[HISTORY: Adopted by the Mayor and Council of the Borough
of Paulsboro 4-4-2017 by Ord. No.
07.17. Amendments noted where applicable.]
GENERAL REFERENCES
Peddlers, hawkers and solicitors — See Ch. 47.
A.
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 minimum reporting,
maintenance, purchase, resale 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, mechanics equipment and tools, construction
equipment and tools, musical instruments, telephones and telephonic
equipment, scales, computers, computer hardware and software, certain
scrap metals, tools, typewriters, word processors, scanners, sporting
goods of all kinds, antiques, platinum, all other precious metals,
tools of all kinds, televisions, DVRs, GPS devices, camcorders, car
stereos, gift cards, furniture, clothing, valuable articles containing
a serial number/identification number or other distinctive marker,
or other valuable articles, hereinafter referred to as "secondhand
goods or articles," by being a secondhand dealer within the Borough
of Paulsboro without having first obtained a permit from the Borough
of Paulsboro.
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 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.
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 Borough of Paulsboro or his designee/representative.
A computerized Internet-capable database with hardware and
software compliant to that 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 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.
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.
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 Borough
of Paulsboro or at varying locations.
Authorization as provided by the State of New Jersey.
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.
Authorization as provided by the Borough of Paulsboro upon
completion of this chapter's requirements.
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.
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.
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.
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.
Every transaction conducted by a dealer in which precious
metals, or other tangible property, are purchased or exchanged from
or with the public.
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.
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.
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.
A watch shall be deemed to be secondhand if it comports to
the definition under N.J.S.A. 45:22-38.
A.
No person operating or conducting a secondhand shop, junk shop, junkyard
or metal-processing facility shall receive in the line of his business
any article or thing, by way of pledge or pawn, nor shall he loan
or advance any sum of money on the security of any such article or
thing.
B.
No keeper of a secondhand shop, junk shop, junkyard or metal processing
facility shall, during the continuance of his permit as such, receive
or hold a permit to carry on the business of a pawnbroker.
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 herein, shall engage
in such business without first obtaining a permit from the Borough
of Paulsboro. Upon request for an application for permit the dealer
shall be given a copy of this chapter.
(b)
The Clerk's office, on application reviewed and signed
by the Chief of Police, shall issue an appropriate permit. Each dealer
is required to:
[1]
Provide full names of all business owners.
[2]
Provide the current address of all business owners.
[3]
Provide the full name of the on-site business manager.
[4]
Provide the address from which the business shall be operated.
[5]
Provide the current telephone numbers for all business owners
and the on-site manager.
[6]
Provide dates of birth for all business owners and the on-site
business manager.
[7]
Provide two forms of identification, one of which shall contain
a photograph for all business owners and the on-site business owner.
[8]
Provide three sets of fingerprints taken by the Paulsboro Borough
Police Department or its designee of each business owner and the on-site
manager.
[9]
Pay to the Borough of Paulsboro an annual fee to be determined
annually by resolution.
[10]
Provide original of Bond as may be required by law.
(c)
Upon application, the Paulsboro Borough Police Department shall
institute an investigation of the dealer's moral character and
business responsibility for the protection of the public welfare.
(d)
Upon completion of the investigation, the Chief of Police shall
either accept or deny the dealer based upon the results of his investigation.
(e)
All permits included in this section shall expire on December
31 of the year in which they were issued and shall not be transferrable.
(f)
All permit renewals shall be required to undergo the same process
as the initial permit application.
B.
Secondhand goods.
(1)
Permit required.
(a)
Prior to buying, attempting to buy or offering to buy any secondhand
goods, as defined herein, no person shall engage in such business
without first obtaining a permit from the Borough of Paulsboro and
shall also comply with N.J.S.A. 45-22-34 et seq. Upon request for
an application for permit, the dealer shall be given a copy of this
chapter.
