A.
No secondhand dealer shall purchase or accept any goods, wares, articles,
items or things under any of the following circumstances:
(1)
Where the seller is a minor; provided, however, that a pawnbroker may not accept a pledge from any person who is under the age of sixteen (16) as set forth in Article IV of this chapter;
(2)
Where the seller is intoxicated;
(3)
Where the seller fails to present the identification required by § 192-16D(4) of this Article; or
(4)
Where the item to be purchased had an original manufacturer's serial
number at the time it was new but no longer legibly exhibits said
number.
B.
No secondhand dealer shall deal in, buy, sell or display on or in
the licensed premises any pistol, revolver, Derringer, bowie knife,
dirk or other deadly weapon of like character which is capable of
being secreted upon a person unless such secondhand dealer shall also
possess any and all valid and current licenses or permits regarding
same as required by applicable federal, state or local laws, ordinances,
rules or regulations.
Every holder of a license issued in accordance with this Article
shall maintain at the licensed location a receipt book or register
which shall be available for inspection by any police officer during
normal hours of operation and which shall meet the following requirements:
A.
The receipt books or registers shall be sequentially numbered and
shall be of a form that creates, allows, or maintains triplicate copies
of each entry;
B.
All entries in the receipt books or registers shall be entered by
hand in ink or in such other permanent writing material which is not
susceptible to erasure, smudging, running or fading;
C.
All entries in the receipt books or registers shall be neatly written
so as to be readily legible;
D.
All entries shall be made immediately at the time of receipt or purchase
of any property and shall include the following information:
(1)
A concise and accurate description of all property taken, purchased
or received, including any number or inscription that may be in or
on said property;
(2)
The full legal name of the person from whom the property is received,
including the person's full first name and middle initial, if any;
(3)
The current address, date of birth and telephone number of the person
from whom the property is received;
(4)
A valid New Jersey driver's license number or, if the person does
not reside in the state or does not have a valid driver's license,
then at least two (2) forms of identification of which at least one
(1) shall contain the seller's full legal name, date of birth, a photograph
or full physical description and an identification number;
(5)
The amount paid for each item or the consideration and terms of the
transaction;
(6)
The signature of the seller; and
(7)
The signature of the employee who received the property.
A.
All secondhand dealers shall produce a receipt to the seller of any
item purchased or received by the secondhand dealer. A copy of all
receipts issued pursuant to this section shall be maintained in chronological
order and kept on file by the secondhand dealer for a period not less
than two (2) years from the date the receipt was issued.
B.
Receipts required to be issued and maintained under this section shall contain all of the information described in § 192-16D and, if the items received included any form of precious metal, the following additional information:
(1)
The price at which the precious metals were bought, expressed as
price per ounce;
(2)
The weight of the precious metal purchased together with a full and
complete description of the items being purchased; and
(3)
If the item purchased is a gem or piece of jewelry not bought on
the basis of weight, the price being paid for the item together with
a description of the item.
[Amended 9-24-13 by Ord. No. O-2013-027]
Every secondhand dealer, except auction houses, shall keep all
property purchased or received from an individual for a period of
ten (10) calendar days before it can be sold or traded. The waiting
period may be waived or extended by the Mayor and Township Committee
for good cause upon recommendation from the Township Administrator;
provided, however, that any such waiver or extension shall be valid
only if it is contained in a written document signed by the Township
Administrator after approval by the Mayor and Township Committee and
a copy of said waiver or extension is provided to the Chief of Police.
Every licensed secondhand dealer and every person employed by a licensed secondhand dealer shall admit to any and every part of the licensed premises where the secondhand dealer is conducting the licensed business, during normal business hours, any law enforcement officer of the Township of Winslow to examine any goods, articles, items or things on the premises relating to the purchase or sale of secondhand property to search for and to take into possession, without compensation to the licensee, any article known to be stolen or which such officer has reasonable grounds to believe to have been stolen. Such law enforcement officer may make any search or seizure as is provided for in this section and the property so seized shall be receipted for by the officer, which receipt shall fully describe the seized property and shall be signed by the officer. Should the officer determine the property not to be stolen, the officer shall promptly return the property to the secondhand dealer from whom it was confiscated and obtain a receipt from the secondhand dealer evidencing the return of the property, which receipt shall comply with the provisions of § 192-16. If the property is determined to be the result of a domestic theft, the victim shall make restitution for the amount paid to obtain said property. Restitution for all other property shall be made by way of criminal complaints against the seller of said items.
Violations of this Article shall be deemed a misdemeanor and any person or business entity which violates any of the provisions of this Article shall, upon conviction, be subject to a fine of not less than one hundred dollars ($100.) or more than five hundred dollars ($500.); provided, however, that each day a violation of this Article shall continue shall constitute a separate offense. The licensed secondhand dealer shall be responsible for any violation of this Article occasioned by any of the licensee's partners, officers, directors, members, shareholders, employees or agents such that a violation committed by any such person shall be imputed to the licensee. Upon a third or subsequent violation under this Article, the license of said secondhand dealer may be revoked by the governing body in accordance with § 192-9.
