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 IDENTIFICATION
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 US state; a valid
United States passport; or other verifiable United States government-issued
identification.
ARTICLE
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.
CHIEF OF POLICE
The Chief of Police of the Borough of Berlin or his designee/representative.
DATABASE
A computerized Internet-capable database with hardware and
software compliant to that set by the Chief of Police.
DEALER
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.
DESIGNATED VENDOR
A person or entity who 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 Berlin.
GIFT CARD
A restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
ITINERANT BUSINESS
Any business conducted intermittently within the Borough
of Berlin or at varying locations.
PERSON
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.
PRECIOUS METALS
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.
PUBLIC
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
PURCHASE
The exchange of money and the exchange, deposit, pledge,
sale, conveyance or trade of any tangible or intangible article.
REPORTABLE TRANSACTION
Every transaction conducted by a dealer in which precious
metals, or other tangible property, are purchased or exchanged from
or with the public.
SECONDHAND GOODS
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 devices, camcorders, car stereos, gift cards, furniture, clothing
or other valuable articles.
TRANSIENT BUYER
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 or who intends to close out or
discontinue all retail business in the Borough of Berlin within six
months; or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
Upon issuance of a license, the fee shall be based as provided
in this chapter. 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.
Every dealer within the Borough of Berlin 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. All costs associated with the designated electronic
database software system will be incurred by the dealer. Documentation
showing all fees associated with the designated electronic database
software must be produced prior to the approval of the mercantile
license. These records shall be subject to the inspection of any authorized
police officer of the Borough of Berlin.
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.
(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.
C. The precious metals are to be made available for inspection by the
Chief of Police of the Borough of Berlin for a period of 10 business
days from the date the information required above is received by the
Chief of Police on the approved form and entered into the computerized
database by the Chief of Police. 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 ten-day
period has expired. During this ten-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.
[Amended 2-22-2017 by Ord. No. 2017-02]
D. In the event of database failure, or a 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 this chapter and subsequently being subject to the penalties for
doing so.
E. Dealer payment to sellers in cash 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 No. 1 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 proscribed weekly and monthly periods will be paid by the
dealer by means of a bank check drawn from the dealer's business
account.
F. 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 Berlin Borough 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 Berlin Borough Police Department.
No dealer within the Borough of Berlin 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.