[HISTORY: Adopted by the Township Committee of the Township of Union 12-27-2011 by Ord. No. 5223. Amendments noted where applicable.]
Sales — See Ch. 428.
The Township Committee finds and declares that the health, safety, and welfare of its citizens will be enhanced by requiring certain secondhand dealers to be licensed and to require said dealers to maintain records.
As used in this chapter, the following terms shall have the meanings indicated:
- AUTO PARTS
- Any part or equipment that is used in the manufacturing or repair of an automobile including, but not limited to, auto body parts, radio/stereo equipment, compact disc players, cellular phones, speakers, tires, rims, and chrome fixtures.
- ELECTRONIC DEVICE
- Electronic equipment including, but not limited to, VCRs, televisions, computers, video games, pagers, beepers, cellular phones, telephones, typewriters, fax machines and audio/stereo equipment. This shall also include, but not be limited to, the parts for building or upgrading electronic equipment.
- Any ornament or decorative piece made from gold, silver, precious stones, semiprecious stones or gems or any ornament or decorative piece containing gold, silver, precious stones, semiprecious stones or gems including, but not limited to, necklaces, watches, rings, (bracelets, earrings and cufflinks.
- Any person(s), partnership or corporation who advertises, purchases or sells, offers to purchase or sell or attempts to purchase or sell used personal property including, but not limited to, used jewelry, used auto parts or used electronic devices to any other person, partnership or corporation.
- Any of a class of elementary substances or an alloy thereof including, but not limited to, gold, silver, copper and aluminum.
- Any person under the age of 18.
- REGULATED ACTIVITY
- The sale or purchase of any used personal property including, but not limited to, used jewelry, used auto parts, used electronic devices and used metals.
- USED ITEM
- Any used personal property including, but not limited to, jewelry, electronic devices, auto parts and metals sold from one party or parties to a second party or parties.
License requirement. No person or persons shall engage in the regulated activity without first having obtained a license from the Township Clerk. The license shall bear a number issued by the Township Clerk and shall be clearly displayed within the licensed l premises. The license shall also be available for inspection at any time by Township officials.
Application and license fee. An application to engage in the regulated activity must be completed and submitted to the Township Clerk for review and approval. The application shall be submitted along with an annual license fee of $150.
Bond requirement. Each licensee shall submit, in addition to the initial application and application fee, a bond to the Township Clerk executed by the applicant as principal, from a surety company authorized to conduct business under the laws of the state of New Jersey. The bond shall be in the penal sum of $10,000 for the purpose of securing compliance with the provisions of this chapter and for the protection of any person who purchases a used item which is determined to be stolen or sold deceptively or fraudulently by a court of law of the state of New Jersey.
Expiration date. Each license shall expire on December 31 of the year in which it is issued.
Application process. Upon demand, the Township Clerk shall make available to a merchant an application for the purposes of maintaining, keeping and operating such business within the Township. No permit shall be issued unless such application is completed, executed and all requirements contained therein are fully met and delivered to the Police Director or his designee. Upon receipt of an application, fee and bond surety, the Police Director or his designee shall conduct an investigation into the applicant's moral character and business responsibility as he or she deems necessary for the protection of the public welfare. Upon the completion of the investigation and within a reasonable amount of time, the Police Director or his designee shall return the application, or a copy thereof with any recommendations, to the Township Clerk.
Approval or denial. The Police Director or his designee, after engaging in the necessary investigation, shall make a recommendation to the Township Committee as to whether the application should be approved or denied. The grounds for denial of an application shall be clearly stated and may include, but not be limited to, with respect to the owner or owners of the premises, if a natural person or persons, including partners of a partnership, that he, she or they are 21 years of age or older, citizens of the United States and residents of the state of New Jersey, and never convicted, in this state or elsewhere, of a crime involving moral turpitude involving dishonesty, fraud, deceit or misrepresentation; and, if a corporation, that all officers and members of the board of directors, and every stockholder holding 10% or more of the stock of the corporation, directly or indirectly having a beneficial interest therein, have the same qualifications as set forth in this subsection for an applicant who is a natural person. The chief license inspector, upon the recommendation of the police chief, shall approve or deny the license accordingly. If such application is denied, the chief license inspector shall set down in writing his or her findings and conclusions and deliver a copy of same to applicant upon demand.
Return of application fee. If the application for license is denied, 75% of the fees shall be returned to the applicant. The balance of the application fee will be kept by the Township to offset the costs of the investigation.
Appeals process. Any person aggrieved by such denial may appeal to the Township Committee within 30 days of the date of denial of the application. The Township Committee, at its own discretion, may affirm, reverse or modify the decision of the Police Director or his designee.
Submission to the Police Department of transaction forms; time limit prescribed. Each licensed dealer operating in the city shall deliver to the Police Director or his designee a description of all items purchased, received or sold, as well as the identities of those who sold or bought the items from him or her. A valid government-issued picture ID will be required to complete the transaction and shall be photocopied and the photocopy shall be attached to the record of sale. The dealer shall file this description on consecutively numbered transaction forms prescribed and provided by the Police Director. The prescribed transaction form must be filed within 72 hours after the purchase, sale or receipt of any item. A copy of the transaction form is to be kept on the subject premises at all times during operating hours and available for review and inspection by any city official.
Records book. All licensees shall keep an accurate log of accounts of all sales made. The logs shall be open to inspection by any Township official. This log shall be kept on the subject premises at all times during operating hours. This log shall also include sales tax collected for each transaction.
No dealer shall melt, change the form of or dispose of any used items purchased or received within five days from the date the notification is made to the Chief of Police and the chief license inspector, and all such items shall remain on the premises where the purchase was made for at least five days from the date of notification of the Chief of Police and the chief license inspector.
Each dealer must require two forms of identification from the person with whom he or she is transacting business, one of which must be a valid government-issued picture ID. The type of identification must be noted on the transaction form presented to the Police Director or his designee along with a photocopy of the ID presented.
Each dealer shall photograph each seller of merchandise and shall identify the photograph by name, date of sale, item purchased, amount paid. The photograph shall be retained for a period of two years and shall be subject to inspection by any Township official.
No merchant or dealer shall sell, purchase or receive any used item, goods, article or thing from any minor unless the minor has expressed written parental consent to make such transaction. In the event that written consent be provided, the merchant or dealer must keep written consent on file for potential inspection by the proper Township official.
Used car lots, properly licensed by the state of New Jersey, shall be excluded from the provisions of this chapter.
Any person violating the provisions of this chapter shall be subject to a fine of not less than $500 nor more than $1,250 or imprisonment in the county; jail or in any place provided by the city for the detention of prisoners for any term not exceeding 90 days or by both such fine and imprisonment.