[HISTORY: Adopted by the Township Committee of the Township
of Cinnaminson 2-24-2014 by Ord. No. 2014-3.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 265.
[1]
Editor's Note: This ordinance also repealed former Ch.
397, Precious Metals and Gems, adopted 8-11-1981 by Ord. No. 1981-12
(Sec. 2.116 of the 1995 Code), as amended.
The Township Committee hereby finds that there is a need to
regulate and control the buying and selling of gold, silver, and precious
or semiprecious gems in order to prevent the easy disposal of items
which have been unlawfully obtained as the result of crime, while
protecting and recognizing the legitimate businesses which are engaged
in the buying and selling of gold, silver and precious or semiprecious
gems.
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 identification card issued by
the New Jersey Motor Vehicle Commission, a current valid photo driver's
license issued by another United States state, other verifiable United
States government issued photo identification with address, or valid
United States passport and evidence of current address. All of the
above-listed identification procedures require the dealer to capture/record
evidence of the person's current address.
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, which may be amended
from time to time. If the definitions in this chapter and state statute
are or become different, this chapter shall use the more expansive
definition to ensure the goals of this chapter are fostered.
A computerized Internet-capable database with hardware and
software compliant with standards set by the Director of Public Safety.
Any person, partnership, corporation, or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys or sells, receives for pawn or otherwise exchanges or trades any property as described in Appendix I[1] of this chapter, and includes anyone advertising the purchase,
sale or receipt for pawn of any of the aforementioned items.
The Director of Public Safety of the Township of Cinnaminson
or his designee/representative.
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 Township
of Cinnaminson or at varying locations.
A bailment of personal property as security for any debt
or engagement redeemable upon certain terms and with the implied power
of sale or default.
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 other retail sellers, not to include businesses
engaged primarily in wholesale transactions.
The exchange of money or other consideration for the pledge, sale, conveyance or trade of any property described in Appendix I[2] of this chapter.
Every transaction conducted by a dealer in which property described in Appendix I[3] of this chapter is purchased, pawned or exchanged from
or with the public, as that term is defined in this section.
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, 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, other valuable articles, or as listed in Appendix I.[4]
A dealer who has not been in any retail business continuously
for at least six months at that address in the municipality where
the dealer is required to register. The term "transient buyer" will
also include a dealer who intends to close out or discontinue all
retail business in the Township of Cinnaminson within six months.
Or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1. Vendors
doing business during a community event sponsored/sanctioned by the
Township of Cinnaminson shall not be considered a transient buyer.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
No person shall engage in a regulated activity, as defined above,
without having first obtained a license therefor from the Township
Clerk, after the application for said license has been approved by
the Township Committee, which license shall bear a number issued by
the Township Clerk and shall be prominently displayed within the licensed
premises. A separate dealer's license shall be required for each
location, place, or premises used for the conduct of such business,
and employees shall also be licensed as described herein.
At the time of filing the application for a license, a license fee shall be paid for the initial license for the premises where the activity is to be conducted, together with a fee for each employee who is to be licensed, as set forth in Chapter 265, Fees. Thereafter, the annual renewal fee for the license and for each employee who is to be licensed shall be as set forth in Chapter 265. The license fee is established to cover the cost of the Police Department's internal investigation and administrative processing of each application.
A.Â
An application for a license shall be in written form established
by the Director of Public Safety and shall state the full name and
place of residence of the applicant or, if the applicant is a partnership,
of each member thereof, or, if a corporation or association, of each
officer and stockholder thereof, together with the place or places
where the business is to be conducted. For any corporation whose stock
is publicly traded, the requirement for the information on each officer
and stockholder may be satisfied by attaching to the application a
copy of the most recent annual report of the corporation, listing
the officers and directors of the corporation along with a certification
as to the total number of stockholders and the name and address of
any stockholders holding more than 10% of the outstanding stock. The
application shall include the fingerprinting of each individual applicant
or licensed employee, each member of a partnership, or each stockholder
holding more than 10% of the outstanding stock in a corporate applicant.
