[HISTORY: Adopted by the Township Council of the Township
of Lower 6-4-2012 by Ord. No. 2012-14; amended in its entirety 4-21-2014 by Ord. No.
2014-05.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Garage and other sales — See Ch. 359.
Junkyards and junk dealers — See Ch. 392.
Mercantile licenses — See Ch. 432.
[1]
Editor's Note: This ordinance also repealed former Ch.
529, Secondhand Merchants and Dealers of Precious Metals, adopted
by Ord. No. 81-2 (Section 4-8 of the 1975 Code), as amended.
The purpose of this chapter is to regulate the standards and
manner in which the business of a dealer in secondhand goods and merchandise,
including dealers of precious metals, shall be conducted to ensure
the protection of the public health, safety and welfare of the residents
of Lower Township and to deter and detect the fencing of stolen or
lost property within the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, partnership, corporation or entity operating
on a nonprofit basis, which has donated to it secondhand goods for
the purpose of resale.
The chief law enforcement officer of the Lower Township Police
Department or his or her designee.
Any person or entity that purchases, sells, trades, exchanges,
handles or deals in any secondhand goods.
Any person or entity licensed by the Township in accordance
with the provisions of this chapter as a dealer of secondhand goods.
Any article whatsoever composed or manufactured in whole
or in part of gold, silver or other precious metals, including but
not limited to watches, jewelry, cutlery, wrought gold or other wrought
precious metals.
Any used or previously owned goods, merchandise or used article
whatsoever, including, but not limited to, coins, gemstones, gift
cards, any tools, telephones, typewriters, word processors, GPS devices,
computers, computer hardware and software, television sets, radios,
record or stereo sets, electronic devices, musical instruments, sporting
goods, automotive equipment, collectibles, game cartridges, DVDs,
CDs, and other electronically recorded material, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles.
[Amended 7-6-2016 by Ord.
No. 2016-05]
A.
It shall be unlawful for any person, partnership, corporation, or
entity to engage in the business of dealing in secondhand goods, as
defined in this chapter, without first obtaining a license therefor,
as hereinafter provided. A separate license shall be required for
each location, place or premises used for the conduct of the business
in secondhand goods.
B.
The number of licenses issued under this chapter shall be limited
to a maximum of 10, which number is deemed sufficient to meet the
public need and prevent the creation of a nuisance to the public.
No licensee shall retain custody of any license created hereunder
unless licensee owns and operates a business as a dealer in secondhand
goods as described herein.
C.
The license shall be valid from January 1 to December 31. Each application
as provided for herein shall be accompanied by a nonrefundable license
fee to be paid to the Township in the amount of $500.
The provisions of this chapter shall not apply to the following
activities:
A.
Any person, corporation, partnership or entity desiring a license
to conduct the business of dealing in secondhand goods, as defined
in this chapter, shall make a written application to the Chief of
Police.
B.
All applicants are required to complete an application furnished
by the Township Clerk, providing any and all information required
by the Chief of Police as well as any supplemental information requested
by the Chief of Police thereafter.
C.
Each application shall be referred to the Chief of Police, who shall
institute an investigation of the applicant's business responsibility
and criminal history of the person applying for the license and of
each person having an ownership interest in the case of an entity,
and only the criminal history in the case of a salesperson, as is
considered necessary and appropriate for the protection of the public
health, safety and welfare.
D.
The findings of the Chief of Police or his designee shall be communicated
in writing, together with any recommendations which he or she may
have, to the Township Clerk within a reasonable time after the application
has been filed. If, based upon the information contained in the application
and the report, the applicant's business responsibility is not
unsatisfactory, and the applicant's criminal history is not unsatisfactory,
and in the case of a salesperson there is no adverse criminal history,
the Township Clerk may approve or disapprove the application. The
Township Clerk shall thereafter transmit the application, together
with the any findings, determinations or reports, to the Township
Council, which shall consider the matter at a regular meeting, at
which the Township Council may approve or disapprove the application.
The determination of Township Council shall be final. In the event
of approval, the Township Clerk shall then issue the license, provided
that the required license fees and bond fees have been paid, and further
provided that there are authorized, but unissued, licenses available.
A.
Licensee shall retain, without concealment, in the original condition
received by the licensee, for an inspection period of not less than
10 days after receipt and recording of the secondhand good as required
herein, and shall not alter, destroy, melt down, remodel, dispose
of, sell, ship or deliver to any other person, or otherwise dispose
of the secondhand good until such ten-day period has lapsed.
B.
No licensee shall accept secondhand goods that have been melted or
altered or where there is reason to believe such items are lost or
stolen property, in which case, licensee shall immediately report
the attempted transaction to the Lower Township Police Department.
C.
A licensee shall not accept any secondhand goods from any person
under the age of 18 years, unless such minor is accompanied by a parent
or legal guardian which parent or legal guardian shall be subject
to the provisions of this chapter.
D.
No licensee shall conduct the business of a pawnbroker without obtaining
the state license required for that commercial activity in addition
to the municipal license required for a dealer of secondhand goods.
E.
