[HISTORY: Adopted by the City Council of
the City of Vineland 5-8-1990 by Ord. No. 90-39 (Ch.
388 of the 1990 Code); amended in its entirety 12-10-2013 by Ord. No. 2013-64. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Deceptive advertising — See Ch. 200.
Auctions and auctioneers — See Ch. 230.
Firearms — See Ch. 358.
Peddling and soliciting — See Ch. 516.
Transient merchants — See Ch. 676.
Purpose and intent: The purpose and intent of this chapter to
assist law enforcement officials and victims of crime in recovering
stolen precious materials, gems, gemstones and/or other articles by
requiring minimum reporting, maintenance and distribution criteria
for secondhand dealers. This section is to take effect on January
1, 2014. This chapter shall also pertain to and include scrap yards
or scrap metal businesses and shall not lessen the mandatory requirements
under New Jersey laws but shall establish additional requirements
for the operation of scrap yards and scrap metal business in the City
of Vineland to operate. This section shall take effect immediately
upon adoption. [Amended 6-10-2014 by Ord. No. 2014-21]
As used in this chapter, the following terms shall have the
meanings indicated:
In reference to this chapter, "Chief of Police" will be understood
as the Chief of Police or his designee.
Any individual, partnership, association, corporation or
legal entity of any kind.
A person, firm or corporation primarily engaged in the sale
and transfer of coins or precious metals who is a member of a numismatic
association representative of professional coin dealers on a national
basis, including but not limited to the American Numismatic Association,
the Professional Numismatic Guild, Coin and Bullion Dealers Accrediting
Commission or the Industry Council for Tangible Assets.
Address specified on the dealer's license.
As defined in N.J.S.A. 51:6A-5, gold, silver, platinum, palladium
and alloys thereof.
Any person, firm or corporation, coin dealer, scrap yard,
or other entity, whether permanent or itinerant, that buys or sells
or otherwise exchanges or trades in any secondhand goods whatsoever,
said dealers to be designated in the following classes, as set forth
below:
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CLASS A DEALER — A person, firm or corporation
engaged in business practices of buying, selling, trading, exchanging
or dealing in secondhand property of any description, or as a result
of having received that secondhand goods in trade, or by repossession
or as part payment for new merchandise. This license excludes motor
vehicles.
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A.
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Exemptions for Class A license:
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(1)
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The provisions of this chapter shall not apply to licensed coin
dealers who deal strictly in their respective specialty. Any of the
aforesaid dealers who deal in any secondhand items which are not their
specialty are required to obtain a license pursuant to this chapter
and to abide by the same.
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(2)
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The provisions of this chapter shall not apply to flea market
vendors except cash-for-gold merchants. The provisions of this chapter
also shall not apply to any pawnbroker as defined in N.J.S.A. 45:22-1.
However, any pawnbroker who deals in any secondhand items not for
the purpose of pawning or making loans thereon is required to obtain
a license, pursuant to this chapter, and to abide by the same.
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CLASS B DEALER — A charitable organization,
as defined in Chapter 501(c)(3) of the Internal Revenue Code of 1954
and 1986, as amended, which has donated to it, or receives on consignment,
secondhand personal property, other than motor vehicles, for the purpose
of resale.
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Any article previously sold, acquired, exchanged, conveyed,
traded or otherwise formerly owned, including but not limited to scrap
metal, scrap gold, old gold, silver, jewelry, home electronics/audio
and visual equipment, telephones and mobile devices/equipment, scales,
computers, computer hardware and software, video game consoles and
games, coins, electronic tablets, cameras, scanners, sporting goods
of all kinds, household goods, antiques, platinum, all other precious
and nonprecious metals, tools of all kinds, television, DVRs, GPS,
camcorders, car stereos, gift cards, furniture, clothing or other
valuable articles.
