[HISTORY: Adopted by the Mayor and Council of the Borough
of Lindenwold 9-11-2013 by Ord. No. 1345. Amendments noted where
applicable.]
A.
The purpose and intent of this chapter is to assist law enforcement
officials and victims of crime in recovering stolen precious metals,
gems, gemstones and/or other articles by requiring minimum reporting,
maintenance and distribution criteria for secondhand and transient
dealers.
B.
No person shall use, exercise or carry on the business, trade or
occupation of buying scrap gold, old gold, silver, jewelry, home electronics/audio
and visual equipment, musical instruments, telephones and telephonic
equipment, scales, computers, computer hardware and software, typewriters,
word processors, 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, hereinafter referred to as "secondhand
goods or articles," or being a secondhand dealer within the Borough
of Lindenwold without having first obtained a license from the Borough
of Lindenwold.
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 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.
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.
The Chief of Police of the Borough of Lindenwold or his designee/representative.
A computerized Internet-capable database with hardware and
software compliant to that set by the Chief of Police.
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.
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.
A restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
Any business conducted intermittently within the Borough
of Lindenwold or at varying locations.
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.
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.
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
The exchange of money and the exchange, deposit, pledge,
sale, conveyance or trade of any tangible or intangible article.
Every transaction conducted by a dealer in which precious
metals or other tangible property are purchased or exchanged from
or with the public.
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.
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.
A.
Initial license application process. Every dealer intending on conducting
business within the jurisdiction of the Borough of Lindenwold shall
first make application to the Mercantile Clerk or designee and shall
complete the application.
B.
Upon initial application and fee to the Mercantile Clerk or designee, each dealer shall provide proof that the dealer has obtained computer equipment and software required in § 234-6 of this chapter for purposes of reporting all transaction data in electronic format to the Lindenwold Police Department.
A.
B.
The fee for the electronic database software system shall be as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-4. The database software system fee shall be paid by the dealer and shall be in addition to the annual mercantile license fee. The dealer shall pay all fees annually, on or before January 10 of each year, and shall pay the mercantile fee and database software system fee separately.
[Added 11-6-2013 by Ord.
No. 1352[2]]
C.
A license issued under the provisions of this chapter shall not be
transferable and shall terminate on December 31 of the year in which
said license is issued.
D.
No license fee shall be prorated.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Chief of Police after a hearing upon notice to the applicant
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license;
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the business of purchasing secondhand precious metals,
gems and jewelry;
(3)
Any violation of this chapter;
(4)
Conviction of any crime or disorderly persons offense involving moral
turpitude; and
(5)
Conducting the business of soliciting or canvassing in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for the hearing.
C.
Procedures; written complaint; notice; hearing.
(1)
A complaint seeking the revocation of a license may be filed by the
Chief of Police or any designate of the Chief of Police who is an
active member of the Lindenwold Police Department. Such complaint
shall be in writing and filed with the Borough Clerk or designate.
The complaint shall be specific and shall be sufficient to apprise
the licensee of the charges, so as to permit the licensee to present
a defense. The individual filing the complaint may do so on the basis
of information and belief and need not rely on personal information.
(2)
Upon filing of such written complaint, the Borough Clerk or designee
shall immediately inform the Borough governing body, and a date for
a hearing shall be scheduled, which shall not be sooner than 10 nor
more than 30 days thereafter. The Borough Clerk or designee shall
forward a copy of the complaint and a notice as to the date of the
hearing to the licensee and the agent, if any, at the address indicated
on the registration form. Service upon the agent shall be sufficient.
(3)
The hearing required by this section shall be held before the Borough
governing body, unless, in its discretion, the Borough determines
that the matter should be heard by a hearing officer, who shall be
appointed by the Borough. If the matter is referred to a hearing officer,
such officer shall transmit the findings of fact and conclusions of
law to the Borough within 30 days of the conclusion of the hearing.
The Borough shall then review the matter and may accept, reject or
modify the recommendations of the hearing officer based upon the record
before the hearing officer. In the event the matter is not referred
to a hearing officer and is heard by the Borough, then the Borough
shall render a decision within 30 days of the conclusion of the hearing.
Following the hearing, a decision shall be rendered, either dismissing
the complaint, revoking or suspending the license, or determining
that the license shall not be renewed for one or more years.
(4)
A stenographic transcript may be made of the hearing. All witnesses
shall be sworn prior to testifying. The strict rules of evidence shall
not apply, and the evidential rules and burdens of proof shall be
that which generally control administrative hearings.
(5)
The Borough Solicitor or his designee shall appear and prosecute
on behalf of the complainant at all hearings conducted pursuant to
this chapter.
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.
(2)
The receipt number.
(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.
