[HISTORY: Adopted by Mayor and Council of the Borough of
Wenonah 8-27-2020 by Ord. No. 2020-14. Amendments noted where applicable.]
A.Â
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.
B.Â
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 or any item that contains a serial number/identification
number or other distinctive marker, hereinafter referred to as "secondhand
goods or articles," or being a secondhand dealer within the Borough
without first obtaining a license from the Borough.
A.Â
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.Â
ADVERTISE and/or ADVERTISEMENT
APPLY and/or APPLIED
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(2)Â
ARTICLE
GIFT CARD
ITINERANT BUSINESS
MERCHANT
PERSON
PLEDGE
PLEDGOR
PRECIOUS METALS, GEMS, GEMSTONES
PUBLIC
PURCHASE
REPORTABLE TRANSACTION
SECONDHAND GOODS
SECONDHAND WATCH
TRANSIENT BUYER
(1)Â
(2)Â
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; or
Anything attached to the article; or
Anything to which the article is attached; or
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.
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 Borough.
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.
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 Borough 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.Â
Precious metals, gems and gemstones.
(1)Â
Permit required.
(a)Â
Prior to buying, attempting to buy or offering to buy any precious metals, gems or gemstones, no person, as defined in § 38-2, shall engage in such business without first obtaining a permit from the Borough.
(b)Â
The Borough Clerk shall, on application reviewed and signed
by the Chief of Police, issue an appropriate permit. Each applicant
is required to:
[1]Â
Provide full name.
[2]Â
Provide current address.
[3]Â
Provide current telephone number.
[4]Â
Provide date of birth.
[5]Â
Provide two forms of identification, one of which shall contain
a photograph.
[6]Â
Provide three sets of fingerprints taken by the Mantua Township
Police Department.
[7]Â
Pay an annual fee for the purpose of registering with a computer
program database, as chosen by the Chief of Police at his or her discretion,
that tracks secondhand dealer(s) transactions. The fee is determined
by the database business and will be paid directly to them.
[8]Â
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)Â
All permits included in this section shall expire on December
31 of the year in which they were issued.
(d)Â
All permit renewals shall be required to undergo the same process
as the initial permit application.
(e)Â
All permits shall be displayed in a location at the place of
business which is easily visible to the public.
(f)Â
Exceptions. Where a transient buyer intends to conduct business
in the Borough for five days or less per calendar year, the annual
permitting fee shall be reduced to $50.
(2)Â
Registration.
(a)Â
A merchant of precious metals, gems or gemstones shall, prior
to buying, attempting to buy or offering to buy, register with the
Borough, providing the following information on a form prescribed
by the Police Department:
(3)Â
Bond. A bond shall be obtained in accordance with N.J.A.C. 13:47C-6
or as otherwise required by law.
(4)Â
Recordkeeping. Every merchant within the Borough shall, upon the
purchase of any precious metal, gem or gemstone from the public, be
required as follows:
(a)Â
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; and 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)Â
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.
[1]Â
The information entered will contain all information outlined in § 38-3A(4)(a) in addition to the following:
[a]Â
A physical description of the seller.
[b]Â
The receipt number.
[c]Â
A full description of the articles purchased, including, but
not limited to, marks, numbers, dates, sizes, shapes, initials and
monograms.
[d]Â
The price paid for the article.
[e]Â
The form shall be signed by the seller and initialed by the
merchant who made the transaction.
[f]Â
The form must be legibly initialed by the clerk or the dealer
who made the transaction, so as to readily identify that individual.
[g]Â
A color photograph or color image of the seller's presented
identification.
[h]Â
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.
[i]Â
Items should not be grouped together when photographing or imaging;
each item will have its own color photograph or color image.
[2]Â
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)Â
Inspection, maintenance and possession.
[1]Â
The precious metals, gems and gemstones are to be made available
for inspection to the Chief of Police, 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.
[2]Â
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.
[3]Â
The merchant shall allow the police officer to take possession
of any article known by the Mantua Township Police Department to be
missing or to have been stolen, or where the police officer has probable
cause to believe the article is missing or stolen.
[4]Â
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.
[5]Â
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.
[6]Â
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)Â
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 Mantua 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)Â
Advertisements.
(a)Â
Advertising, as defined in § 38-2, that precious metals, gems and/or gemstones are being purchased in any location within the Borough shall constitute "engage[ing] in such business" for the purposes of this section.
(b)Â
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]Â
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]Â
In any electronic media advertisement, the permit number shall
be visually and/or audibly stated.
