[HISTORY: Adopted by the Mayor and Council of the Township
of North Brunswick 3-7-2011 by Ord. No. 11-05. 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 North Brunswick,
and those transacting business in the Township of North Brunswick
as permitted, in part, by N.J.S.A. 51:6A-1 et seq. and N.J.S.A. 45:22-1
et seq., the Pawnbroking Law. The licensing and regulation of such
establishments will assist the North Brunswick Police Department and
others in recovering stolen goods. All dealers in precious metals
and gems shall comply with this chapter in addition to all 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 terms shall have the
meanings indicated:
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than choses
in action, securities, or printed evidences of indebtedness; or purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehouseman and lending
money on goods, wares or merchandise pledged or deposited as collateral
security.
Individual natural persons, partnerships, joint ventures,
societies, associates, clubs, trustees, trusts, corporations or unincorporated
groups or any officers, agents, employees, servants, factors or any
kind of personal representatives of any thereof, in any capacity,
acting either for himself or for any other person under either personal
appointment or pursuant to law.
An article or articles deposited with a pawnbroker in the
course of his business.
A person who delivers the pledge into the possession of a
pawnbroker, unless such person discloses that he is or was acting
for another, and in such an event "pledger" means the disclosed principal.
Items comprised of gold, silver, platinum, palladium and
alloys thereof, gems, coins containing precious metals and all forms
of previously owned jewelry which contain precious metals.
A person engaged in the business of purchasing metals, gems,
coins, containing precious metals and all forms of previously owned
jewelry, either as a primary business or in connection with a related
business, from any person who is not in the business of selling precious
metals as required under N.J.S.A. 51:6A-1 to 51:6A-8, including, but
not limited to, businesses commonly referred to as "jewelry stores."
All forms of previously owned goods, including but not limited
to antiques, furniture, watches, china, crystal, paintings, precious
metals and gems and goods containing precious metals and gems.
Any person, partnership or corporation in the business of buying
precious metals, jewels or gems, secondhand goods or pawnbrokering
who buys, attempts to buy or offers to buy precious metals or gems
on the basis of bulk value from any person who is not in the business
of selling precious metals or gems in North Brunswick Township shall
maintain a written record of all purchases and shall be subject to
the regulations contained in this chapter.
The record shall be kept in a record book with Smyth sewn binding,
with all pages numbered in sequence. All entries shall be made in
pen or ink. There shall be no spaces between entries, and each entry
shall be numbered in sequence.
The purchaser shall require that the seller present a current
and reliable form of identification. The form of identification shall
bear a photograph of the seller. The record shall reflect the nature
of the identification presented. No transaction shall be made with
a person under 18 years of age.
The record shall contain the following information which shall
be made in the English language:
A.
Date of sale;
B.
Name and address of seller, sex, date of birth, telephone number
of seller;
C.
Detailed description of items purchased, including the weight of
any precious metal purchased;
D.
A picture or photocopy of the items purchased;
E.
Purchase price; and
F.
A legible photocopy of the seller's identification.
Any person, partnership or corporation in the full- or part-time
business of purchasing gold, silver, precious metals and gems, secondhand
goods and/or pawnbrokering in North Brunswick Township shall maintain
a written record of all purchases of precious metals or jewels, gems,
secondhand goods or pawnbrokering in North Brunswick Township and
must, prior to engaging in such business, be duly licensed by the
Township. The licensing procedure is to be accomplished as follows.
The business entity shall authorize a representative to complete
a registration application to obtain a license to deal in precious
metals, gems, secondhand goods and pawnbrokering.
A.
The registration application for a license shall be made available
to persons wishing to secure same through the Township Clerk's
office.
B.
The registration form shall be executed by that person or persons
who are responsible for the day-to-day operation of the business.
Where a corporation is involved, the president of the corporation
shall sign same, and where partnerships are involved, the managing
partner shall sign same.
C.
The registration form shall contain the following information:
(1)
The names and current addresses and telephone numbers of all principals
of the business. If the business is a corporation, then the information
shall include the names and current addresses and telephone numbers
of all stockholders;
(2)
The place or places where the business entity shall operate from,
as well as a listing of the hours when the entity proposes to conduct
business;
(3)
The names and addresses of three business references;
(4)
A statement by the applicant that no principal of the business entity
has any arrests or convictions of any crimes. In cases of a corporation,
the certification shall apply to all stockholders. If there is an
arrest or conviction record, same must be disclosed;
(5)
A list of business and home addresses of all principals of the business
for the past five years; and
(6)
The registration must also include a photograph of the person who
will manage the day-to-day operation of the business, and that individual
must also agree to be fingerprinted by the Township Police Department.
A.
