As used in this chapter, the following terms
shall have the meanings indicated:
MERCHANT
One who purchases precious metals from the public and sells
or otherwise exchanges or trades the precious metals to refiners or
brokers, or makes appraisals of the precious metals, or otherwise
conveys, melts down or alters said precious metals in any form.
PRECIOUS METALS
Gold, silver, platinum and their alloys as defined in N.J.S.A.
51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
PURCHASE
Not only the exchange of money for precious metals, but the
exchange or trading of any other tangible or intangible property for
precious metals.
SECONDHAND GOODS
Goods which have been previously owned, worn or used by another;
not new.
Every merchant within the City of Ventnor City
shall, upon the purchase of any precious metals or secondhand goods
from the public, be required to do 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 karat 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.
B. Supply to the Chief of Police of the City of Ventnor City within two days of the date of purchase, on a form approved by the City of Ventnor City, the information contained in Subsection
A above, plus the following:
(1) A physical description of the seller.
(3) A full description of the item or items purchased,
including, but not limited to, marks, numbers, dates, sizes, shapes,
initials and monograms.
(4) The price paid for the item.
(5) The form must be signed by the seller and initialed
by the clerk who made the transaction.
C. Make the precious metals and secondhand goods available
for inspection by the Chief of Police of Ventnor City or his designated
representative for a period of seven days from the date the information
required above is received by the Chief of Police on the approved
form. The precious metals and secondhand goods shall remain in the
same condition as when purchased and shall not be changed, modified,
melted or disposed of by the purchaser until the seven-day period
has expired. During this seven-day period the precious metals and
secondhand goods 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 merchant by holding the precious metals for such period,
the merchant may present the property to the Chief of Police or his
representative in order that it may be photographed and, if deemed
necessary by the Chief of Police or his designated representative,
an investigation be implemented. The Chief of Police or his designated
representative has the authority to grant the merchant a waiver of
the requirement under this section.
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 Ventnor City
Police Department.
No merchant within the City of Ventnor City
shall purchase any precious metals or secondhand goods from any person
under the age of 18 years.
[Amended 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616]
Any violation of this chapter shall be punishable
by a fine of not more than $1,000 or imprisonment for not more than
30 days, or both, for a first offense. For a second or subsequent
offense, any violation of this chapter shall be punishable by a fine
of not more than $1,000 or imprisonment for a period of not more than
three months, or both. In addition to or as a substitute for the previously
mentioned fine, the imposition of community service shall be authorized
as an additional penalty, which community service shall not exceed
90 days.