[HISTORY: Adopted by the Township of Howell 11-30-2010 by Ord. No.
O-10-26. Amendments noted where applicable.]
The purpose and intent of this chapter is to provide licensing
and regulation of individuals dealing in precious metals, gems, secondhand
goods and pawnbrokering to protect the residents of the Township of
Howell, and those transacting business in the Township of Howell as
permitted, in part, by N.J.S.A. 51:6A-1 et seq. Further, the licensing
and regulations of these individuals will further assist the Township
of Howell Police Department and others in recovering stolen goods.
In addition, in regard to precious metals and gems, this chapter shall
be complied with in addition to the laws, rules and regulations as
contained in N.J.S.A. 51:6A-1 et seq. and N.J.A.C. 13:47C-1.1 et seq.
As used in this chapter, the following term shall have the meaning
indicated:
Except as provided in Subsection B below, any person, partnership, limited-liability company, corporation or other entity who, either wholly or in part, engages in or operates a trade or business of buying and/or selling used goods or equipment in the Township of Howell, such as antiques, precious stones, gold, silver, platinum or other precious metals, jewelry, coins, any tools, television sets, radios, record or stereo sets, electronic devises, musical instruments, sporting goods, automotive equipment, collectibles, game cartridges, firearms, cameras and camera equipment, and video equipment.
The business of secondhand dealer shall not be deemed to include:
Judicial sales or sales by executors or administrators.
Occasional or auction sales of household goods sold from private
homes.
Auctions of real estate.
The occasional sale, purchase or exchange of coins or stamps
by a person at his permanent residence, or in any municipally owned
building by a person who is engaged in the hobby of collecting coins
or stamps, and who does not solicit the sale, purchase or exchange
of such coins or stamps to or from the general public by billboard,
sign, handbill, newspaper, magazine, radio, television or other form
of printed or electronic advertising.
No person, partnership, limited-liability company, corporation
or other entity shall engage in business as a secondhand dealer without
first obtaining a license from the Township Clerk.
A.Â
A separate license must be obtained for each separate place of business.
The number of licenses issued shall be limited to six. Any preexisting
duly licensed and operating second-hand dealer may be grandfathered
and may renew his or her license provided he or she provides proof
of prior legal licensure without any interruption in operation. In
the event a secondhand dealer shall cease to operate, the license
is not transferable.
[Amended 5-21-2013 by Ord. No. O-13-12]
B.Â
Advertising in any print or electronic media or by sign that any
articles or goods referred to in the definition of "secondhand dealer"
are being bought in any location within the Township of Howell shall
constitute engaging in business as a secondhand dealer for the purposes
of this chapter. No person shall place or cause to be placed any advertisement,
the license number issued to the individual or entity by the Township
of Howell. In any print advertisement and in the electronic media,
the license number shall be visually or audibly stated. Failure to
indicate the license number shall be a violation of this chapter.
A.Â
Upon receipt of an application by the Township Clerk completed pursuant
to this chapter, the Police Department shall make an investigation
of the prospective purchaser/licensee, pursuant to this chapter, for
the purpose of determining the suitability of the applicant for licensing.
Each license shall authorize the purchaser/licensee to conduct business
only at the location in which is indicated therein. Such investigation
shall include but shall not be limited to the following:
(1)Â
(2)Â
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources which shall be disclosed
to the applicant in the event of a denial of any license.
(3)Â
Criminal record of the applicant. All background checks shall be
conducted through MorphoTrak.
(4)Â
The type of operation contemplated to be conducted by the applicant,
particularly whether the business is to be operated from a fixed location,
whether it is to be conducted from a location primarily devoted to
the purchase and sale of precious gems and metals and related items
and other factors bearing upon whether the licensed business will
be of a fixed and permanent nature. This provision, however, shall
not be construed to require denial of any license solely on the grounds
that the business is not conducted from a fixed location.
B.Â
The Police Department shall complete any investigation pursuant to
this chapter within 30 days of the submission of the application to
the Township Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Police Department within that period, the
Chief of Police may, if all other factors are satisfactory, recommend
a conditional issuance of the license subject to the finding regarding
criminal records.