Licensee shall not conduct any transactions or business or make use
of any location other than the location designated in licensee's
application, or bank vault, leased to licensee for the storage, handling
or display of any secondhand good.
F.
No licensee, or anyone on licensee's behalf, shall be permitted
to solicit business upon any street, public highway, or conduct a
house-to-house canvass for the purchase or sale of secondhand goods
within the Township.
G.
Employees of licensee who engage in transactions on behalf of licensee
in connection with secondhand goods shall be at least 18 years of
age, and no licensee shall permit any person who has been convicted
of any crime or disorderly persons offense involving theft, forgery,
fraud or related offense, to engage in transactions involving secondhand
goods prior to notification to and approval from the Chief of Police
in accordance with the provisions of this chapter. Licensee shall
be liable for any of the acts or omissions of the licensee's
agents, clerks, employees and salespersons that violate any provision
of this chapter.
H.
Licensee shall display the license issued hereunder at all times
during the period of the license in a conspicuous place in the licensed
premises.
I.
Licensee shall have a continuing obligation to inform the Chief of
Police of any condition or event that would be in violation of any
of the provisions of this chapter within 24 hours of becoming aware
of such condition or event.
A.
Every licensee shall, at the time of a transaction, make a record
of every secondhand good received, purchased, sold or exchanged, which
contains, at a minimum, or as may further be required by the Chief
of Police, the following information:
(1)
Name, age, sex, residence and digital photograph of the individual
with whom the transaction is made and a general description of the
person;
[Amended 7-6-2016 by Ord.
No. 2016-05]
(2)
A digital photograph of the secondhand good or precious metal with
a detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry and other
precious metals, the descriptions must include style, length, color,
design, and stones, if any; any identifying marks, including numbers,
dates, sizes, shapes, initials, names, nograms, social security numbers,
series numbers, or any other information which sets apart the particular
object from others of like kind; strict adherence to this provision
is required, failure to adhere to the requirements set forth herein
will result in revocation of license;
[Amended 7-6-2016 by Ord.
No. 2016-05]
(3)
The manufacturer's name or other marks of identification appearing
on the secondhand good or precious metal;
[Amended 7-6-2016 by Ord.
No. 2016-05]
(4)
The price or consideration paid or received for the secondhand good
or precious metal;
[Amended 7-6-2016 by Ord.
No. 2016-05]
(5)
The date and time of the transaction; and
(6)
Any other information required by the electronic recording and reporting
system in use by the Police Department as determined by the Chief
of Police.
B.
The licensee shall utilize the electronic recording and reporting
system as designated by the Chief of Police in his or her discretion,
and the costs associated with use of such system will be the responsibility
of the licensee and shall be included in the application fee. All
electronic data required to be recorded herein shall be forwarded
to, or accessible by, the Police Department by the end of the business
day, including Saturdays and Sundays.
C.
In addition to the electronic data to be recorded and transmitted herein, the Chief of Police may also require licensee to keep a tightly bound book, not loose-leaf, with pages numbered in sequence in which there shall be made at the time of the transaction a record, in English, containing the same information and photographs required in § 529-7A(1) through (5) above. Said book shall be maintained for a minimum of one year from the date of the latest transaction recorded in the book.
D.
All electronic records and documentation required hereunder shall
be maintained by the licensee for a period of one year from the date
of creation.
E.
All electronic records and documentation required hereunder, and
all secondhand goods in possession or control of licensee, shall be
subject to inspection by the Chief of Police or such persons as may
be designated by the Chief of Police or at the request of a police
officer.
Every licensee, at the time of receiving such license, shall
execute a bond to the Township of Lower in the penal sum of $10,000
with good and sufficient surety or sureties to be approved by the
Township Solicitor conditioned upon the licensee faithfully observing
and complying with the provisions of this chapter at all times during
the continuance of such license and conditioned further upon a promise
to indemnify, keep and hold the Township of Lower harmless against
all liabilities, judgments, costs, damages and expenses which may
in any way come against the Township in consequence of the issuance
of said license or by any act or thing done or neglected to be done
by said licensee under and by virtue of the authority granted in said
license or for the failure or neglect of such licensee to observe
and comply with the ordinances of the Township relating to the business
licensed.
In addition to being subject to the penalties provided in § 529-10 of this chapter, any license shall be subject to suspension, revocation, or denial as set forth in § 432-17 for any reason set forth therein, including the following:
A.
Conviction of any crime or disorderly persons offense involving theft,
forgery, fraud or a related offense by licensee, any person holding
or applying for a license, or by any person having an ownership interest
in any corporation, partnership or any other entity that has applied
for or holds a license.
B.
Violation of any of the provisions of this chapter or the rules and
regulations promulgated hereto.
[Amended 7-6-2016 by Ord.
No. 2016-05]
For the violation of any provision of this chapter, the maximum
penalty, upon conviction of the violation, shall be a fine of not
less than $100 nor more than $1,000 or imprisonment in the county
jail for a period not exceeding 90 days, or both. In addition thereto,
upon such conviction, the person, firm or corporation violating any
of the provisions of this chapter shall be subject to suspension or
revocation of the license issued.
