[HISTORY: Adopted by the Township Council of the Township
of Greenwich 10-5-2009 by Ord. No. 24-2009; amended in its entirety 12-21-2015 by Ord. No. 15-2015. Subsequent amendments noted where applicable.]
A.
The purpose and intent of this chapter is to assist the Greenwich
Township Police Department as well as investigators from the Gloucester
County Prosecutor's Office in recovering stolen precious metals,
gems, gemstones 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 Greenwich without first obtaining a license from the Township of
Greenwich.
As used in this chapter, the following terms shall have the
meanings herein:
Any attempt directly or indirectly by publication, dissemination,
solicitation, endorsement or circulation or in any other way to induce
directly or indirectly any person to enter or not enter into any obligation
or acquire any title or interest in any article.
Any method or means of application or attachment to, or of use
on, or in connection with, or in relation to, an article whether such
application, attachment, or use is to, on, by, in or with:
The article itself; or
Anything attached to the article; or
Anything to which the article is attached; or
Anything in or on which the article is; or
Anything so used or placed as to lead to a reasonable belief
that the mark on that thing is meant to be taken as a mark on the
article itself; or
As so defined in N.J.S.A. 51:6-1.
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.
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 Township
of Greenwich.
One who purchases from the public and sells or otherwise
exchanges, conveys, alters or trades an article.
Any individual natural persons, partnerships, joint ventures,
businesses, societies, associates, clubs, trustees, trusts, corporations,
or unincorporated groups or any officers, agents, employees, servants,
factors or any form of personal representatives of any thereof, in
any capacity, acting for self or on behalf of another.
An article or articles deposited with a secondhand merchant
in the course of his/her business or as so defined in N.J.S.A. 45:22-1.
A person who delivers the pledge into the possession of a
secondhand merchant, unless such person discloses that he/she is or
was acting for another, and in such an event "pledgor" shall mean
the disclosed principal, or as so defined in N.J.S.A. 45:22-1.
Articles 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.
Regional Automated Property Information Database (RAPID)
system developed by Business Watch International (BWI) which enables
the electronic transmission, between secondhand dealers and police
departments, of information regarding the purchase or pawn from the
public of secondhand goods.
[Added 11-20-2017 by Ord.
No. 13-2017]
Every transaction conducted by a dealer in which precious
metals, 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 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.
As defined in N.J.S.A. 45:22-38.
A merchant who has not been in any retail business continuously
for at least six months at that address in the municipality where
the merchant is required to register or who intends to close out or
discontinue all retail business in the Township of Greenwich within
six months, or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
A.
Precious metals, gems and gemstones.
(1)
Permit required.
(a)
Prior to buying, attempting to buy or offering to buy any precious metals, gems or gemstones, no person, as defined in § 517-2, shall engage in such business without first obtaining a permit from the Township of Greenwich.
(b)
The Township shall, on application reviewed and signed by the
Chief of Police, issue an appropriate permit. Each applicant is required
to:
[1]
Provide full name.
[2]
Provide current address.
[3]
Provide current telephone number.
[4]
Provide date of birth.
[5]
Provide two forms of identification, one of which shall contain
a photograph.
[6]
Provide three sets of fingerprints taken by the Greenwich Township
Police Department.
[7]
Pay an annual registration fee of $250 directly to Business
Watch International (BWI) for access to the RAPID system.
[Amended 3-20-2017 by Ord. No. 2-2017; 11-20-2017 by Ord. No. 13-2017]
[8]
Provide original of bond as required by N.J.S.A. 45:22-7 and
N.J.A.C. 13:47C-6 or as otherwise required by law.
(c)
All permits included in this section shall expire on December
31 of the year in which they were issued.
(d)
All permit renewals shall be required to undergo the same process as the initial permit application. Any secondhand dealer that fails to renew their permit will be notified and given 14 days to make payment or lose access to the RAPID system. If the secondhand dealer continues to operate without renewing their permit and/or registering for the RAPID system, the secondhand dealer will be subject to penalties under § 517-4.
