[HISTORY: Adopted by the Township Council of the Township
of Monroe 8-24-2015 by Ord. No.
O:27-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
237, Dealers in Precious Metals, Gems, and Secondhand Goods, adopted
6-5-2014 by Ord. No. O:11-2014.
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, secondhand goods 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 Township
of Monroe without having first obtained a license from the Township
of Monroe.
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 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, a current
valid photo driver's license issued by another U.S. state, a
valid United States passport, or other verifiable U.S. 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 Township of Monroe or his designee/representative.
A computerized internet-capable database with hardware and
software compliant to that set established by the Chief of Police
and/or his departmental designee.
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. With the
exception of the reporting requests set forth herein, the dealer shall
be required to keep all information obtained private and shall not
disseminate said personal information for anything other than law
enforcement purposes.
A person or entity that is appointed or designated by the
Chief of Police who is authorized to collect and maintain precious
metal, gems and secondhand goods transaction information, or other
purchase information as defined herein, for the Township of Monroe.
Is a restricted monetary equivalent or script 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 Monroe 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 or any thereof, in any capacity,
acting for self or no 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, gems, secondhand goods, 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 Township of Monroe within six months. Or
as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-l.l.
A.
Initial license application process.
(1)
Every dealer as defined herein intending on conducting business within
the jurisdiction of the Township of Monroe shall first make application
to the Chief of Police or his designee and shall set forth the name
and address of dealer, his or her age, whether or not he or she is
a citizen of the United States and whether or not he or she has been
convicted of a crime, the place of conviction and the date thereof.
(2)
Upon initial application to the Chief of Police or his designee,
each dealer shall be provided with an application prescribed by the
Monroe Township Police Department and shall provide the following
information on said application:
(a)
Name and address of dealer;
(b)
Address from which dealer shall conduct business;
(c)
Copy of valid zoning and/or construction permits from the Township
of Monroe;
(d)
Proof that dealer has obtained computer equipment and software
as required by this chapter, for purposes of reporting all transaction
data in electronic format to the Monroe Police Department;
(e)
Certified criminal history of applicant through a private vendor.
B.
Contingency. Upon completion of the investigation, the Chief of Police
shall either approve or deny the license based upon the results of
the Monroe Township Police investigation. The license of approval
shall be issued by the Township Clerk's office. No license shall
be issued without the approval of the Chief of Police or his or her
designee.
C.
There shall not be a license or application fee for the vendors who
are licensed as of the date of the enactment of this amended chapter.
The Township of Monroe shall be responsible for the initial costs
associated with the computerized database and software. Any costs
associated with a change in the database and/or upgrades shall be
the sole responsibility of all license holder.
A.
Licenses issued under the provisions of this section 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 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 mortal
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 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.
Every dealer within the Township of Monroe 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, 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 authorize police officer of the Township of Monroe.
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 72 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 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 Township of Monroe for a period of 10 days
from the date the information required above is received by the Chief
of Police on the approved form. The precious metals, gems and secondhand
goods shall remain in the same condition as when purchased and shall
not be changed, modified, melted or disposed of by the purchase until
the ten-day period has expired. During this ten-day period, the precious
metals, gems and secondhand goods are not required to be displayed
for public display; however, the items shall remain at the purchaser's
place of business during this time. If the property is such that it
would create a hardship on the dealer by holding the precious metals,
gems and secondhand goods 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
may 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 of a database failure, or dealer's computer equipment
malfunctions, 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 chapter and subsequently being subject to the penalties
for doing so.
E.
Dealer payment to sellers shall be by bank check drawn from dealer's
business account for purchases of $200 or more. The dealer is limited
to one purchase under $200 for the same individual or entity within
a seven-day period. If in the event a dealer has more than one purchase
from the same individual or entity within the seven-day period, the
seller of the items shall be paid by check as set forth herein.
F.
It shall be the requisite duty of every dealer, and of every person
in the dealer's employ, upon reasonable notice to the dealer
as defined in N.J.S.A. 51:6A-l (h) to admit to the premises during
business hours any member of the Monroe Township 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. At the conclusion
of any criminal investigation and upon proper notice, the Monroe Township
Police Department shall return said items if they are not to be utilized
as evidence in any criminal proceeding.
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 Monroe Township Police Department.
No dealer within the Township of Monroe shall purchase any precious
metals from any person under the age of 18 years.
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
or by imprisonment for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. 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 not be less
than the minimum or exceed the maximum fine provided herein, and same
shall be calculated separately from the fine imposed for the violation
of this chapter. A dealer who is found guilty of the provisions of
this chapter for more than three violations may be subject to the
inability to apply for a license for a period of five years.
