[HISTORY: Adopted by the Mayor and Council of the Borough
of Norwood 5-8-2013 by Ord. No.
13-04; amended in its entirety 12-30-2015 by Ord. No. 15:18.
Subsequent amendments noted where applicable.]
This chapter is intended to regulate the trade in secondhand
or preowned precious metals, gems and jewelry, to prevent or reduce
trafficking in stolen goods, and to improve the likelihood that these
items will be recovered when they have been stolen or otherwise taken
from the rightful owner without permission. This chapter is intended
to assist law enforcement officials and victims of crime in recovering
stolen precious metals and other secondhand goods by requiring minimum
identification, reporting, maintenance and distribution criteria for
licensed dealers in these goods. Accordingly, no person may use, exercise
or carry on the business, trade or occupation of the buying, selling
or pawning of precious metals or other secondhand goods without complying
with the requirements of this chapter in the exact manner described
herein.
As used in this chapter, the following terms mean:
A current valid New Jersey driver's license or identification
card, a current valid photo driver's license issued by another
state of the United States, a valid United States passport, or other
verifiable United States government-issued identification, which will
be recorded on the receipt retained by the dealer and subsequently
forwarded to the local police department on request.
The Borough of Norwood.
The Chief of Police of the Borough's Police Department.
Any person, partnership, limited liability company, corporation
or other entity who, either wholly or in part, engages in or operates
any of the following trades or businesses: the buying for purposes
of resale of precious metals, jewelry or other secondhand goods as
defined herein; pawnbrokers as defined herein; itinerant businesses
as defined herein. For the purposes of this chapter, transient buyers,
as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
A dealer who conducts business intermittently within the
municipality or at varying locations.
The Mayor of the Borough.
Mayor and Council of the Borough.
The Clerk of the Borough.
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than choses
in action, securities or printed evidences of indebtedness; purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehousemen and lending
money on goods, wares or merchandise pledged or deposited as collateral
security.
Gold, silver, platinum, palladium and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
Every transaction conducted between a dealer and a member
of the public in which precious metals, jewelry or any other secondhand
goods as defined herein are purchased or pawned.
Used goods, such as antiques, gold, silver, platinum or other
precious metals, jewelry, 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, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For the purposes of this chapter, secondhand goods does
not include goods transacted in the following manner:
Judicial sales or sales by executors or administrators;
Occasional or auction sales of household goods sold from private
homes;
Auctions of real estate; and
The occasional sale, purchase or exchange of coins or stamps
by a person at his permanent residence or in any municipally owned
building 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.
A member of the public who sells or pawns used goods, such
as precious metal, jewelry or other secondhand goods to a dealer.
A dealer, as defined herein, who has not been in a registered
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 within six
months.
No person, partnership, limited liability company, corporation or other entity may engage in the business of buying, selling or pawning of precious metals or other secondhand goods within the jurisdiction of the Borough without having first obtained a license therefor from the Municipal Clerk. The license will bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk will state the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in § 176-2 above are being bought in any location within the municipality will constitute engaging in business as a dealer of secondhand goods for purposes of this chapter. No person, partnership, limited liability company, corporation or other entity may 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 municipality. In any print advertisement, the license number will appear in type no smaller than eight point in the lower right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number is a violation of this chapter, and offenders, upon conviction, are subject to the penalties established in § 176-9.
A.
Upon receipt of an application completed pursuant to this chapter,
the Municipal Clerk will refer such application to the Chief of Police,
who will investigate the prospective licensee pursuant to this chapter
for the purpose of determining the suitability of the applicant for
licensing. The investigation will include, but will not be limited
to the following:
(1)
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in § 176-2 above, although nothing in this section will be construed to warrant denial of a license solely on the basis of lack of experience;
(2)
The reputation of the applicant for fair dealing in the community,
which will be made among credible sources, which sources will be disclosed
to the applicant when any license application is denied;
(3)
Any criminal record of the applicant, including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
(4)
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section will not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business; however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by § 176-6C of this chapter will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under § 176-6A.
B.
The Chief of Police will complete any investigation pursuant to this
chapter within 30 days of the submission of the application, fully
completed by the applicant, to the Municipal Clerk. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
C.
The Chief of Police will, upon completion of the investigation, recommend
grant or denial of the license to the Municipal Clerk, who will grant
or deny the license. Any recommendation of the Chief of Police will
be in writing and, in the case of a recommendation of denial, will
state fully and specifically the reasons for said recommendation.
If the Municipal Clerk accepts the recommendation of the Chief of
Police to deny any license, the applicant will be notified in writing
within 10 days of such denial, and the Clerk will forward to the applicant
a statement of the reason or reasons for such denial.
D.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in § 176-5, the retention and inspection requirements of § 176-6, or any other portion of this chapter. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk will issue or deny the license accordingly, contingent upon the receipt of a bond as required by § 176-7 of this chapter.
E.
Whenever any application for a license is denied, the applicant will
be entitled to a hearing before the Mayor and Council, at which the
applicant will be permitted to introduce evidence as may be deemed
relevant to the denial. Any applicant exercising the right to appeal
must file a written notice of appeal with the Borough Clerk within
10 days of receiving written notice of denial of a license to act
as a dealer of secondhand goods.
F.
No dealer may assign any license issued pursuant to this chapter.
For every reportable transaction between a dealer and the public,
the dealer will:
A.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in § 176-2.
B.
Require each seller to execute a declaration of ownership, which
will contain the following certification: "My signature confirms that
I am the sole legal owner of and am legally authorized to sell the
goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years and the identification presented is valid
and correct."
C.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
(1)
The name, address and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase.
(2)
The name, address, date of birth and telephone number of the seller
or sellers.
(3)
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.
