[Amended 9-20-2016 by Ord. No. 39-2016]
A.
The purpose and intent of this article 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.
B.
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 Appendix I of this chapter or operate as
a dealer of said property within the City of Millville, without having
first obtained a license from the City of Millville Clerk's office
as hereinafter provided.[1]
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
For the purposes of this article, 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 forms of identification include a current valid
New Jersey driver's license or identification card issued by
the N.J. 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/record evidence
of the person's current address.
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 City of Millville or his designee/representative.
A computerized Internet-capable database with hardware and
software compliant with standards set by the Chief of Police.
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 Appendix I of this chapter and
includes anyone advertising the purchase, sale or receipt for pawn
of any of the aforementioned items.[1]
A restricted monetary equivalent or scrip that is issued
by retailers or banks to be used as an alternative to a nonmonetary
gift.
Any business conducted intermittently within the City of
Millville or at varying locations.
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.
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.
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 other retail sellers, not to include businesses
engaged primarily in wholesale transactions.
The exchange of money or other consideration for the pledge,
sale, conveyance or trade of any property described in Appendix I
of this chapter.[2]
Every transaction conducted by a dealer in which property
described in Appendix I of this chapter is purchased, pawned or exchanged
from or with the public, as that term is defined in this section.
Any article previously sold, acquired, exchanged, conveyed,
traded or otherwise formerly owned, but limited to scrap gold, old
gold, silver, jewelry, platinum, all other precious metals and other
items listed in Appendix I.
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. The term "transient buyer" will
also include a dealer who intends to close out or discontinue all
retail business in the City of Millville within six months, or as
so 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/sanctioned by the City
of Millville shall not be considered a transient buyer.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
[2]
Editor's Note: Appendix I is included as an attachment to this chapter.
Every dealer conducting business or intending to conduct business
within the jurisdiction of the City of Millville shall first register
with the Clerk's office. He or she shall provide fingerprints
in a manner determined by the Police Chief, who shall institute such
an investigation of the applicant's moral character and business
responsibility as he deems necessary for the protection of the public
welfare. In the event that the dealer is a business entity other than
a sole proprietorship, the officers in a corporation or the partners
in a partnership (or limited partnership) shall be deemed to be the
applicant(s) who shall be fingerprinted and investigated in accordance
with this article. Upon completion of the investigation, the Clerk
of the City of Millville shall either issue or deny the license based
upon the results of his investigation. Upon issuance of the license,
the applicant shall be given a copy of this article.
A.
Prior to final issuance of a license, a fee of $400 shall be paid
to the Clerk of the City of Millville.
B.
A license issued under the provisions of this article shall not be transferable and shall terminate on December 31 of the year in which said license is issued, unless it is renewed pursuant to the provisions of Subsection C below.
C.
On or about November 1 of each year, the Clerk's Office shall make available a renewal application for each licensed dealer under this article. Upon submission of the renewal application and required annual fee of $400, the license will be renewed unless the dealer has violated provisions of § 33-43. In such case, the Clerk of the City of Millville will notify the dealer, who may request a hearing as described in § 33-43.
A.
Licenses issued under the provisions of this article may be revoked
by the Board of Commissioners of the City of Millville 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 the business as a dealer in property as described in Appendix
I of this chapter;[1]
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
(3)
Any violation of this article;
(4)
Conviction of any crime;
(5)
Conviction of any disorderly persons offense involving moral turpitude;
(7)
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 a 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 10 business
days prior to the date set for the hearing. The hearing shall be conducted
by the Board of Commissioners.
Every dealer within the City of Millville shall, upon the purchase,
receiving for pawn, or receiving for consignment, of any property
described in Appendix I of this chapter[1] from the public, as this term is defined in § 33-40, 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.
C.
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,
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 numbers of gift cards.
(3)
The price paid for the property.
(4)
The entry must include 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 scanned into the transaction record.
(6)
A color photograph or color image of all property sold scanned into
the transaction record. When photographing or imaging, all property
must be positioned in a manner that makes it readily and easily identifiable.
D.
All of the above-described property cannot 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 15 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 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 requirement under
this section.
E.
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 required transaction information described in Subsection C(1) through (6) above 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 article and may result in the revocation of the dealer's license under § 33-43 of this article.
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 Millville 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 as defined in § 33-40. City of Millville police officers are 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 the article is missing or stolen. A receipt will be provided to the dealer for any property seized by the Millville Police Department.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
This article 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 in § 33-9.[1] 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 Millville Police Department
or any sworn police officer in the performance of his or her duties.
[1]
Editor's Note: So in original.
No dealers within the City of Millville shall purchase any property
as defined in Appendix I from any person under the age of 18 years.[1]
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
Violation of any provision of this article 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. Each violation
shall result in a ten-day suspension of the dealer's license
under this article.
