For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings ascribed herein.
Words used in the present tense shall include the future, words in
the plural number shall include the singular number and words in the
singular number shall include the plural number. The word "shall"
is always mandatory and not merely directory.
ACCEPTABLE IDENTIFICATION
Acceptable forms of identification include a current valid
New Jersey driver's license or New Jersey identification card,
a current valid photo driver's license issued by another state,
a valid United States passport, or other verifiable United States
government-issued identification.
ARTICLE
Any article of merchandise, including any portion of such
article, whether a distinct part thereof or not, including every part
thereof whether separable or not, and also including material for
manufacture. And as so defined in N.J.S.A. 51:6-1.
CHIEF OF POLICE
The Chief of Police of the Borough of Lindenwold or his designee/representative.
DATABASE
A computerized Internet-capable database with hardware and
software compliant to that set by the Chief of Police.
DEALER
Any person, partnership, corporation or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells or otherwise exchanges or trades secondhand gold,
silver, precious metals, gems or jewelry, and includes anyone advertising
the purchase or sale of any of the aforementioned items.
DESIGNATED VENDOR
A person or entity that is appointed or designated by the
Chief of Police who is authorized to collect and maintain precious
metal transaction information, or other purchase information as defined
herein, for the Borough of Lindenwold.
GIFT CARD
A restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
ITINERANT BUSINESS
Any business conducted intermittently within the Borough
of Lindenwold or at varying locations.
PERSON
Any individual natural person, partnership, joint venture,
business, society, associate, club, trustee, trust, corporation or
unincorporated group, or an officer, agent, employee, servant, factor
or any form of personal representative of any thereof, in any capacity,
acting for self or on behalf of another.
PRECIOUS METALS
Comprised of gold, silver, sterling, platinum and/or their
alloys, as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et
seq., and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and
all forms of jewelry herein contained.
PUBLIC
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
PURCHASE
The exchange of money and the exchange, deposit, pledge,
sale, conveyance or trade of any tangible or intangible article.
REPORTABLE TRANSACTION
Every transaction conducted by a dealer in which precious
metals or other tangible property are purchased or exchanged from
or with the public.
SECONDHAND GOODS
Any article previously sold, acquired, exchanged, conveyed,
traded or otherwise formerly owned, including but not limited to scrap
gold, old gold, silver, jewelry, home electronics/audio and visual
equipment, telephones and telephonic equipment, scales, computers,
computer hardware and software, coins, electronic tablets, cameras,
scanners, sporting goods of all kinds, antiques, platinum, all other
precious metals, tools of all kinds, televisions, DVRs, GPS, camcorders,
car stereos, gift cards, furniture, clothing or other valuable articles.
TRANSIENT BUYER
A dealer who has not been in any retail business continuously
for at least six months at any address in the municipality where the
dealer is required to register or who intends to close out or discontinue
all retail business in the Borough of Lindenwold within six months.
Or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
Every dealer within the Borough of Lindenwold shall, upon the
purchase of any precious metals or second hand goods from the public,
be required to do as follows:
A. Record on a numbered receipt the name, address and telephone number
of the purchaser; the name, address and telephone number of the seller
or sellers; the time and date of the transaction; the net weight in
terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the
precious metals; fineness in terms of karats for gold and sterling
or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq., and
N.J.S.A. 51:6-1 et seq. This information is to be documented through
use of an electronic database software system as designated by the
Chief of Police. These records shall be subject to the inspection
of any authorized police officer of the Borough of Lindenwold.
B. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, enter all transactions into the electronic database within 48 hours from the date of purchase. The information entered will contain the information in Subsection
A above, plus the following:
(1) A physical description of the seller.
(3) A full description of the item or items purchased, including but
not limited to marks, numbers, dates, sizes, shapes, initials, monograms
and serial numbers.
(4) The price paid for the item.
(5) The form must be signed by the seller.
(6) The form must be legibly initialed by the Clerk or the dealer who
made the transaction so as to readily identify that individual
(7) A color photograph or color image of the seller's presented
identification.
(8) A color photograph or color image of all items sold. When photographing
or imaging, all items must be positioned in a manner that makes them
readily and easily identifiable.
(9) Items should not be grouped together when photographing or imaging;
each item will have its own color photograph or color image.
C. The precious metals are to be made available for inspection by the
Chief of Police of the Borough of Lindenwold or a designee of the
Chief of Police for a period of five days from the date the information
required above is received by the Chief of Police on the approved
form. The precious metals shall remain in the same condition as when
purchased and shall not be changed, modified, melted or disposed of
by the purchaser until the five-day period has expired. During this
five-day period, the precious metals shall be placed in public view
at the purchaser's place of business. If the property is such
that it would create a hardship on the dealer by holding the precious
metals for such period, the dealer may present the property to the
Chief of Police in order that it may be photographed and, if deemed
necessary by the Chief of Police, an investigation be implemented.
The Chief of Police has the authority to grant the dealer a waiver
of the requirement under this section.
D. In the event a database failure or dealer's computer equipment
malfunction, all transaction information is required to be submitted
on paper forms approved by the Chief of Police. In the event that
paper forms are used, the dealer is responsible to enter all transaction
information into the database as soon as possible upon the dealer's
equipment being repaired or replaced or the database coming back into
service. Failure by the dealer to properly maintain computer equipment
in a reasonable fashion or failure by the dealer to replace faulty
computer equipment may result in the dealer being cited for a violation
of the ordinance and subsequently being subject to the penalties for
doing so.
E. It shall be the requisite duty of every dealer and of every person
in the dealer's employ to admit to the premises during business
hours any member of the Lindenwold Police Department to examine any
database, book, ledger or any other record on the premises relating
to the purchase of precious metals from the public, as well as the
articles purchased or received, and to take possession of any article
known by the police officer or official to be missing or to have been
stolen or where the officer or official has probable cause to believe
the article is missing or stolen.
This chapter shall not apply to purchases made by jewelers or
other dealers from wholesalers or other suppliers but shall only apply
to those purchases made from the public or other retail purchases.
The dealer shall keep records of all wholesale purchases for a period
of six months from the date of such purchase, which records shall
be opened to investigation by the Lindenwold Borough Police Department.
No dealer within the Borough of Lindenwold shall purchase any
precious metals from any person under the age of 18 years.
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties as set forth in Chapter
1, §
1-1, of this Code. Each and every violation shall be considered a separate violation. Every day that a violation continues shall be a separate violation. Each violation shall result in an additional ten-day suspension. Any person who is convicted of violating the provisions of this chapter within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall be calculated separately from the fine imposed for the violation of this chapter.