As used in this chapter, the following terms shall have the
meanings herein:
ADVERTISE and/or ADVERTISEMENT
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.
APPLY and/or APPLIED
A.
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:
(2)
Anything attached to the article; or
(3)
Anything to which the article is attached; or
(4)
Anything in or on which the article is; or
(5)
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
B.
As so defined in N.J.S.A. 51:6-1.
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.
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
of Greenwich.
MERCHANT
One who purchases from the public and sells or otherwise
exchanges, conveys, alters or trades an article.
PERSON
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.
PLEDGE
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.
PLEDGOR
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.
PRECIOUS METALS, GEMS, GEMSTONES
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.
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.
RAPID
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]
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 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.
TRANSIENT BUYER
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.
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.