[G.O. No. 1319, § 1]
(a)
PRECIOUS METALS — Gold, silver, platinum, palladium and alloys
thereof in any form, including items fabricated in whole or in part
from such metals or alloys or combinations thereof.
(b)
DEALER — Any person, partnership, corporation or other entity
who through any means or method, including barter, engages in the
business of buying, purchasing or acquiring precious metals in any
form from any person who is not engaged in the regular business of
selling such precious metals, or who makes or provides appraisals
or tests of the weight and quality of precious metals, and includes
anyone advertising any such services or the purchase, acquisition
or trade of any precious metals.
[G.O. No. 1319, § 1]
(a)
License required. No person, partnership, corporation or other entity
shall conduct a business as a dealer in precious metals without first
having obtained a license from the Chief of Police of the Town of
Westfield for such purpose.
(b)
Form of license. The license shall be on a form provided by the Westfield
Police Department and shall include the following information:
(1)
The name and address of the person, partnership, corporation, or
other entity conducting said business or advertising same and any
trade name used or to be used.
(2)
In the case of a corporation, the names and addresses of all officers
of the corporations and all stockholders holding more than 10% of
the stock of the corporation.
(3)
The location at which said business will be conducted, and the hours
of operation thereof.
(c)
License fee. The fee required for said license shall be the sum of
$25 per year.
(d)
License term. License shall be issued on an annual basis for a one-year
period from the date of issuance or any renewal thereof.
(e)
Display of license. The license when issued shall be displayed on
the premises used to conduct the business of a dealer in precious
metals, and the location of such license shall be in a conspicuous
place readily accessible for view by potential customers.
[G.O. No. 1319, § 1]
Any person who conducts the business of a dealer in precious
metals shall maintain on a daily basis on forms approved by the Chief
of Police a legible and correct description of each purchase, or exchange
of precious metal, and said forms shall contain the following additional
information for each such purchase, or exchange. No such records are
required where only an appraisal is made.
(a)
Legal name and residence address of the person, partnership, corporation
or other entity with or for whom the precious metals dealer engages
in a transaction, plus the following specific information regarding
each such natural person: (1) occupation; (2) age; (3) height; (4)
weight; (5) sex; (6) color of eyes, complexion and hair; (7) drivers
license number and State.
(b)
Date and time of transaction.
(c)
Exact description of the article purchased by him, or acquired by
trade.
(d)
Any inscription, monogram, engraving or similar device containing
letters or numbers shall be noted and located on the item and such
letters or numbers shall be copied into the log.
(e)
Net weight in terms of pounds troy, ounces troy, penny weight troy,
grams or kilograms for each such item.
(f)
Fineness in terms of "karat" for gold and "sterling or coin" for
silver, in accordance with N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.
(g)
The price or the consideration paid or received by the precious metals
dealer for the described item.
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Every precious metals dealer shall maintain the records required
by this section, and shall at all times have same available on the
premises and open for inspection by any police officer of the Town
of Westfield. In addition, such precious metals dealer shall daily
at the close of business deliver a copy of said list to the Westfield
Police Department.
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[G.O. No. 1319, § 1]
No precious metals dealer shall buy, exchange, appraise or otherwise
engage or enter into any precious metals transaction with a person
under the age of 18, and a dealer shall have the responsibility to
verify the age of the customer with whom they are dealing and shall
note on their records the documentary verification of such age.
[G.O. No. 1319, § 1]
No precious metals dealer shall sell, melt, or otherwise change
the form of or dispose of any articles purchased or received for a
period of seven calendar days from the date of the daily notification
made to the Police Department concerning the purchase or appraisal
of such items, and such items shall remain on the premises where purchase
was made for at least seven calendar days after this daily notification.
[G.O. No. 1319, § 1]
Nothing contained herein shall apply to the wholesale purchase
of jewelry or precious metals by regularly established businesses
from wholesale dealers and suppliers, which purchases are made for
retail sale to the public in the regular course of business. Nothing
contained herein shall apply to the casual purchase of precious metals
by a person, partnership or corporation not regularly engaged in that
business. This article shall not apply to the purchase of coins now
or formerly used as money if the aggregate value of the coins purchased
is less than $500 in one transaction. This article shall not apply
to the purchase of automobiles with catalytic mufflers or to fabricated
products or goods containing precious metals which constitute only
a minor part of the value of the item.
[G.O. No. 1319, § 1]
Any person as defined above who violates any provisions of this
article shall upon conviction thereof be punished by a fine not exceeding
$500 or by imprisonment for a term not exceeding 90 days, or both,
within the discretion of the municipal judge. A separate offense shall
be deemed committed in each day during or on which a violation occurs
or continues.
