[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson 2-24-2014 by Ord. No. 2014-3. Amendments noted where applicable.]
GENERAL REFERENCES397a Appendix I
Fees — See Ch. 265.
Editor's Note: This ordinance also repealed former Ch. 397, Precious Metals and Gems, adopted 8-11-1981 by Ord. No. 1981-12 (Sec. 2.116 of the 1995 Code), as amended.
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.
- 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.
- A computerized Internet-capable database with hardware and software compliant with standards set by the Director of Public Safety.
- 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.
- DIRECTOR OF PUBLIC SAFETY
- The Director of Public Safety of the Township of Cinnaminson or his designee/representative.
- 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.
- 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.
- 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.
- Individuals and other retail sellers, not to include businesses engaged primarily in wholesale transactions.
- 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.
Editor's Note: Said appendix is included as an attachment to this chapter.
Editor's Note: Said appendix is included as an attachment to this chapter.
Editor's Note: Said appendix is included as an attachment to this chapter.
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.
An application for a license shall be in written form established by the Director of Public Safety and shall state the full name and place of residence of the applicant or, if the applicant is a partnership, of each member thereof, or, if a corporation or association, of each officer and stockholder thereof, together with the place or places where the business is to be conducted. For any corporation whose stock is publicly traded, the requirement for the information on each officer and stockholder may be satisfied by attaching to the application a copy of the most recent annual report of the corporation, listing the officers and directors of the corporation along with a certification as to the total number of stockholders and the name and address of any stockholders holding more than 10% of the outstanding stock. The application shall include the fingerprinting of each individual applicant or licensed employee, each member of a partnership, or each stockholder holding more than 10% of the outstanding stock in a corporate applicant.
Application for an employee license. An application for a license shall be in written form established by the Director of Public Safety and shall state the full name and place of residence of the applicant who will engage in the business transactions for the licensed business. Each employee who will engage in such transaction is required to be licensed annually. The initial application shall include the fingerprinting of each individual applicant through the State of New Jersey Morpho Trak system as the same may be changed by the state from time to time. Renewal applications shall require a certification but no fingerprints.
Investigation. Upon receipt of an application completed pursuant to this chapter, the Director of Public Safety shall institute such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public welfare. Upon completion of the investigation, which in no case shall take more than 45 days without consent of the applicant, the Director of Public Safety shall recommend either approval or denial to the Township Committee by providing a written recommendation to the Township Administrator. The Township Committee shall determine whether to issue or deny a license. If the Director of Public Safety recommends denial of the license, the grounds for the denial shall be stated. Grounds for the denial of the license may include information indicating that the applicant is not of good moral character or is of questionable business responsibility, and a recommendation of denial shall be given if the applicant has been convicted of a crime of the first or second degree or any crime involving dishonesty, fraud, deceit or misrepresentation. If the Township Committee determines that a denial of the application is proper, the applicant shall be so notified and, upon written request, may seek to present additional information to the Township Committee before the decision of the Committee is made final.
Revocation or suspension of license.
Any license may be suspended or revoked for any violation of this chapter in addition to any other penalty imposed. Licenses issued under the provisions of this chapter may be revoked by the Director of Public Safety after a hearing, upon notice to the applicant, for any of the following causes:
Fraud, misrepresentation, or false statement contained in the application for license;
Any violation of this chapter;
Conviction of any crime;
Conviction of any disorderly persons offense involving moral turpitude;
Conviction of an offense under the laws of the United States or any other state, which is substantially equivalent to the offenses named in Subsection D(1)(e) above; or;
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.
Notice of the hearing for suspension or revocation of a license 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 licensee at the address in the application at least 10 calendar days prior to the date set for the hearing. The hearing shall be conducted by the Township Attorney or the Director of Public Safety before the Township Committee. At the conclusion of the hearing, the Township Committee may suspend or revoke the license. In the event that the license holder does not request a hearing in the aforementioned 10 days following the notice, the license shall be suspended or revoked by the Township Committee upon a good cause finding.
Any dealer whose license has been suspended or revoked may apply for reinstatement by filing a written request for reinstatement with the Director of Public Safety. The written request shall address each issue that resulted in the suspension or revocation. The request shall be accompanied by a payment of a reinstatement fee of $100. The Director of Public Safety shall review the information submitted and perform an on-site inspection if necessary and make written recommendation to the Township Committee, copying in the dealer. The Township Committee shall determine whether reinstatement is appropriate. The dealer shall be notified of the date and time when the Township Committee shall make its decision and be provided an opportunity to be heard.
A license issued under the provisions of this chapter shall not be transferable and shall terminate on December 31 of the year in which said license is issued, unless it is properly renewed pursuant to the provisions of this chapter.
On or about November 1 of each year, the Director of Public Safety shall make available a renewal application for each licensed dealer and employee under this chapter. Upon submission of the renewal application, the license will be renewed unless the dealer has violated provisions of this chapter. In such case, the Director of Public Safety will notify the dealer, who may request a hearing as described in § 397-5.
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:
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.
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.
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:
The name, address, date of birth, telephone number, and governmental identification number of the seller;
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;
The price paid for the property;
The entry must include the name of the licensee/employee who made the transaction so as to readily identify that individual;
A color photograph or color image of the seller's presented acceptable identification scanned into the transaction record;
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.
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.
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.
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.
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.