Borough of East Rutherford, NJ Secondhand Dealers

No person shall engage in or carry on the business of dealer in secondhand motor vehicles or parts thereof in the Borough of East Rutherford without obtaining a license as provided in this article.

This article shall not apply to a casual sale of a single motor vehicle previously owned and operated by the seller.

§ 231-3 Application for license.

Every applicant for a license shall make a separate application for the granting of a separate and distinct license for each separate and distinct location where said business is to be maintained and operated.

Said application shall set forth the following:

(1)

The name of the person making such application, his residence and business address.

(2)

The premises upon which said business is to be conducted, giving the street frontage and approximate depth of said premises.

(3)

Such other information as the Borough Council may require in order to determine the fitness of the applicant to conduct the business and the adequacy of the premises to be used.

The full amount of the fee shall accompany the application.

§ 231-4 License fee.

The fee for such license shall be $500 per year for each and every separate and distinct license, and such license when so issued shall in no way be construed so as to permit operation under the license upon any other location other than that set forth and described in the application for the license.

§ 231-5 Inspection.

Any member of the Borough Council, any member of the Board of Health, the Health Officer, the Chief of Police or any authorized agent of the Borough of East Rutherford shall have the right at any and all reasonable times to inspect any or all parts of the licensed premises.

Article II Jewelry, Coins and Precious Metals

[Adopted 2-15-1982 by Ord. No. 82-1; amended in its entirety 8-18-2009 by Ord. No. 2009-12]

§ 231-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:

DEALER

Any person, partnership or corporation who, through any means buys or sells secondhand gold, silver, precious metals, jewelry or coins; and includes anyone advertising the purchase or sale of any of the aforementioned items, whether or not a fixed place of business is maintained for such purposes.

MINOR

Any person under the age of 18 years.

§ 231-7 License required; fee.

Each dealer conducting business within the jurisdiction of the Borough of East Rutherford shall first register with the Chief of Police, submit his or her fingerprints and allow the East Rutherford Police Department to conduct a criminal history check. After registration by the Chief of Police, said dealer shall obtain a license from the Borough Clerk by paying a fee of $75 plus the amount required by the State of New Jersey for the fingerprint fee.

§ 231-8 Records.

Each dealer shall maintain a complete record of each purchase and sale, a clear and accurate description of any items of jewelry or precious metals purchase, including the amount paid, indicating a photograph of, and the name, residence, occupation, age and description of the person from whom the items were purchased, received or sold as well as take a digital photograph of each item. The seller and the purchaser shall sign the log below the description of each transaction. These records shall be subject to the inspection of any authorized police officer of the Borough of East Rutherford at any time.

If any article sold to any person regulated by the article, which normally carries or has a serial number or other means of identification, and such other means of identification has been removed, mutilated, defaced or destroyed, or melted down, such fact shall be immediately reported by the dealer to the Chief of Police.

§ 231-9 Inspections.

On each day the dealer shall transact business of the type described herein, he shall deliver to the Chief of Police a copy of the log concerning that day's business, and said copy of said log shall be delivered by noon of the following the date of said transaction.

§ 231-10 Restrictions.

Each dealer must require government-issued photo-identification of the person with whom it is transacting business. A copy of such identification shall be made and maintained by the dealer.

No transaction may be made with any minor.

No dealer shall sell, melt, change the form of or dispose of any article purchased or received until the expiration of five days from the date the notification is made to the Chief of Police, and all such items shall remain on the premises where the purchase was made at least five days. All such goods shall be retained in the original condition in which they were received during said five-day period.

§ 231-11 Exceptions.

This article shall have no application to the following businesses or transactions:

Financial institutions chartered under state or federal banking laws; or

Securities firms duly licensed under federal or state law.

Transactions involving loose teeth.

The purchase of coins, provided that when coins are purchased, the precious metal dealer must verify the seller's identification by taking down his name, address, driver's license and retain a complete description of the coins.

§ 231-12 Violations and penalties.

Any person as defined above who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.

A separate offense shall be deemed committed in each day during or on which a violation occurs or continues.

Each and every item of goods acquired in violation hereof shall be deemed a separate transaction and each failure of any person, firm or corporation to keep a record of each transaction and each failure of any person, firm or corporation to keep a record of each transaction as required by this article, or to make a report as required by this article, or to comply with any other provision hereof shall constitute a separate offense.