B.Â
Application for an employee license. An application for a license
shall be in written form established by the Director of Public Safety
and shall state the full name and place of residence of the applicant
who will engage in the business transactions for the licensed business.
Each employee who will engage in such transaction is required to be
licensed annually. The initial application shall include the fingerprinting
of each individual applicant through the State of New Jersey Morpho
Trak system as the same may be changed by the state from time to time.
Renewal applications shall require a certification but no fingerprints.
C.Â
Investigation. Upon receipt of an application completed pursuant
to this chapter, the Director of Public Safety shall institute such
investigation of the applicant's moral character and business
responsibility as he deems necessary for the protection of the public
welfare. Upon completion of the investigation, which in no case shall
take more than 45 days without consent of the applicant, the Director
of Public Safety shall recommend either approval or denial to the
Township Committee by providing a written recommendation to the Township
Administrator. The Township Committee shall determine whether to issue
or deny a license. If the Director of Public Safety recommends denial
of the license, the grounds for the denial shall be stated. Grounds
for the denial of the license may include information indicating that
the applicant is not of good moral character or is of questionable
business responsibility, and a recommendation of denial shall be given
if the applicant has been convicted of a crime of the first or second
degree or any crime involving dishonesty, fraud, deceit or misrepresentation.
If the Township Committee determines that a denial of the application
is proper, the applicant shall be so notified and, upon written request,
may seek to present additional information to the Township Committee
before the decision of the Committee is made final.
D.Â
Revocation or suspension of license.
(1)Â
Any license may be suspended or revoked for any violation of this
chapter in addition to any other penalty imposed. Licenses issued
under the provisions of this chapter may be revoked by the Director
of Public Safety after a hearing, upon notice to the applicant, for
any of the following causes:
(a)Â
Fraud, misrepresentation, or false statement contained in the
application for license;
(b)Â
Fraud, misrepresentation, or false statement made in the course of carrying on the business as a dealer in property as described in Appendix I[1] of this chapter;
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c)Â
Any violation of this chapter;
(d)Â
Conviction of any crime;
(e)Â
Conviction of any disorderly persons offense involving moral
turpitude;
(f)Â
Conviction of an offense under the laws of the United States or any other state, which is substantially equivalent to the offenses named in Subsection D(1)(e) above; or;
(g)Â
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.
(2)Â
Notice of the hearing for suspension or 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 the address in the application at least
10 calendar days prior to the date set for the hearing. The hearing
shall be conducted by the Township Attorney or the Director of Public
Safety before the Township Committee. At the conclusion of the hearing,
the Township Committee may suspend or revoke the license. In the event
that the license holder does not request a hearing in the aforementioned
10 days following the notice, the license shall be suspended or revoked
by the Township Committee upon a good cause finding.
(3)Â
Any dealer whose license has been suspended or revoked may apply
for reinstatement by filing a written request for reinstatement with
the Director of Public Safety. The written request shall address each
issue that resulted in the suspension or revocation. The request shall
be accompanied by a payment of a reinstatement fee of $100. The Director
of Public Safety shall review the information submitted and perform
an on-site inspection if necessary and make written recommendation
to the Township Committee, copying in the dealer. The Township Committee
shall determine whether reinstatement is appropriate. The dealer shall
be notified of the date and time when the Township Committee shall
make its decision and be provided an opportunity to be heard.
A.Â
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, unless it is properly renewed pursuant to
the provisions of this chapter.
B.Â
On or about November 1 of each year, the Director of Public Safety shall make available a renewal application for each licensed dealer and employee under this chapter. Upon submission of the renewal application, the license will be renewed unless the dealer has violated provisions of this chapter. In such case, the Director of Public Safety will notify the dealer, who may request a hearing as described in § 397-5.
Every dealer within the Township of Cinnaminson shall, upon purchasing, receiving for pawn, or receiving for consignment, any property, as described in Appendix I,[1] from the public, as this term is defined in § 397-2, shall be required to:
A.Â
Record using a unique transaction number 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., N.J.S.A. 51:6-1 et seq. and N.J.S.A. 51:6A-1 et seq., and any
property containing a serial number.