[Amended 6-10-2014 by Ord. No. 2014-21]
It shall be unlawful for any person, firm or corporation to
engage in the business of being a secondhand dealer as defined in
this chapter without first obtaining a license therefor from the City
of Vineland Police Department, as hereinafter provided. A separate
license shall be required for each location, place or premises used
for the conduct of the business of being a secondhand dealer. Each
location, place or premises shall be limited to a single secondhand
license.
A.
The Chief of Police or his/her designee shall, on application, issue
an appropriate license to any secondhand dealer who complies with
the application and licensing requirements set forth in this chapter
or subsequent to any investigations deemed necessary by said Chief
of Police or his/her designee. All applicants shall pay to the City
of Vineland a nonrefundable application fee as follows:[1]
[1]
Editor's Note: Ordinance No.
2020-47, adopted 10-13-2020,
waived Class A and Class B licensing fees for the licensing year beginning
1-1-2021 and ending 12-31-2021.
B.
All secondhand dealer licenses shall expire on December 31 of each
year.
The license issued pursuant to this chapter shall state the
name of the person to whom issued, the place of business and the street
number where such business is located. Such license shall entitle
the person receiving it to conduct business at the location designated
in the license and such business shall not be carried on or conducted
in any other location than that designated in or by the license. No
secondhand dealer shall be permitted to solicit upon any street or
public highway of the City of Vineland for the purpose of secondhand
good purchases, and no person, firm or corporation shall conduct a
house-to-house canvass for the purchase or sale of secondhand or used
watches, jewelry, precious stones, gold, silver, platinum, wrought
gold or any other precious metals and/or semiprecious stones within
the City.
A.
Each applicant for a secondhand dealer's license and his employees
shall have their fingerprints taken in a manner prescribed by the
Vineland Police Department. Fingerprints so furnished shall become
a part of the application. In the event of a partnership or association,
all partners or members and, in the event of a corporation, all officers
shall be required to have their fingerprints taken by the Vineland
Police Department. Fingerprints so taken shall be submitted to the
Federal Bureau of Investigation and to such further authorities as
the Chief of Police may deem advisable for comparison and record.
Employees of businesses that primarily deal in new merchandise will
only be required to submit fingerprints if they will be participating
in transactions of secondhand goods. Exclusions to this chapter, if
granted, shall be by the Chief of Police or his designee on a case-by-case
determination.
B.
Proof the Class A applicant has obtained computer equipment, access to any and all web-based applications, and software required in § 574-6B of this chapter, for purposes of reporting all transaction data in electronic format to the Vineland Police Department. The applicant shall agree to all user terms, conditions, rules, and additional service or transaction fees of the Vineland Police Department and their syndicated partners. All applicants will be made aware of any and all additional fees prior to the approval of a license. Fees and services shall not increase during the course of a license, unless the possibility of an increase or increases is specified prior to the approval of a license.
C.
Police-Department-approved secured storage for all secondhand goods.
Every dealer within the City of Vineland shall, upon the purchase
of any precious metals, or secondhand goods from the public, be required
to do as follows:
A.
Record on a numbered receipt the name of the purchaser; the name,
address, date of birth and valid 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.
B.
Through the use of applicably required computer equipment, camera, software, internet capabilities and using the electronic format approved by the Chief of Police, enter all transaction into the electronic database within 24 hours from the date of purchase. The information entered will contain the information in § 574-6A 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, values
of gift cards, monograms and serial/model numbers.
(4)
The price paid for the item.
(5)
The form must be signed by the buyer making the transaction and seller.
(6)
A color photograph or color image of the seller's presented identification.
("Acceptable identification" shall mean acceptable forms of identification
which include: a current valid New Jersey driver's license or photo
identification card, a current valid photo driver's license issued
by another United States state, a valid United States passport, or
other verifiable US government-issued identification with a photo.)
(7)
An onsite facial photograph taken within a five foot range of the
seller, during the time of the purchase.
(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.