(4)
A photographed recording of the seller's presented acceptable identification, as set forth in § 176-2, in a format acceptable to the Chief of Police.
(5)
A photographed recording of all items sold in a format acceptable
to the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph.
(6)
The receipt number.
(7)
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind.
(8)
The price paid for the purchase or pawn of the item(s).
(9)
If precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 and
N.J.S.A. 51:6-1 et seq.
(10)
The time and date of the transaction.
D.
The information outlined in Subsection C above must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this chapter, and licensing will be conditional upon compliance with proper use of the system as described herein. These records are subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of his or her duty as set forth in Subsection F below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer will enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection C above.
E.
If a database fails, or dealer's computer equipment malfunctions, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. If paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection C above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Dealers failing to properly maintain computer equipment in a reasonable fashion or failing to replace faulty computer equipment may be cited for a violation of this chapter and subsequently be subject to the penalties for doing so, including revocation of the dealer's license as described in § 176-6.
F.
Every dealer, and every person in the dealer's employ, will to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in § 176-6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
A.
All secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least seven calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in § 176-5, except for precious metals and jewelry, which must be maintained for at least 10 business days or for the statutory period provided in N.J.S.A. 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and will not be sold, disposed of, changed, modified or melted by the dealer until the retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
B.
Upon probable cause that goods held by a dealer are stolen, and provided that the seller signed the mandatory statement required by § 176-5B upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who will be considered the victim of the offense for the purposes of N.J.S.A. 2C:43-3. The officer will seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
C.
In addition to all other reporting requirements, every dealer must maintain, for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in § 176-5C.
D.
No dealer may purchase any item covered by this chapter from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
E.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty will be in addition to any fines and penalties the dealer may incur pursuant to § 176-9 of this chapter.
(1)
Grounds for suspension. The following are grounds for suspension:
violation of any provisions of this chapter, including failure to
comply with any training or fees associated with the electronic database
software system in use by the municipality; violation of any other
statute, regulation or local ordinance; or any other illegal, improper
or fraudulent activity.
(2)
Procedure for suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof will issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk which will set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to Subsection G. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.
(3)
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief's designee, been cured, corrected or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection G.
F.
Revocation. A license issued under this chapter may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this chapter. This penalty is in addition to any fines and penalties the dealer may incur under § 176-9.
(1)
Grounds for revocation. The following are grounds for revocation:
a third violation under this chapter; a second violation under this
chapter less than one year after an earlier violation under this chapter;
conviction for a criminal offense within this or any jurisdiction;
or multiple violations of any other regulations or local ordinances
within this or any jurisdiction.
(2)
Procedure for revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police or the
Chief's designee will so report to the Municipal Clerk in writing.
A temporary suspension may immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. A
three-person panel, appointed by the Mayor, will review the stated
grounds for revocation, and the panel will issue an appropriate disposition
of either suspension, revocation, or reinstatement. If the panel determines
that revocation is the appropriate disposition, it will set forth
the grounds for the same in writing in the form of a notice of revocation,
which will be provided to the dealer. The notice will advise the dealer
of the right to appeal. If the panel determines that suspension is
the appropriate disposition, it will provide the dealer with a notice
of suspension that will advise the dealer of the right to appeal.
Following revocation, the dealer must relinquish his or her license
and must immediately and indefinitely cease operating as a dealer
of precious metals or other secondhand goods within the municipality.
G.
Appeal. Any dealer wishing to appeal an issuance of a suspension
or revocation will be entitled to a hearing before the Mayor and Council,
at which the dealer will be permitted to introduce evidence as may
be deemed relevant to the suspension or revocation. Any applicant
exercising the right to appeal must file a written notice of appeal
within 10 days of receiving written notice of revocation or suspension
of license.
H.
A dealer will have the right to change the location of the licensed
business within the Borough, provided that he or she notifies the
Municipal Clerk, in writing, of the street address of said new location.
Each dealer covered under this chapter will deliver a bond to
the Municipal Clerk executed by the applicant as principal and executed
by a surety company authorized to do business under the laws of the
State of New Jersey as surety. The bond will be subject to review
and approval by the Borough Attorney, and will be in the penal sum
of $10,000, conditioned for the due and proper observance of and compliance
with the provisions and requirements of all ordinances of the municipality
in force or which may be adopted respecting the conduct of this business
and conditioned also that the bond will be and remain for the benefit
of any person or persons obtaining judgment against the dealer licensed
under this chapter, which damage is established by a judgment of a
court of proper jurisdiction. The bond will contain the following
language: "The obligation of this bond will, in addition to the Borough,
be and remain for the benefit of any person obtaining a judgment against
obligor as a result of damage sustained in operation pursuant to any
license granted under this chapter." Said bond will be kept for a
minimum of one year from the date of issuance of license and must
be renewed annually along with the license.
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this chapter, is $300. The annual renewal fee for a license is $300. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by § 176-5D of this chapter. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date it is issued.
Violation of any provision of this chapter by any dealer will, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of the operating license as provided in § 176-6E and F above. Each and every violation will be considered a separate violation. Each violation will result in an additional suspension period. Any person who is found guilty 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 and, in addition, may be subject to revocation proceedings as provided in § 176-6F. The additional fine imposed as a repeat offender will not be less than the minimum or exceed the maximum fine provided herein, and same will be calculated separately from the fine imposed for the violation of this chapter.
This chapter is not intended to be inconsistent with or replace
any statutory requirements governing pawnbrokers, in N.J.S.A. 45:22-1
et seq., the sale of precious metals, in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry in N.J.S.A. 2C:21-36 to 2C:21-41; or
any other New Jersey statute or regulation regarding any subject matter
of this chapter.