(b)
The Borough Clerk of the Borough shall, on application reviewed
and signed by the Chief of Police, issue an appropriate permit. Each
dealer is required to:
[1]
Provide full names of all business owners.
[2]
Provide the current address of all business owners.
[3]
Provide the full name of the on-site business manager.
[4]
Provide the address from which the business shall be operated.
[5]
Provide the current telephone numbers for all business owners
and the on-site manager.
[6]
Provide dates of birth for all business owners and the on-site
business manager.
[7]
Provide two forms of identification, one of which shall contain
a photograph for all business owners and the on-site business owner.
[8]
Provide three sets of fingerprints taken by the Paulsboro Borough
Police Department or its designee of each business owner and the on-site
manager.
[9]
Pay to the Borough of Paulsboro an annual fee to be determined
annually by resolution.
[10]
Provide original of bond as may be required by law.
(c)
Upon application, the Paulsboro Borough Police Department shall
institute an investigation of the dealer's moral character and
business responsibility for the protection of the public welfare.
(d)
Upon completion of the investigation, the Chief of Police shall
either accept or deny the dealer based upon the results of his investigation.
(e)
All permits included in this section shall expire on December
31 of the year in which they were issued and shall not be transferrable.
(f)
All permit renewals shall be required to undergo the same process
as the initial permit application.
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.
(3)
The receipt number.
(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.
A.
Color photographs or color images.
(1)
A color photograph or color image of the seller's presented
identification shall be obtained by the dealer.
(2)
A color photograph or color image of all items purchased by the dealer
shall be obtained. When photographing or imaging, all items must be
positioned in a manner that makes them readily and easily identifiable.
B.
Inspections.
(1)
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 Paulsboro Police Department to examine any
database, book, ledger, or any other record contained on the premises
relating to the purchase or sale of secondhand goods.
(2)
The secondhand goods shall be made available for inspection by the
Chief of Police of the Borough of Paulsboro or his/her duly designated
representative for a period of five days from the date the information
required herein is received by the Chief of Police on the approved
form.
(3)
The dealer shall allow the police officer to take possession of any
article known by the Paulsboro Police Department to be missing or
to have been stolen or where the police officer has probable cause
to believe the article is missing or stolen.
(4)
The secondhand goods shall remain in the same condition as when purchased
and shall not be changed, modified, melted, altered or disposed of
by the dealer until the five-day period has expired. During this five-day
period, the secondhand item shall be placed in public view at the
dealer's place of business.
(5)
If the property is such that it would create a hardship on the dealer
by holding the secondhand goods 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, which waiver
shall be in writing.
C.
Limitations on purchases.
(1)
Dealer payment to seller in cash shall be limited to two transactions
during a seven-day period for the same seller. The seven-day period
shall commence on the day of the first transaction and end seven days
after the transaction, that is, if transaction No. 1 occurs on Monday,
the seven-day period ends on Sunday.
(2)
No cash payments shall be made to the same seller who makes more
than five transactions in any thirty-day period.
(3)
A seller making transactions over the number of prescribed weekly
and monthly periods will be paid by the dealer by means of a bank
check drawn from the dealer's business account.
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.
A.
Violation of any provision of this chapter shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum fine of
$500 or by imprisonment for a term not exceeding 100 days or by a
period of community service not exceeding 100 days.
B.
Additionally, each violation of this shall result in a suspension
of the dealer's permit for 10 days.
C.
Each and every violation shall be considered a separate violation.
D.
Every day that a violation continues shall be a separate violation.
Each violation shall result in an additional ten-day suspension.
E.
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.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Chief of Police after a hearing before the Borough Administrator
and upon written notice to the dealer 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 of purchasing secondhand precious items as
defined herein;
(3)
Any other violation of this chapter;
(4)
Conviction of any crime or disorderly person's offense involving
moral turpitude;
(5)
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 before the Borough Manager 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 five days prior to the date set for the hearing.