[Amended 11-20-2017 by Ord. No. 13-2017]
(e)
All permits shall be displayed in a location at the place of
business which is easily visible to the public.
(f)
Exceptions. Where a transient buyer intends to conduct business
in the Township of Greenwich for five days or less per calendar year,
the annual permitting fee shall be reduced to $50.
(2)
Registration.
(a)
A merchant of precious metals, gems or gemstones shall, prior
to buying, attempting to buy or offering to buy, register with Greenwich
Township, providing the following information on a form prescribed
by the Police Department:
(3)
Bond. Shall be obtained in accordance with N.J.A.C. 13:47C-6 or as
otherwise required by law.
(4)
Recordkeeping. Every merchant within the Township of Greenwich shall,
upon the purchase of any precious metal, gem or gemstone from the
public, be required 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, silver,
sterling coin, gem or gemstones, and/or as in accordance with 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. All merchants regulated under this chapter shall weigh the article
in plain view of the seller and on a scale certified and calibrated
by the New Jersey Department of Weights and Measures.
(b)
Electronic database; paper forms.
[1]
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 all information outlined in § 517-3A(4)(a), in addition to the following:
[a]
A physical description of the seller.
[b]
The receipt number.
[c]
A full description of the articles purchased, including
but not limited to marks, numbers, dates, sizes, shapes, initials
and monograms.
[d]
The price paid for the article.
[e]
The form shall be signed by the seller and initialed
by the merchant who made the transaction.
[f]
The form must be legibly initialed by the clerk
or the dealer who made the transaction, so as to readily identify
that individual.
[g]
A color photograph or color image of the seller's
presented identification.
[h]
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.
[i]
Items should not be grouped together when photographing
or imaging; each item will have its own color photograph or color
image.
[2]
In the event of 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. 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.
(c)
Inspection; property to be held; waiver.
[1]
The precious metals, gems and gemstones are to be made available
for inspection to the Chief of Police of the Township of Greenwich,
or his/her duly designated representative, for a period of five days
from the date the information required above is received by the Chief
of Police.
[2]
The precious metals, gems and/or gemstones shall remain in the
same condition as when purchased and shall not be changed, modified,
melted, altered or disposed of by the merchant until the five-day
period has expired. During this five-day period, the precious metals,
gems and/or gemstones shall be in public view at the merchant's
place of business.
[3]
If the property is such that it would create a hardship on the
merchant by holding the precious metal, gem and/or gemstone for such
period, the merchant may present the property to the Chief of Police,
or his/her duly designated representative, so that it may be photographed
and, if deemed necessary by the Chief of Police, or his/her duly designated
representative, an investigation shall be initiated into the purchase.
[4]
The Chief of Police, or his/her duly designated representative,
has the authority to grant the merchant a waiver of the requirement
under this section. The waiver shall be on official Department of
Police stationery and executed by the Chief of Police, or his/her
duly designated representative. The original of said waiver shall
be retained by the Department of Police, and a copy shall be retained
by the merchant.
[5]
All records shall be kept and maintained for a period of not
less than two years from the date of transaction. All records shall
further be available for inspection by the Chief of Police or his
duly designated representative during this period.
(d)
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 members of the Greenwich 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.
(5)
Advertisements.
(a)
Advertising, as defined in § 517-2, that precious metals, gems and/or gemstones are being purchased in any location within the Township of Greenwich shall constitute "engaging in such business" for the purposes of this section.
(b)
No person shall place or cause to be placed any advertisement
for purchase of precious metals, gems and/or gemstones without stating
in the advertisement the permit number under which the merchant operates.
[1]
In any print media advertisement, the permit number shall appear
in type no smaller than eight point. The permit number shall appear
in the lower right-hand corner of the advertisement.
[2]
In any electronic media advertisement, the permit number shall
be visually and/or audibly stated.