C.Â
The Chief of Police shall, upon completion of the investigation,
recommend, grant or deny the requested license to the Township Council.
The recommendation of the Chief of Police shall be in writing and
in the case of a recommendation of denial, shall state fully and specifically
the reasons for said recommendation. If the Township Council accepts
the recommendation of the Chief of Police to deny any license, the
Township Clerk shall notify the applicant by certified mail within
10 days of such denial and forward to the applicant a statement of
the reason or reasons for such denial.
D.Â
Grounds for recommending denial of a license by the Chief of Police
may include reliable information indicating that the applicant has
in the past engaged in fraudulent or deceptive business practices
in a business identical to or similar to the business for which the
applicant seeks a license pursuant to this chapter. A license may
be denied if the investigation conducted by the Police Department
reveals conviction of the applicant or any of its principal officers
or employees of any crime or disorderly persons offense involving
theft or receiving goods, whether such conviction was a principal
or accessory before or after the fact, or conspirator.
E.Â
Upon receipt of the recommendation of the Chief of Police, the Township Council shall issue or deny the license accordingly (contingent upon the receipt of a bond of $10,000 pursuant to § 245-8. In the event of a denial of the license by the Township Council, the applicant shall be entitled to a hearing before the Township Council, if requested, in writing, within 10 days of receiving the notice of denial, at which time the applicant shall be permitted to introduce such evidence as he/she shall deem proper. The burden of proof in any such hearing shall be on the Police Department. The Township Council shall, within 10 days of the close of the hearing, make known its decision in writing.
[Amended 9-21-2015 by Ord. No. O-15-33]
A.Â
A licensee shall require of each person selling used goods or equipment,
such as antiques, precious stones, gold, silver, platinum or other
precious metals, jewelry, coins, any tools, television sets, radios,
record or stereo sets, electronic devices, musical instruments, sporting
goods, automotive equipment, collectibles, game cartridges, firearms,
cameras and camera equipment, and video equipment, suitable identification
setting forth the true name and home address of the seller. Acceptable
identification includes a valid driver's license issued by the State
of New Jersey or a valid government-issued photo identification. If
any other form of identification is presented other than the aforementioned,
then one fingerprint (preferably thumb) shall be recorded on the receipt
retained by the dealer. This information shall be forwarded to the
Howell Township Police Department within 36 hours.
B.Â
A purchaser/licensee shall complete and issue to each seller a serially
numbered receipt setting forth the following information:
(1)Â
A detailed, legible description of the item, including the price
at which it is being purchased. In the case of jewelry, the description
must include style, length, color, design and stones, if any.
(2)Â
Statement in full of any identifying marks, such as initials, names,
dates, inscriptions, serial numbers, series numbers or any other information
appearing calculated to set apart the particular object said for the
others of like kind.
(3)Â
If the item is purchased by weight, the troy ounce weight of the
item.
(4)Â
The name of the clerk or employee of the licensee making the transaction
legibly set forth.
(5)Â
The name and permanent business address of the purchaser/licensee.
(6)Â
The name, address, sex, date of birth and driver's license number
or other government-issued ID which shall be verified by proof of
identification on a receipt form provided by the Howell Township Police
Department.
(7)Â
No purchaser/licensee shall purchase items from any person under
the age of 18.
(8)Â
A photographed recording of the item(s) being purchased by the purchaser/licensee.
The photograph should be of digital JPEG format and quality, with
the ability to be electronically transferred to a computer and shall
include a photograph of the identification presented by the seller,
the serially numbered receipt, and a clear image of the purchased
item(s). All jewelry will be photographed on a black background. This
photo image shall be printed by the purchaser/licensee and stored
on location until they are picked up by the Howell Township Police
Department.
(9)Â
A thumb print will be recorded on the receipt that is retained by
the dealer in accordance with and under the conditions as provided
in this subsection.
C.Â
The information outlined in Subsection B above must additionally be electronically documented through the use of an electronic database software system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this chapter and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of his/her duty as set forth in Subsection E below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection B above.
D.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 within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection B above 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 this chapter and subsequently being subject to the penalties for doing so including revocation of the dealer’s license as described in this chapter.
