The Township Committee hereby finds that there is a need to
regulate and control the buying and selling of gold, silver, and precious
or semiprecious gems in order to prevent the easy disposal of items
which have been unlawfully obtained as the result of crime, while
protecting and recognizing the legitimate businesses which are engaged
in the buying and selling of gold, silver and precious or semiprecious
gems.
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.
ACCEPTABLE IDENTIFICATION
Acceptable forms of identification include: a current valid
New Jersey driver's license or identification card issued by
the New Jersey Motor Vehicle Commission, a current valid photo driver's
license issued by another United States state, other verifiable United
States government issued photo identification with address, or valid
United States passport and evidence of current address. All of the
above-listed identification procedures require the dealer to capture/record
evidence of the person's current address.
ARTICLE
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, which may be amended
from time to time. If the definitions in this chapter and state statute
are or become different, this chapter shall use the more expansive
definition to ensure the goals of this chapter are fostered.
DATABASE
A computerized Internet-capable database with hardware and
software compliant with standards set by the Director of Public Safety.
DEALER
Any person, partnership, corporation, or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys or sells, receives for pawn or otherwise exchanges or trades any property as described in
Appendix I of this chapter, and includes anyone advertising the purchase,
sale or receipt for pawn of any of the aforementioned items.
GIFT CARD
A restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
ITINERANT BUSINESS
Any business conducted intermittently within the Township
of Cinnaminson or at varying locations.
PAWN
A bailment of personal property as security for any debt
or engagement redeemable upon certain terms and with the implied power
of sale or default.
PERSON
Any individual natural person, partnership, joint venture,
business, society, associate, club, trustee, trust, corporation, or
unincorporated group, or an officer, agent, employee, servant, factor
or any form of personal representative of any thereof, in any capacity,
acting for self or on behalf of another.
PRECIOUS METALS
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.
PUBLIC
Individuals and other retail sellers, not to include businesses
engaged primarily in wholesale transactions.
PURCHASE
The exchange of money or other consideration for the pledge, sale, conveyance or trade of any property described in
Appendix I of this chapter.
REPORTABLE TRANSACTION
Every transaction conducted by a dealer in which property described in
Appendix I of this chapter is purchased, pawned or exchanged from
or with the public, as that term is defined in this section.
SECONDHAND GOODS
Any article previously sold, acquired, exchanged, conveyed, traded or otherwise formerly owned, including but not limited to 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, other valuable articles, or as listed in
Appendix I.
TRANSIENT BUYER
A dealer who has not been in any retail business continuously
for at least six months at that address in the municipality where
the dealer is required to register. The term "transient buyer" will
also include a dealer who intends to close out or discontinue all
retail business in the Township of Cinnaminson within six months.
Or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1. Vendors
doing business during a community event sponsored/sanctioned by the
Township of Cinnaminson shall not be considered a transient buyer.
No person shall engage in a regulated activity, as defined above,
without having first obtained a license therefor from the Township
Clerk, after the application for said license has been approved by
the Township Committee, which license shall bear a number issued by
the Township Clerk and shall be prominently displayed within the licensed
premises. A separate dealer's license shall be required for each
location, place, or premises used for the conduct of such business,
and employees shall also be licensed as described herein.
At the time of filing the application for a license, a license fee shall be paid for the initial license for the premises where the activity is to be conducted, together with a fee for each employee who is to be licensed, as set forth in Chapter
265, Fees. Thereafter, the annual renewal fee for the license and for each employee who is to be licensed shall be as set forth in Chapter
265. The license fee is established to cover the cost of the Police Department's internal investigation and administrative processing of each application.
Every dealer within the Township of Cinnaminson shall, upon purchasing, receiving for pawn, or receiving for consignment, any property, as described in
Appendix I, from the public, as this term is defined in §
397-2, shall be required to:
A. Record using a unique transaction number 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, and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et
seq., N.J.S.A. 51:6-1 et seq. and N.J.S.A. 51:6A-1 et seq., and any
property containing a serial number.