Upon receipt of such application completed pursuant to this chapter,
the Clerk shall refer such application to the Deputy Chief of Police,
or his designee, who shall make an investigation of the prospective
licensee pursuant to this chapter for the purpose of determining the
suitability of the applicant for licensing as follows:
(1)
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in the definitions of "pawnbroker," "precious metals and gems," "precious metals and gems buyer" and "secondhand goods" as set forth in § 237-2, Definitions, herein, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience.
(2)
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license.
(3)
Any criminal record of the applicant.
(4)
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 those articles and goods referred to in the definitions of "pawnbroker," "precious metals and gems," "precious metals and gems buyer" and "secondhand goods," as set forth in § 237-2, Definitions, herein, and other factors bearing upon whether the licensed business will be of a fixed and permanent nature. This section, 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.
The Deputy Chief of Police, or his designee, shall complete any investigation
pursuant to this chapter within 30 days of the submission of the application
to the 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 Deputy Chief of Police, or his designee, within
that period, the Deputy Chief of Police, or his designee, may, if
all other factors are satisfactory, recommend a conditional issuance
of the license subject to the finding regarding criminal record.
C.
The Deputy Chief of Police, or his designee, shall, upon completion
of the investigation, recommend grant or denial of the requested license
to the Clerk, who shall grant or deny the license. Any recommendation
of the Deputy Chief of Police, or his designee, 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 Clerk
accepts the recommendation of the Deputy Chief of Police, or his designee,
to deny any license, the Clerk shall notify the applicant within 10
days of such denial and forward to the applicant a statement of the
reason or reasons for such denial. The applicant shall have 10 days
thereafter to request reconsideration by the Clerk and may provide
the Clerk with any relevant information in response to that set forth
in the Clerk's notice of denial.
D.
Grounds for recommending denial of a license 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 Deputy Chief of Police, or his designee, reveals conviction of the applicant or any of its principal officers or employees of any crime or disorderly persons offense in which deceit or misrepresentation is an element, or any conviction of any crime or disorderly persons offense involving theft or receiving stolen goods, whether the prospective licensee's conviction was as a principal, as an accessory before or after the fact, or as a coconspirator. Upon receipt of the recommendation of the Deputy Chief of Police, or his designee, the Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond pursuant to § 237-11, Bond, herein. In the event of a denial of the license by the Clerk, the applicant shall be entitled to a hearing before the North Brunswick Township Council, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial.
The annual fee for the license shall be $100. All such licenses
shall be issued for a period of one year commencing August 1 and expiring
July 31 next following the date of issuance, and there shall be no
rebate for any lesser time. The license shall be conspicuously exhibited
upon the premises licensed thereunder.
Each licensee shall deliver a bond to the 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, in a form subject to the review and approval of the Township Attorney, shall be in the penal sum of $10,000, conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the Township 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 licensee licensed under this chapter by reason of any damage sustained by any such person as a result of the operations of the 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: "The obligation of this bond shall, in addition to the Township of North Brunswick, be and remain for the benefit of any person who shall obtain a judgment against obligor as a result of damage sustained in operation pursuant to any license granted under Chapter 237 of the Code of the Township of North Brunswick." Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license.
A.
The purchaser shall make the record available for inspection to any
law enforcement officer, upon demand, without the need for advance
notice. The record shall be kept at the purchaser's business
premises. The records shall be maintained for two years from the date
of purchase.
B.
Each business dealer or persons required to be licensed pursuant
to this chapter that is doing business in North Brunswick Township
shall deliver to the Deputy Chief of Police or his designee, on forms
prescribed by the North Brunswick Township Police Department, a description
of all items purchased, received or sold, within 24 hours of the completion
of the transaction, except for transactions conducted on Saturday,
in which case said list shall be delivered to the Police Department
by no later than 12:00 noon of the Monday following.
C.
As to those business entities which are governed by this chapter
and who are already doing business in the Township prior to the effective
date of this chapter, then the businesses shall be licensed within
30 days of the effective date of this chapter.
No business dealer or persons required to be licensed pursuant
to this chapter that are doing business in North Brunswick Township
shall sell, melt, change the form of or dispose of any articles purchased
or received for a period of three business days from the date the
notification is made to the Deputy Chief of Police or his designee.
All such items shall remain on the premises where the purchase was
made until the expiration of the time period set forth herein.
Any person who shall violate any provision of this chapter or
shall fail to comply with any of the requirements herein shall, upon
conviction thereof, be punishable by a fine of not more than $2,000
or by imprisonment for a term not to exceed 90 days, or by both such
fine and imprisonment, in the discretion of the judge. The continuation
of such violation on successive days shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided herein for each separate
offense.
