As used in this chapter, the following terms shall have the
meaning indicated:
OCCASIONAL
As used herein, less than once per month, as averaged over
a twelve-month period.
SECONDHAND DEALER
A.
Except as provided in Subsection
B below, any person, partnership, limited liability company, corporation or other entity who either wholly or in part engages in or operates a trade or business of buying and/or selling used goods or equipment in the Township of Ewing ("Township"), such as antiques, precious stones, gold, silver, platinum or other precious metals, jewelry, coins, any tools, television sets, radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive equipment, collectibles, and other electronically recorded material, firearms, cameras and camera equipment, video equipment, bric-a-brac, luxury clothing, furs, purses, watches, desktops, laptops, tablets, computers, portable GPS units, cell phones, gaming systems and video game consoles.
B.
"Secondhand dealer" shall not be deemed to include:
(1)
Judicial sales or sales by executors or administrators;
(2)
Occasional or auction sales of household goods sold from private
homes;
(4)
The occasional sale, purchase or exchange of coins or stamps
by a person at his permanent residence, or in any municipally owned
building by a person who is engaged in the hobby of collecting coins
or stamps, and who does not solicit the sale, purchase or exchange
of such coins or stamps to or from the general public by billboard,
sign, handbill, newspaper, magazine, radio, television or other form
of printed or electronic advertising.
No person, partnership, limited-liability company, corporation or other entity shall engage in business as a secondhand dealer without first obtaining a license from the Township Clerk. Advertising in any print or electronic media or by sign that any of those articles or goods referred to in Subsection A of the definition of "secondhand dealer" in §
211-1 above, are being bought in any location within the Township shall constitute engaging in business as a secondhand dealer for purposes of this chapter. No person shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the Township. In any print advertisement, the license number shall appear in type no smaller than eight-point in the lower right-hand comer of the advertisement. In any advertisement in the electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this chapter and shall be subject to the penalties established in this chapter.
[Amended 4-22-2014 by Ord. No. 14-04]
A licensee shall require of each person selling used goods or equipment as defined in §
211-1 above suitable identification setting forth the true name
and home address of the seller. Acceptable identification includes
a valid driver's license issued by any state of the United States
of America, a valid government-issued identification, or photo identification
and one fingerprint, which will be recorded on the receipt retained
by the licensee, and subsequently forwarded to the Ewing Township
Police Department. A licensee shall issue to each seller a serially
numbered receipt setting forth the following information, completed
by the licensee:
A. The name and business address of the license;
B. A detailed legible description of the item(s), and the manufacturer
of the item(s). In the case of jewelry, description must include style,
length, color, design and stones if any.
C. A statement in full of any identifying marks on the item, such as
initials, names, dates, social security numbers engraved thereon,
serial numbers or any other information which sets apart the particular
object from others of like kind.
D. If the item is purchased by weight, the troy ounce weight of the
item.
E. The legible name of the clerk or employee of the licensee making
the transaction.
F. The name and home address of the seller, which shall be verified
by proof of identification. The receipt book shall be a record kept
in the regular course of business of the licensee.
G. The actual price paid for the purchase of such item.
H. A photographed recording of the item(s) being purchased by the licensee
will be ascertained by the Ewing Township Police Department. The photograph
should be of digital JPEG format and quality, with the ability to
be electronically transferred to a computer, and shall include a photograph
of the identification presented by the seller, and it shall be attached
to the above-mentioned serially numbered receipt. If required by the
Ewing Township Police Department, the licensee shall compile and/or
transmit such information to an electronic reporting and criminal
investigation system as specified by Ewing Township Police Department.
[Amended 4-22-2014 by Ord. No. 14-04]
A. A licensee shall maintain duplicate copies of all issued seller receipts
and photographs in legible form, for a period of at least two years
form the date of purchase by the licensee. The receipts shall be available
upon request for inspection, during normal business hours, by members
of the Ewing Township Police Department. Copies of the receipts shall
be made available for the Ewing Township Police Department at the
licensee's expense. The license issued to the licensee shall
be posted in a conspicuous place at the location of the licensed business.
B. Licensee shall forward a copy of all purchase receipts to the Criminal Investigations Bureau of the Ewing Township Police Department either via e-mail, fax or hand delivery, and/or transmit into an electronic reporting and criminal investigation system as may be specified by the Ewing Township Police Department not less than once every seven days; however, no articles or goods referred to in §
211-1 above shall be sold, altered or otherwise disposed of
unless a copy of the purchase receipt shall have been e-mailed, faxed
or hand delivered, and/or transmitted into an electronic reporting
and criminal investigation system, as may be specified by the Ewing
Township Police Department, to the Criminal Investigations Bureau
at least 24 hours before such disposition.
C. No license shall be assignable by the licensee.
The nonrefundable fee for initial application and license is
$200. The annual renewal fee for a license is $100. A license is valid
for a one-year period from the date of its issuance.
Any person, partnership, limited liability company, corporation,
or other entity who shall violate any provision of this chapter shall,
upon conviction thereof, be subject to the maximum fines and penalties
established under N.J.S.A. 40:49-5, and as same shall be amended from
time to time. Each and every day a violation of this chapter shall
exist shall constitute a separate violation.
Any person, partnership, limited-liability company, corporation,
or other entity engaging in the business of a secondhand dealer shall
conform to the provisions of this chapter within 90 days following
the effective date of this chapter.