B. Document, through use of an electronic database software system as designated by the Director of Public Safety, the information listed in §
397-7C(1) to
(6). These records shall be subject to the inspection of any sworn law enforcement officer acting in the performance of his/her duties. The dealer shall be responsible for purchasing and maintaining the electronic database software chosen.
C. Through the use of applicably required computer equipment, and using
the electronic format approved by the Director of Public Safety, enter
all transactions into the electronic database at the time of the transaction,
but not later than 48 hours from the time of the purchase, including
the following information:
(1) The name, address, date of birth, telephone number, and governmental
identification number of the seller;
(2) A full description of property sold or pawned by the seller, including
but not limited to, marks, numbers, dates, sizes, shapes, initials,
monograms and serial numbers, face value and identifying numbers of
gift cards;
(3) The price paid for the property;
(4) The entry must include the name of the licensee/employee who made
the transaction so as to readily identify that individual;
(5) A color photograph or color image of the seller's presented
acceptable identification scanned into the transaction record;
(6) A color photograph or color image of all property sold scanned into
the transaction record. When photographing or imaging, all property
must be positioned in a manner that makes it readily and easily identifiable
i.e., rings must be placed face up and jewelry separated.
D. Any article purchased or pawned by the dealer cannot be sold or disposed
of and shall be made available for inspection by any sworn law enforcement
officer in the performance of his/her duties for a period of 15 business
days from the date the information required above is received by the
Director of Public Safety in the prescribed electronic format. The
property shall remain in the same condition as when purchased and
shall not be changed, modified, melted or disposed of by the dealer
until the fifteen-day period has expired. If the property is such
that it would create a hardship on the dealer by holding the property
for such period, the dealer may present the property to the Director
of Public Safety or his designee in order that it may be photographed
and, if deemed necessary by the Director of Public Safety, an investigation
be implemented. The Director of Public Safety has the authority to
grant the dealer a waiver of the requirement under this section.
E. In the event of a database failure or dealer's computer equipment malfunctions, all transaction information is required to be submitted on paper forms approved by the Director of Public Safety. In the event that paper forms are used, the dealer is responsible to enter all required transaction information described in §
397-7C(1) to
(6) 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 may result in the revocation of the dealer's license under §
397-5D of this chapter.
F. 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 Cinnaminson Police Department or any other
sworn law enforcement officer acting in the performance of his/her
duties to examine any database, book, ledger, or any other record
on the premises relating to the purchase of property from the public.
Cinnaminson Township law enforcement officers are empowered to take
possession of any property known by a law enforcement 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. Mutual
receipts will be provided to the dealer and the police for any property
seized by the Cinnaminson Township Police Department.
G. It shall be the duty of every dealer to maintain in working condition
the software and hardware required to properly utilize the electronic
database software system designated and approved by the Director of
Public Safety for documenting transactions consistent with this section.
Payment of all required fees for any such hardware, software, licensing,
maintenance and repair are the sole responsibility of the dealer.
This chapter shall not apply to purchases made by dealers from wholesalers or other legitimate suppliers, but shall only apply to those purchases made from the public which includes other retail sellers as defined in §
397-2. The dealer shall keep records of all wholesale purchases for a period of five years from the date of such purchase in accordance with N.J.S.A. 2C:21-36e, which records shall be opened to investigation by the Cinnaminson Township Police Department or any sworn law enforcement officer in the performance of his/her duties. This chapter specifically does not apply to yard sales and garage sales by residents conducting such sales from their home residence a maximum of six times per year.
No dealer within the Township of Cinnaminson shall purchase any property as defined in
Appendix I from any person under the age of 18 years.
Violation of any provision of this chapter shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $2,000
and/or by imprisonment for a term not exceeding 90 days and/or by
a period of community service not exceeding 90 days. Each and every
violation shall be considered a separate violation. Each day that
a violation continues shall be a separate violation. Each violation
shall result in a ten-day suspension of the dealer's license
under this chapter.