B.Â
Document, through use of an electronic database software system as designated by the Director of Public Safety, the information listed in § 397-7C(1) to (6). These records shall be subject to the inspection of any sworn law enforcement officer acting in the performance of his/her duties. The dealer shall be responsible for purchasing and maintaining the electronic database software chosen.
C.Â
Through the use of applicably required computer equipment, and using
the electronic format approved by the Director of Public Safety, enter
all transactions into the electronic database at the time of the transaction,
but not later than 48 hours from the time of the purchase, including
the following information:
(1)Â
The name, address, date of birth, telephone number, and governmental
identification number of the seller;
(2)Â
A full description of property sold or pawned by the seller, including
but not limited to, marks, numbers, dates, sizes, shapes, initials,
monograms and serial numbers, face value and identifying numbers of
gift cards;
(3)Â
The price paid for the property;
(4)Â
The entry must include the name of the licensee/employee who made
the transaction so as to readily identify that individual;
(5)Â
A color photograph or color image of the seller's presented
acceptable identification scanned into the transaction record;
(6)Â
A color photograph or color image of all property sold scanned into
the transaction record. When photographing or imaging, all property
must be positioned in a manner that makes it readily and easily identifiable
i.e., rings must be placed face up and jewelry separated.
D.Â
Any article purchased or pawned by the dealer cannot be sold or disposed
of and shall be made available for inspection by any sworn law enforcement
officer in the performance of his/her duties for a period of 15 business
days from the date the information required above is received by the
Director of Public Safety in the prescribed electronic format. The
property shall remain in the same condition as when purchased and
shall not be changed, modified, melted or disposed of by the dealer
until the fifteen-day period has expired. If the property is such
that it would create a hardship on the dealer by holding the property
for such period, the dealer may present the property to the Director
of Public Safety or his designee in order that it may be photographed
and, if deemed necessary by the Director of Public Safety, an investigation
be implemented. The Director of Public Safety has the authority to
grant the dealer a waiver of the requirement under this section.
E.Â
In the event of a database failure or dealer's computer equipment malfunctions, all transaction information is required to be submitted on paper forms approved by the Director of Public Safety. In the event that paper forms are used, the dealer is responsible to enter all required transaction information described in § 397-7C(1) to (6) 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 this chapter and may result in the revocation of the dealer's license under § 397-5D of this chapter.
F.Â
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 Cinnaminson Police Department or any other
sworn law enforcement officer acting in the performance of his/her
duties to examine any database, book, ledger, or any other record
on the premises relating to the purchase of property from the public.
Cinnaminson Township law enforcement officers are empowered to take
possession of any property known by a law enforcement 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. Mutual
receipts will be provided to the dealer and the police for any property
seized by the Cinnaminson Township Police Department.
G.Â
It shall be the duty of every dealer to maintain in working condition
the software and hardware required to properly utilize the electronic
database software system designated and approved by the Director of
Public Safety for documenting transactions consistent with this section.
Payment of all required fees for any such hardware, software, licensing,
maintenance and repair are the sole responsibility of the dealer.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
This chapter shall not apply to purchases made by dealers from wholesalers or other legitimate suppliers, but shall only apply to those purchases made from the public which includes other retail sellers as defined in § 397-2. The dealer shall keep records of all wholesale purchases for a period of five years from the date of such purchase in accordance with N.J.S.A. 2C:21-36e, which records shall be opened to investigation by the Cinnaminson Township Police Department or any sworn law enforcement officer in the performance of his/her duties. This chapter specifically does not apply to yard sales and garage sales by residents conducting such sales from their home residence a maximum of six times per year.
No dealer within the Township of Cinnaminson shall purchase any property as defined in Appendix I[1] from any person under the age of 18 years.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
Violation of any provision of this chapter shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $2,000
and/or by imprisonment for a term not exceeding 90 days and/or by
a period of community service not exceeding 90 days. Each and every
violation shall be considered a separate violation. Each day that
a violation continues shall be a separate violation. Each violation
shall result in a ten-day suspension of the dealer's license
under this chapter.
