[Adopted 5-16-2017 by Ord. No. 2017-01]
As used in this article, the following terms shall have the
meanings indicated:
ACCEPTABLE IDENTIFICATION
A current, valid New Jersey driver's license or identification
card, a current, valid photo driver's license issued by another
United States state, a valid United States passport, or other verifiable
United States government-issued identification, which will be recorded
on the receipt retained by the dealer and subsequently forwarded to
the local Police Department on request.
DEALER
A.
Any person, partnership, limited liability company, corporation,
or other entity, who, either wholly or in part, engages in or operates
any of the following trades or businesses:
(1)
The buying for purposes of resale of precious metals, jewelry
comprised of any precious metal or precious stone or gemstone, or
other secondhand goods, as defined herein;
(2)
Pawnbrokers, as defined herein; and
(3)
Itinerant business as, defined herein.
B.
For the purpose of this article transient buyers, as defined
herein, are subject to the same licensing and reporting requirements
as any other dealers.
ITINERANT BUSINESS
A dealer who conducts business intermittently within the
municipality or at varying locations.
MUNICIPAL CLERK
The statutory officer whose duties are defined in N.J.S.A.
40A:9-133, and may refer to the duly appointed Clerk of the city,
town, township, village, or borough.
PAWNBROKER
Any person, entity, partnership, association or corporation:
A.
Lending money on deposit or pledge of personal property, other
than choses in action, securities, or printed evidences of indebtedness;
B.
Purchasing personal property on condition of selling it back
at a stipulated price; or
C.
Doing business lending money on goods, wares or merchandise
pledged or deposited as collateral security.
PRECIOUS METALS
Gold, silver, platinum, palladium, and their alloys, as defined
in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
PRECIOUS STONE OR GEMSTONE
Any of several gems, including the diamond, emerald, ruby,
and sapphire, that historically had a high economic value because
of rarity or appearance.
PUBLIC
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
REPORTABLE TRANSACTION
Every transaction conducted between a dealer and a member
of the public in which precious metals, jewelry, or any other secondhand
goods, as defined herein, are purchased or pawned.
SECONDHAND GOODS
Gold, silver, platinum or other precious metals, jewelry
comprised of any precious metal and/or precious stone or gemstones,
coins, gemstones, gift cards, any tools, cellular phones, GPS devices,
computers, computer hardware, television sets, handheld electronics,
iPods®, game cartridges, game systems, DVDs, CDs, cameras and
camera equipment. For the purpose of this article, secondhand goods
shall not include goods transacted in the following manner:
A.
Judicial sales or sales by executors or administrators;
B.
Occasional or auction sales of household goods sold from private
homes;
D.
The occasional sale, purchase, or exchange of coins or stamps
by a person at his permanent residence or in any municipally owned
building who is engaged in the hobby of collecting coins or stamps
and who does not solicit the sale, purchase, or exchange of such coins
or stamps to or from the general public by billboard, sign, handbill,
newspaper, magazine, radio, television, or other form of printed or
electronic advertising.
SELLER
A member of the public who sells or pawns used goods such
as precious metal, jewelry comprised of precious metal or precious
stone or gemstone, or other secondhand goods to a dealer.
TRANSIENT BUYER
A dealer, as defined herein, who has not been in a registered
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 within six
months.
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons' offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in §
68-2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this article. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to the person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this article and shall be subject to the penalties established in §
68-8.
Violation of any provision of this article by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days, in addition to a suspension or revocation of the operating license as provided in §
68-6F and
G above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this article 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 and, in addition, may be subject to revocation proceedings as provided in §
68-6G. 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 article.