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 within 48 hours. All photo and image
requirements must also be submitted and there will be no transactions
made without required photo/image documentation; there will be no
exception to these requirements. In the event that paper forms are
used, the dealer is responsible to enter all transaction information
into the database as soon as possible but no later than 24 hours 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
in replace faulty computer equipment, may result in the dealer being
cited for a violation of this chapter each business day and subsequently
be subject to penalties for doing so.
D.
Inspection/retention/seizure/detention of precious metals, secondhand
goods, and records. Property held pursuant to this section shall be
kept in the dealer's place of business and shall be kept separate
and distinct from all other property or merchandise in the dealer's
place of business. Length of time requirements, in this section and
beyond, regarding all inspection/retention/seizure detention of precious
metals, secondhand goods, and records, will not begin until a valid
record of the transaction is submitted to the police department. No
secondhand dealer shall make use of any property, private or public,
not included within the licensed premises for the storage, handling
or displaying of any secondhand article. All goods are to be kept
without concealment for 15 business days.
(1)
Every secondhand dealer, other than scrap yards, must keep on the premises, for a period of 15 business days, subject to inspection by any police officer, all secondhand goods, wares and merchandise purchased or received in trade or repossession, unless the Chief of Police or his designee gives written approval for such selling prior to the 15 days. 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 fifteen-day period has expired. Precious metals must be stored in the approved storage area. (See § 574-5C.)
(2)
It shall be the requisite duty of every dealer, and of every person
in the dealer's employ, in admit to the premises during business hours
any member of the Vineland Police Department to examine any database,
book, ledger, scales, inspection records, or any other record on the
premises relating to the purchase of precious metals and secondhand
goods 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 access is to be granted upon immediate request of the
law enforcement officers. During all hours of business, there will
be an employee on site who has access to all secondhand items whether
secured or unsecured.
(3)
Each Class A license dealer shall keep at his or her place of business
a record of each transaction involving used personal property, recorded
on a form approved by the Vineland Police Department, setting forth
the following:
(a)
An accurate and complete description of the goods, articles
or things received in trade or part payment for other merchandise.
(b)
The date of receipt and transaction number.
(c)
The name, sex, race, valid telephone number, and address of
the person from whom acquired.
(d)
The name and address of the person, corporation or firm which
ultimately purchases or receives the property from the dealer.
(e)
All records shall be maintained by the dealer at the dealer's
place of business for a period of not less than five years after the
date the property is sold or disposed of in any manner.
(4)
It shall be a violation for any licensed secondhand dealer or any
agent, clerk or employee of any such dealer to molest, hinder or in
any manner prevent any official lawfully authorized or any member
of the Police Department from making an inspection of the premises
and taking into possession any articles known or believed to have
been unlawfully taken from the rightful owner or possessor of said
article or articles.
E.
Prohibitions as to melted or altered goods; purchases for minors;
hours of operation.
(1)
No dealer in secondhand goods shall purchase any piece or mass of
melted precious metal, ingot of amateur manufacture or any article
with serial number or jeweler's marks intentionally obliterated unless
payment for the article is withheld for a period of 24 hours and the
Chief of Police is notified.
(2)
Purchases from minors. No dealer in secondhand goods shall purchase
or receive any article of secondhand personal property from a minor
unless the minor's parent or legal guardian is physically present
during the transaction and presents the identification required by
this chapter.
(3)
Melting, wrecking and remodeling. No secondhand dealer shall take
apart or melt down any jewelry, watch, watch case or article composed
or manufactured, in all or in part, of gold, silver or platinum until
he shall have made a record of this intention to do so, along with
all other data recorded on the prescribed form, and shall have reported
the same to the Chief of Police in the same manner as reports of purchase.
The articles proposed to be taken apart, melted down, wrecked or remodeled
must be kept for a period of 15 business days before such action is
taken, unless the articles have been inspected by the Chief of Police
or his designee and written permission has been given for such melting,
wrecking or remodeling prior to completion of the aforesaid period.[1]
[1]
Editor's Note: Former Subsection E(4), regarding permitted
hours for secondhand transactions, which immediately followed this
subsection, was repealed 7-8-2014 by Ord. No. 2014-27.
