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 U.S. state, a
valid United States passport, or other verifiable U.S. 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 Paulsboro 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 that 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 Paulsboro.
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 Paulsboro or at varying locations.
LICENSE
Authorization as provided by the State of New Jersey.
PAWNBROKER
Any person, partnership, association, sole proprietorship,
limited liability corporation or corporation lending money on deposit
or a pledge of personal property who primarily engages in or operates
the business of buying, acquiring and/or selling any used goods or
articles as mentioned within.
PERMIT
Authorization as provided by the Borough of Paulsboro upon
completion of this chapter's requirements.
PERSON
Any individual natural person, partnership, joint venture,
business, society, associate, club, trustee, trust, sole proprietorship,
limited liability corporation, 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.
PLEDGE
An article or articles deposited with a pawnbroker or secondhand
merchant in the course of his/her business or as defined by N.J.S.A.
45:22-1 et seq.
PLEDGOR
A person who delivers the pledge into the possession of a
pawnbroker or secondhand merchant, unless such person discloses that
he/she is or was acting for another, and in such event "pledgor" shall
mean the disclosed principal, or as so defined in N.J.S.A. 45:22-1
et seq.
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.
SCRAP METAL DEALER
A person, association, corporation or partnership, or other
entity, who primarily engages in or operates the business of buying,
acquiring and/or selling scrap metal.
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, telephones and telephonic equipment, scales, computers,
computer hardware and software, coins, mechanics equipment and tools,
construction equipment and tools, electronic tablets, cameras, 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,
or any item that contains a serial number/identification number or
other distinctive marker.
TRANSIENT BUYER
A dealer who has not been in any retail business continuously
for at least six months at any 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 Paulsboro within six months,
or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
WATCH
A watch shall be deemed to be secondhand if it comports to
the definition under N.J.S.A. 45:22-38.
Every dealer within the Borough of Paulsboro shall, upon the
purchase of any secondhand goods from the public or another retailer,
be required as follows:
A. Numbered receipt.
(1) Record on a numbered receipt:
(a)
The name, address and telephone number of the dealer.
(b)
The name, address and telephone number of the seller or sellers.
(c)
The time and date of the transaction.
(d)
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.; or weight in pounds for
scrap metal.
(e)
The serial number/identification number or other distinctive
markers.
(f)
The signature and printed name of the seller(s).
(2) The form must be legibly initialed by the clerk or the dealer who
made the transaction so as to readily identify that individual.
(3) These records shall be subject to the inspection of any authorized
police officer of the Borough of Paulsboro for one year following
the purchase.
B. Electronic database. The dealer shall enter all transactions into an electronic database within 48 hours from the date of purchase. The information entered shall contain the information in Subsection
A above, in addition to the following:
(1) The information in Subsection
A above shall be documented through use of an electronic database software system to be annually obtained by the Borough under the Local Public Contracts Law and paid for by the application fee of those entities conducting such business as described herein.
(2) A physical description of the seller or sellers.
(4) A full description of the item or items purchased, including but
not limited to marks, numbers, dates, sizes, shapes, weight, initials,
monograms, serial number/identification number or other distinctive
markers.
(5) The price paid for the item.
(6) In the event of a database failure, or the dealer's computer
equipment malfunctions, all transaction information is required to
be submitted on paper forms approved by the Chief of Police.
(a)
In the event that paper forms need to be 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 becoming accessible.
(7) 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.
C. Disclosure report.
(1) Each day except Sunday, before 11:00 in the forenoon, deliver to the Chief of Police of the Borough of Paulsboro, or his/her duly designated representative, a legible and correct transcript, on blank forms to be furnished by the Police Department, showing the information contained in §
45B-5A and
B above.
(2) In the case of business done on Saturday, such report shall be delivered
before 11:00 on the succeeding Monday.
D. Security camera.
(1) Every dealer in secondhand goods shall have in operation at least
one interior video camera, which camera and location shall be approved
by the Paulsboro Borough Police.
(2) Security camera records shall be kept for 72 hours and shall be made
available to the Paulsboro Police Department upon request.
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 Paulsboro Borough Police Department.
No dealer within the Borough of Paulsboro shall purchase any
precious metals from any person under the age of 18 years.