[3]
Failure to include the permit number in any advertisement shall
constitute a violation.
B.
Secondhand goods.
(1)
Permit required.
(a)
Prior to buying, attempting to buy or offering to buy any secondhand article, no person, as defined in § 517-2, shall engage in such business without first obtaining a permit from the Township of Greenwich.
(b)
The Township shall, on application reviewed and signed by the
Chief of Police, issue an appropriate permit. Each applicant is required
to:
[1]
Provide full name.
[2]
Provide current address.
[3]
Provide current telephone number.
[4]
Provide date of birth.
[5]
Provide two forms of identification, one of which shall contain
a photograph.
[6]
Provide three sets of fingerprints taken by the Greenwich Township
Police Department.
[Amended 3-20-2017 by Ord. No. 2-2017]
[7]
Pay an annual registration fee of $250 directly to Business
Watch International for access to the RAPID system.
[Amended 3-20-2017 by Ord. No. 2-2017; 11-20-2017 by Ord. No. 13-2017]
(c)
All permits included in this section shall expire on December
31 of the year in which they were issued.
(d)
All permit renewals shall be required to undergo the same process as the initial permit application. Any secondhand dealer that fails to renew their permit will be notified and given 14 days to make payment or lose access to the RAPID system. If the secondhand dealer continues to operate without renewing their permit and/or registering for the RAPID system, the secondhand dealer will be subject to penalties under § 517-4.
[Amended 11-20-2017 by Ord. No. 13-2017]
(e)
All permits and licenses shall be displayed in a location at
the place of business which is easily visible to the public.
(f)
Exceptions. Where a transient buyer intends to conduct business
in the Township of Greenwich for five days or less per calendar year,
the annual permitting fee shall be reduced to $50.
(2)
Registration.
(a)
A merchant of secondhand goods shall, prior to buying, attempting
to buy or offering to buy, register with Greenwich Township, providing
the following information on a form prescribed by the Police Department:
(3)
Recordkeeping. In the case of business done on Saturday, such report
shall be delivered before 11:00 on the succeeding Monday.
(a)
The secondhand article is to be made available for inspection
by the Chief of Police of the Township of Greenwich, or his/her duly
designated representative, for a period of five days from the date
the information required above is received by the Chief of Police.
(b)
The secondhand article shall remain in the same condition as
when purchased and shall not be changed, modified, melted, altered
or disposed of by the merchant until the five-day period has expired.
During this five-day period, the secondhand article shall be in public
view at the merchant's place of business.
(c)
If the property is such that it would create a hardship on the
merchant by holding the precious metal, gem and/or gemstone for such
period, the merchant may present the property to the Chief of Police,
or his/her duly designated representative, so that it may be photographed
and, if deemed necessary by the Chief of Police, or his/her duly designated
representative, an investigation shall be initiated into the purchase.
(d)
The Chief of Police, or his/her duly designated representative,
has the authority to grant the merchant a waiver of the requirement
under this section. The waiver shall be on official Department of
Police stationery and executed by the Chief of Police, or his/her
duly designated representative. The original of said waiver shall
be retained by the Department of Police, and a copy shall be retained
by the merchant.
(e)
All records shall be kept and maintained for a period of not
less than two years from the date of transaction. All records shall
further be available for inspection by the Chief of Police or his
duly designated representative during this period.
C.
Secondhand watches. In addition to those requirements as found in
this chapter, the sale of secondhand watches shall be in accordance
with N.J.S.A. 45:22-35 through 45:22-40.
D.
Nonapplicability. This chapter shall not apply to purchases made
by jewelers or other merchants from wholesalers or other suppliers
but shall only apply to those purchases made from the public or other
retail purchases. The merchant shall keep records of all wholesale
purchases from a period of six months from the date of such purchase,
which records shall be opened to investigation by the Township of
Greenwich Police Department upon request.
E.
Purchases from minors. No merchant within the Township of Greenwich
shall purchase any article 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 fine 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. 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.