E.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 member of the Police Department to examine any database,
book, ledger, or any other record on the premises relating to the
reportable transactions of precious metals or other secondhand goods,
as well as the articles purchased or received and, where necessary,
relinquish custody of those articles as provided in this chapter.
Itinerant businesses and transient buyers will be responsible for
notifying the Chief of Police of the address where records and articles
will be stored.
No person regulated by this chapter shall sell, melt down or
otherwise dispose of any merchandise covered by this chapter purchased
by such person until after the close of business on the 10th day,
after the date of purchase. All items must remain on location.
[Amended 9-21-2015 by Ord. No. O-15-33]
A.Â
Each purchaser/licensee shall maintain duplicate copies of all seller receipts and photographs and electronic records as provided in § 245-5 for a period of two years from the date of each purchase by the purchaser/licensee.
B.Â
The license shall be posted in a conspicuous place at the location
for the sale or sales licensed under this chapter.
C.Â
Within 36 hours of any purchase, the purchaser/licensee shall deliver or fax to the Howell Township Police Department the serially numbered receipt(s) listing all items purchased. Said list shall contain a description of each item, any identifying numbers or inscriptions, the time of purchase and the name and address of the seller pursuant to § 245-5.
A.Â
In conjunction with the issuance of a license, each purchaser/licensee
shall deliver a bond to the Township Clerk executed by the applicant
as principal, with a surety company authorized to do business under
the laws of the State of New Jersey as surety. The bond, to be approved
by the Township Attorney, shall be in the penal sum of $10,000 continued
for the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the Township of Howell in force
or which may be adopted respecting the conduct of this business and
conditioned also that the bond shall be and remain for the benefit
of any person or persons who shall have received judgment against
the purchaser/licensee licensed under this chapter by reason of any
damage sustained by any such person as a result of the operations
of the purchaser/licensee under this chapter, which damage shall be
established by a judgment of a court of proper jurisdiction. Said
bond shall contain the following language:
[Amended 11-20-2012 by Ord. No. O-12-23]
|
"The obligation of this bond shall, in addition to the Township
of Howell, be and remain for the benefit of any person who shall obtain
a judgment against the obligor as a result of damage sustained in
operation pursuant to any license granted under Township Ordinance."
|
B.Â
Said bond shall be kept in force for a minimum period of one year
from the date of issuance of the license and must be renewed annually
along with the license.
[Amended 11-20-2012 by Ord. No. O-12-23]
B.Â
Said license
and renewal shall be valid for a period of one year. In the event
a license is issued after the effective date of January 1, the expiration
date shall remain December 31. At the time of renewal, no new application
must be filed with the Township Clerk unless any matters set forth
in the original application are changed.
A.Â
Any individual person, partnership or corporation found in violation
of the provisions of this chapter shall be subject to a minimum fine
of $500 for the first offense and any offense thereafter shall not
be less than $1,000 and shall not exceed $2,000 and imprisonment not
to exceed 60 days or both at the discretion of the court.
[Amended 5-21-2013 by Ord. No. O-13-12]
B.Â
Each and every day a violation of this chapter exists shall constitute
a separate violation.
C.Â
Any secondhand dealer operating without a license shall be subject
to a fine of $1,000 for a first offense and $2,000 for every offense
thereafter.
[Added 5-21-2013 by Ord. No. O-13-12]
[Added 3-27-2012 by Ord. No. O-12-05]
A.Â
The Township Council, upon advice and recommendation of the Chief
of Police of the Howell Township Police Department, may suspend or
revoke any secondhand dealer's 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:
(1)Â
Violation of any provisions of the within chapter or other ordinances
of the Township of Howell.
(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 an official place of business within the Township of Howell
or any material false representation.
(4)Â
Conviction of an offense or crime in connection with Chapter 15, Robbery; Chapter 17, Arson, Criminal Mischief and Other Property Destruction; Chapter 18, Burglary and Other Criminal Intrusion; Chapter 20, Theft and Related Offenses; and Chapter 21, Forgery and Fraudulent Practices, of Title 2C, the New Jersey Code of Criminal Justice.
(5)Â
Utilization of the business for the disposal of stolen goods.
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.