[3]Â
Failure to include the permit number in any advertisement shall
constitute a violation.
B.Â
Secondhand goods.
(1)Â
Permit required.
(a)Â
Prior to buying, attempting to buy or offering to buy any secondhand article, no person, as defined in § 38-2, shall engage in such business without first obtaining a permit from the Borough.
(b)Â
The Borough Clerk shall, on application reviewed and signed
by the Chief of Police, issue an appropriate permit. Each applicant
is required to:
[1]Â
Provide full name.
[2]Â
Provide current address.
[3]Â
Provide current telephone number.
[4]Â
Provide date of birth.
[5]Â
Provide two forms of identification, one of which shall contain
a photograph.
[6]Â
Provide three sets of fingerprints taken by the Mantua Township
Police Department.
[7]Â
Pay an annual fee for the purpose of registering with a computer
program database, as chosen by the Chief of Police at his or her discretion,
that tracks secondhand dealer(s) transactions. The fee is determined
by the database business and will be paid directly to them.
(c)Â
All permits included in this section shall expire on December
31 of the year in which they were issued.
(d)Â
All permit renewals shall be required to undergo the same process
as the initial permit application.
(e)Â
All permits and licenses shall be displayed in a location at
the place of business which is easily visible to the public.
(f)Â
Exceptions. Where a transient buyer intends to conduct business
in the Borough for five days or less per calendar year, the annual
permitting fee shall be reduced to $50.
(2)Â
Registration.
(a)Â
A merchant of secondhand goods, prior to buying, attempting
to buy or offering to buy, must register with the Borough, providing
the following information on a form prescribed by the Police Department:
(3)Â
Recordkeeping. In the case of business done on Saturday, such report
shall be delivered before 11:00 on the succeeding Monday.
(a)Â
Through the use of applicably required computer equipment, and
using the electronic format approved by the Chief of Police, the merchant
shall enter all transactions into the electronic database within 48
hours from the date of purchase.
[1]Â
The information entered will include the following:
[a]Â
A physical description of the seller.
[b]Â
The receipt number.
[c]Â
A full description of the articles purchased, including, but
not limited to, marks, numbers, dates, sizes, shapes, initials and
monograms.
[d]Â
The price paid for the article.
[e]Â
The form shall be signed by the seller and initialed by the
merchant who made the transaction.
[f]Â
The form must be legibly initialed by the clerk or the dealer
who made the transaction, so as to readily identify that individual.
[g]Â
A color photograph or color image of the seller's presented
identification.
[h]Â
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.
[i]Â
Items should not be grouped together when photographing or imaging;
each item will have its own color photograph or color image.
[2]Â
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.
(b)Â
Inspection, maintenance and possession.
[1]Â
The secondhand article is to be made available for inspection
by the Chief of Police, 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.
[2]Â
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.
[3]Â
The merchant shall allow the police officer to take possession
of any article known by the Mantua Township Police Department to be
missing or to have been stolen, or where the police officer has probable
cause to believe the article is missing or stolen.
[4]Â
If the property is such that it would create a hardship on the
merchant by holding the secondhand article 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.
[5]Â
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.
[6]Â
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.Â
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.Â
Security camera.
(1)Â
Every dealer in precious metals, gems or gemstones, and/or secondhand
goods shall have in operation at least one interior video camera,
which camera and location shall be approved by the Mantua Township
Police Department.
(2)Â
Security camera records shall be kept for 72 hours and shall be made
available to the Mantua Township Police Department upon request.
E.Â
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 for a period of six months from the date of such purchase,
which records shall be opened to investigation by the Mantua Township
Police Department upon request.
F.Â
Purchases from minors. No merchant within the Borough shall purchase
any article from any person under the age of 18 years.
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 nor exceed the maximum
fine provided herein, and same shall be calculated separately from
the fine imposed for the violation of this chapter.
A.Â
Permits issued under the provisions of this chapter may be revoked
by the Chief of Police after a hearing before the Borough Administrator
and upon written notice to the dealer, for any of the following causes:
(1)Â
Fraud, misrepresentation, or false statement contained in the application
for a permit;
(2)Â
Fraud, misrepresentation, or false statement made in the course of
carrying on the business of purchasing secondhand precious items as
defined herein;
(3)Â
Any other violation of this chapter;
(4)Â
Conviction of any crime or disorderly persons' offense involving
moral turpitude;
(5)Â
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.
B.Â
Notice of the hearing before the Borough Administrator for revocation
of a permit 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 permittee at his last known
address at least five days prior to the date set for the hearing.