The purpose and intent of this chapter is to assist law enforcement
officials and victims of crime in recovering stolen precious metals,
gems, gemstones and/or other articles by requiring reasonable reporting,
maintenance and distribution criteria for secondhand and transient
dealers.
For 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 issued by
the New Jersey Motor Vehicle Commission, a current valid photo driver's
license issued by another U.S. 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 or record evidence of the
person's current address.
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, as also defined in N.J.S.A. 51:6-1.
DATABASE
A computerized Internet-capable database with hardware and
software compliant with standards 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, receives for pawn or otherwise exchanges or trades any property as described in §
302-11 herein, and includes anyone advertising the purchase, sale or receipt for pawn of any of the aforementioned items.
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 Township
or at varying locations.
PAWN
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.
PERSON
Any individual natural person, partnership, joint venture,
business, society, associate, club, trustee, trust, corporation, or
unincorporated group, or any officer, agent, employee, servant, assign
or any form of personal representative of any thereof, in any capacity,
acting for himself or on behalf of another.
PRECIOUS METALS
Metals composed of or containing 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., or N.J.S.A. 51:6A-1 et seq., gems, gemstones,
coins, and all forms of jewelry.
PUBLIC
Individuals and other retail sellers, not to include businesses
engaged primarily in wholesale transactions.
PURCHASE
The exchange of money or other consideration for the pledge, sale, conveyance, or trade of any property described in §
302-11 herein.
REPORTABLE TRANSACTION
Every transaction conducted by a dealer in which property described in §
302-11 herein is purchased, pawned 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 or audio/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, DVRs, GPS devices, camcorders, car stereos, gift cards, furniture, clothing, other valuable articles, or as listed in §
302-11 herein.
TRANSIENT BUYER
A dealer who has not been in any retail business continuously
for at least six months at that address in the Township where the
dealer is required to register. The term "transient buyer" shall also
include a dealer who intends to close out or discontinue all retail
business in the Township within six months, or as 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 or sanctioned by the Township shall not be considered
transient buyers.
No person shall use, exercise or carry on the business, trade or occupation of buying, receiving, receiving for pawn or selling of any property described in §
302-11 herein, or operate as a dealer of said property within the Township of Parsippany-Troy Hills, without having first obtained a license from the Township Clerk as hereinafter provided.
Every dealer conducting business or intending to conduct business
within the jurisdiction of the Township of Parsippany-Troy Hills shall
first file an application with the Township Clerk and be fingerprinted
by the Police Department, which shall initiate an investigation of
the applicant's moral character and business responsibility.
In the event that the dealer is a business entity other than a sole
proprietorship, the officers of the corporation or the partners of
the partnership or limited partnership shall be listed on the application
and shall be fingerprinted and investigated. Upon completion of the
investigation, the Chief of Police or his designee shall advise the
Township Clerk to either issue or deny the license based upon the
results of the investigation. Upon issuance of a license pursuant
to this chapter, the licensee shall be provided with a copy of this
chapter.
Every dealer within the Township shall, upon the purchase, receiving for pawn, or receiving for consignment, of any property described in §
302-11 herein from the public, shall be required to:
A. 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. and N.J.S.A. 51:6-1 et seq., and any property containing a serial
number.
B. Document, through use of an electronic database software system as designated by the Chief of Police, the information listed in Subsection
C herein. These records shall be subject to the inspection of any sworn police officer acting in the performance of his or her duties.
C. Through the use of 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,
including the following information:
(1) The name, address, date of birth, telephone number, and governmental
identification number of the seller;
(2) 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 or
gift cards;
(3) The price paid for the property;
(4) The name of the clerk or the dealer who made the transaction, so
as to readily identify that individual;
(5) A color photograph or color image of the seller's presented
governmental photo identification;
(6) A color photograph or color image of all property sold. When photographing
or imaging, all property must be positioned in a manner that makes
it readily and easily identifiable.
D. None of the above-described property shall be sold or disposed of,
and shall be made available for inspection by any sworn police officer
in the performance of his or her duties for a period of three business
days from the date the information required above is received by the
Chief of Police 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
three-day period has expired. If the nature of 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 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 requirements
under this section.
E. In the event of a database failure or if the 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 required transaction information described in Subsection
C herein into the database as soon as practicable upon the dealer's computer 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.
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 Township Police Department or any other sworn
police officer acting in the performance of his or her duties to examine
any database, book, ledger, or any other record on the premises relating
to the purchase of property from the public. Township police officers
are hereby empowered to take possession of any property known by a
police officer or official to be missing or to have been stolen, or
where the officer or official has probable cause to believe that the
article is missing or stolen. A receipt will be provided to the dealer
for any property seized by the Township Police Department.
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 herein. 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 Township Police
Department or any sworn police officer in the performance of his or
her duties.
No dealer within the Township shall purchase any property as defined in §
302-11 herein 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
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. Notwithstanding
the revocation of license provisions set forth in this chapter, each
violation shall result in a ten-day suspension of the dealer's
license under this chapter.
The following is a nonexhaustive list of property covered under
this chapter:
Scrap gold
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Old gold
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Silver
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Jewelry
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Home electronics
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Audio/visual equipment
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Musical instruments
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Cellular telephones and accessories
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Scales
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Computers, including:
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Desktops
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Laptops
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Tablets
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Computer hardware
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Computer software
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Tools of all kinds
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Sports memorabilia
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Typewriters
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Paintings
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Televisions
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DVRs
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MP3 players and accessories
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iPods®
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iPads®
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GPS devices
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CD/DVD players or recorders and accessories
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Blu-ray players or recorders and accessories
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Gaming systems and software
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Word processors
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Scanners
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Sporting goods of all kinds
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Antiques
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Platinum
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All other precious metals
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Antique weapons of all kinds
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Camcorders
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Cameras
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Car stereos
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Gift cards
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Furniture
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Clothing
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Any and all other articles of value
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