[HISTORY: Adopted by the Township Council of the Township of Delran as Sec. 6-3 of the 1993 Revised General Ordinances. Amendments noted where applicable.]
The Township Council 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 a result of crime, while protecting and recognizing the legitimate businesses which are engaged in buying and selling of gold, silver and precious or semiprecious gems.
The following definitions shall apply to terms used within this chapter, unless the context requires otherwise:
- Any person who, through any means, buys gold, silver, precious or semiprecious metals or gems.
- Any person who, through any means, buys or sells gold, silver, precious or semiprecious metals or gems, and includes anyone advertising the purchase or sale of any of the aforementioned items.
- Any article or product with a gold content, without regard to the fineness thereof.
- Any person under the age of 18 years.
- PRECIOUS OR SEMIPRECIOUS GEM
- Includes, but is not limited to, those categories known as diamonds, rubies, pearls, sapphires, and is commonly called a jewel.
- Includes, but is not limited to, any exchange of gold, silver, or any precious or semiprecious gem for anything of value. A payment need not be made by way of money in order to constitute a "purchase" for the purposes of this chapter.
- REGULATED ACTIVITY
- The purchase of any used item containing gold or silver, or any precious or semiprecious gem, for subsequent resale purposes and not for personal use.
- Any person who, through any means, sells gold, silver, precious or semiprecious metals or gems.
- Any article or product with a silver content, without regard to the fineness thereof.
- USED ITEM CONTAINING GOLD OR SILVER
- Any items containing gold or silver previously sold or transferred to a consumer for the personal use or enjoyment of such consumer.
No person shall engage in a regulated activity, as defined above, without having first obtained a license therefor from the Township Clerk, which license shall bear a number issued by the Township Clerk, and shall be prominently displayed within the licensed premises. The requirement of a license shall apply to the business entity and to any individual employee who engages in a regulated activity on behalf of a business entity.
At the time of filing the application for a license, a license fee, as set forth in § 150-3A, shall be paid for the initial license for the premises where the activity is to be conducted, together with a fee, as set forth in § 150-3A, for each employee who is to be licensed. Thereafter, the annual renewal fee for the license and for each employee who is to be licensed shall be as set forth in § 150-3A.
No person licensed as a dealer in the Township shall, by virtue of one license, keep more than one place of business for receiving or taking goods.
No dealer shall, at any time, do business at any place other than the place for which the license was granted.
Every licensee shall issue to the seller and keep for his or her own records, for not less than one year, a serialized receipt for each purchase of gold, silver, or precious or semiprecious gems, containing the following:
The name and address of the buyer.
Date of the transaction.
The names of the precious metals purchased.
The fineness of the precious metals purchased.
The weights of the precious metals purchased.
The prices paid for the precious metals at the standard measures of weight and fineness.
The name, address and signature of the seller.
The driver's license number of the seller.
The buyer shall also cause a photograph to be taken of the seller and of the merchandise being purchased. The photograph of the seller shall be such that facial features are clearly recognizable. The photograph of the merchandise shall be such that it can be readily identified and all markings are distinguishable. The buyer shall retain the photographs with his or her records and attach them to the serialized receipts, all of which shall be available for inspection by any police officer upon request during normal business hours, or otherwise in the event of an emergency.
A licensee shall not accept or buy any gold, silver, precious or semiprecious gems from any person under the age of 18 years unless such minor is accompanied by a parent or guardian and such parent or guardian gives specific written consent to the transaction and acknowledges the receipt required by the buyer to be given to the seller.
No dealer shall sell any articles until the same have been in the possession of the dealer at the licensed location for at least seven days. This provision shall apply only to used items containing gold, silver, or precious or semiprecious gems and shall not apply to any items purchased from a recognized jewelry supplier with whom the buyer deals on a regular basis.