F.
Procedure for seizures.
(1)
Upon taking possession of an article or articles, the authorized
official or police officer shall furnish the dealer with a physical
or digital receipt, which shall include the date, name of the officer
taking the article, his rank and a description of the article or articles
taken.
[Amended 6-10-2014 by Ord. No. 2014-21]
(2)
Any article taken by an authorized official or police officer from
a dealer shall, as soon as possible, be delivered to the ID Section
of the Vineland Police Department, where it shall remain until such
time as ownership or the right to possession, or both, has been determined
according to law.
(3)
In lieu of taking possession of secondhand goods pursuant to this
chapter, a member of the Vineland Police Department may place a temporary
detainer on the property for a period not to exceed 60 days.
(4)
During the period of detention, the property shall remain in the
custody of the dealer and shall be prohibited from selling, disposing
of in any manner or changing the identity of the property. The police
also have the authority to detain an item(s) by taking possession
for a period not to exceed 60 days. A sixty-day detention is not relevant
to items believed to be stolen.
(5)
If the property is left in the custody of the dealer, he shall keep
the detained property separate and distinct from all other property
in the dealer's place of business where the transaction was made.
(6)
It is the responsibility of the dealer, for items taken by the police
for the purpose of detention only, to contact the Police Department
once the sixty-day detention date approaches.
G.
Class A Dealer payment.
(1)
Dealer payments to the sellers in cash/coin shall be limited to two
transactions during a seven-day period for the same seller. The seven-day
period will commence on the day of the first transaction and end seven
days after the transaction, i.e., if transaction number one occurs
on Monday, the seven-day period ends on Sunday. Furthermore, no cash
payments shall be made to the same sellers who make more than five
transactions in any given thirty-day period. Sellers making transactions
over the number of prescribed weekly and monthly periods will be paid
by the dealer by means of a bank check drawn from the dealer's business
account.
(2)
Exemptions far payment methods will be when the item is used as store
credit. This credit will be documented on a transaction receipt and
be stored in the same manner as all records referenced in this chapter;
also for scraps yards where the customer is a certified business in
the state of New Jersey.
A.
The Chief of Police or his/her designee may deny, suspend or revoke
any secondhand dealer's license pursuant to N.J.S.A. 40:52-2 for sufficient
cause, after notice and hearing sufficient cause to include but not
be limited to:
[Amended 6-10-2014 by Ord. No. 2014-21]
(1)
Violation of any provisions of the within chapter or other ordinances
of the City of Vineland by the dealer or an employee.
(2)
Advertising of any kind by a dealer to purchase secondhand goods
without being licensed pursuant to the within chapter.
(3)
Failure of any person to state fully on his or her application for
a license an official place of business within the City of Vineland
or any material false representation.
(4)
Dealer and/or employee who has been convicted of an offense or crime in connection with Chapter 15, Robbery; Chapter 17, Arson, Criminal Mischief and Other Property Destruction; Chapter 18, Burglary and Other Criminal Intrusion; Chapter 20, Theft and Related Offenses; and Chapter 21, Forgery and Fraudulent Practices, of Title 2C, the New Jersey Code of Criminal Justice or conviction of any crime or disorderly persons offense involving moral turpitude.
(5)
Utilization of the business for the disposal of stolen goods. A business
is to be held highly liable if they violated any provision of this
ordinance in the purchase of stolen goods, whether they knew the items
to be stolen or not at the time of purchase. A business that knowingly
purchases a stolen item, or an item they believe was stolen, is also
in violation of this section.
(6)
Conduction of the business in such way as to make it a menace to
the health and welfare of the residents of the City of Vineland.
B.
The secondhand dealer shall be liable and responsible for any of
the acts or omissions of the licensee's agents, clerks or employees.
