.I.D., which is a computer program that tracks secondhand dealer transactions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
All permits included in this section shall expire on December
31 of the year in which they were issued.
(d)
All permit renewals shall be required to undergo the same process
as the initial permit application.
(e)
All permits and licenses shall be displayed in a location at
the place of business which is easily visible to the public.
(f)
Exceptions: Where a transient buyer intends to conduct business in the Township of West Deptford for five days or less per calendar year, the annual permitting fee shall be reduced to such amount as provided in Chapter 11, Fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Registration.
(a)
A merchant of secondhand goods, prior to buying, attempting
to buy or offering to buy, must register with the West Deptford Township
providing the following information on a form prescribed by the Police
Department:
(3)
Recordkeeping. In the case of business done on Saturday, such report
shall be delivered before 11:00 a.m. on the succeeding Monday.
(a)
The secondhand article is to be made available for inspection
by the Chief of Police of the Township of West Deptford, or his/her
duly designated representative, for a period of five days from the
date the information required above is received by the Chief of Police.
The secondhand article shall remain in the same condition as
when purchased and shall not be changed, modified, melted, altered
or disposed of by the merchant until the five-day period has expired.
During this five-day period, the secondhand article shall be in public
view at the merchant's place of business.
If the property is such that is would create a hardship on the
merchant by holding the precious metal, gem and/or gemstone for such
period, the merchant may present the property to the Chief of Police,
or his/her duly designated representative, so that it may be photographed
and, if deemed necessary by the Chief of Police, or his/her duly designated
representative, an investigation shall be initiated into the purchase.
The Chief of Police, or his/her duly designated representative,
has the authority to grant the merchant a waiver of the requirement
under this section. The waiver shall be on official Department of
Police stationery and executed by the Chief of Police, or his/her
duly designated representative. The original of said waiver shall
be retained by the Department of Police and a copy shall be retained
by the merchant.
All records shall be kept and maintained for a period of not
less than two years from the date of transaction. All records shall
further be available for inspection by the Chief of Police or his
duly designated representative during this period.
C.
Secondhand watches. In addition to those requirements as found in
this chapter, the sale of secondhand watches shall be in accordance
with N.J.S.A. 45:22-35 through 45:22-40.
D.
Nonapplicability. This chapter shall not apply to purchases made
by jewelers or other merchants from wholesalers or other suppliers
but shall only apply to those purchases made from the public or other
retail purchases. The merchant shall keep records of all wholesale
purchases from a period of six months from the date of such purchase,
which records shall be opened to investigation by the Township of
West Deptford Police Department upon request.
E.
Purchases from minors. No merchant within the Township of West Deptford
shall purchase any article from any person under the age of 18 years.
F.
Violations and penalties. Any person, firm or corporation violating
any provisions of this chapter shall, upon conviction thereof in the
Municipal Court, be punished by a minimum fine of $100 or a maximum
fine of $1,000 or by imprisonment for a term not exceeding 90 days
or by a period of community service not exceeding 90 days. Each and
every violation shall be considered a separate violation. Any person
who is convicted of violating the provisions of this chapter within
one year of the date of a 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 not be less than the minimum or
exceed the maximum fine provided herein and same shall be calculated
separately from the fine imposed for the violation of this chapter.