[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale 7-12-2018 by Ord. No. 2018:09. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- SECONDHAND GOODS
- Any item of personal property that had been previously owned by a consumer.
- Any dealer in secondhand goods, including pawnshop operators located in Somerdale, New Jersey.
Any vendor shall comply with the following:
Require proof of identification from any person selling them goods, said proof to be a photo identification issued by a governmental entity, and absent such identification the vendor is prohibited from making a purchase.
Maintain a copy of said photo identification for a period of two years following a purchase, noting the details of the purchase, including the date and time and detailed description, or a photo, of the item purchased.
Make available to the Somerdale Police Department any record made pursuant to this chapter.
Maintain and not dispose of any goods purchased from any person for a period of 96 hours.
Pay for any goods purchased with a check payable to the person selling the goods.
Report each purchase electronically with the Rapid Pawn database or a similar website as designated by the Chief of Police, within 12 hours of said purchase. Said information shall also be emailed to the Somerdale Police Department.
Any vendor covered hereunder shall obtain a license from the Borough of Somerdale.
An application shall be made on a form provided by the Borough Clerk and shall include the following:
The name of the individual or entity applying for a license;
The residence, phone number, date of birth, driver's license number, and social security number or federal tax identification number of the applicant or partners or, if an entity, the residence, phone number and driver's license number of the officers and all persons owning more than 5%;
The location for which the license is requested;
Whether the applicant, its partners, officers or listed owners have been convicted of any criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction within the last 10 years and, if so, a list of such convictions with date and prosecuting jurisdiction; and
Whether the applicant, its partners, officers or listed owners have held a license or had an interest in a license issued by this or any other jurisdiction regulating the purchase or sale of secondhand property revoked for cause and, if so, list the date of revocation and jurisdiction.
A consent to a criminal background check for all applicants, its partners, officers or listed owners.
There shall be an application fee of $200 and a yearly license registration fee of $50.
Every vendor shall annually renew this license, and, in the event that any information in the initial application has changed, the vendor shall inform the Borough Clerk as to the new information.
The Borough Clerk will provide a copy of each application made hereunder to the Somerdale Police Department which shall report back to the Clerk within 21 days as to the accuracy of the application.
Upon receipt of the report from the Somerdale Police Department, the Borough Clerk shall issue the license unless the Borough Clerk determines:
The applicant is under the age of 18;
The location requested is not in a permanent structure;
The applicant, its partners, officers or listed owners have been convicted of or have pleaded guilty to any offense related to theft, burglary, or purchasing or receiving stolen items under the laws of this state, Borough of Somerdale or any other jurisdiction within the past 10 years, or have forfeited a bond to appear in court to answer for charges for such offenses during said time;
That the applicant, its partners, officers or listed owners have held a license or had an interest in a license issued by the Borough of Somerdale or any other jurisdiction regulating the purchase or sale of secondhand property which was revoked for cause; or
That the applicant, its partners, officers or listed owners have knowingly furnished false or misleading information or withheld relevant information on any application for a license or any investigation into any application.
Any license issued for a vendor may be revoked or suspended by the Mayor and Council if they shall find after hearing that:
The licensee, its officers, agents or employees have violated any of the provisions of this chapter, the laws of the state or ordinances of the Borough of Somerdale in the operation of the business; or
The licensee, its partners, officers or shareholders have been convicted of any offense set forth in § 174-7 of this chapter; or
The licensee, partners, officers or owners have knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation into any application. The licensee shall be responsible for the acts of its agents, servants and employees in the operation of the business. Prior to holding a hearing concerning the question of whether a license shall be revoked or suspended, the Mayor shall give at least 10 days' written notice to the licensee setting forth the alleged violation. The licensee may present evidence and cross-examine witnesses at such hearing.
Any license issued hereunder is not transferable nor assignable nor may the location be moved without filing an amendment to the initial application stating the details of the move and paying a fee of $50.
No vendor shall purchase any goods or lend any money to any person between the hours of 10:00 p.m. and 7:00 a.m. the next day.
The following are exempt from the requirements of this chapter:
Garage sales. As used in this section, a "garage sale" is defined as the sale of used personal property by the lawful residents of residentially zoned property that is not conducted on a periodic or ongoing basis. A garage sale shall be deemed to be periodic or ongoing if a garage sale is held by the lawful resident of residentially zoned property more than five days in any consecutive ninety-day period;
Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale or which are incorporated as a not-for-profit corporation by the state.
Sales or purchases which are regulated by the licensing laws of the state, including automobile dealers, used parts dealers and automotive parts recyclers.
Antique dealers. As used in this section, an antique dealer is defined as one who derives 75% of his gross sales each year from the sale of antiques and/or primitives. As used in this section, an "antique" or "primitive" is defined as an old and valuable art object or article no longer in production that is at least 50 years old. As used in this section, the term "sale" does not include an exchange, trade, or swap of items.
No licensee shall deal in, buy or sell, or display in his shop any pistol, revolver, Derringer, Bowie knife, dirk or other deadly weapon of like character, capable of being secreted upon the person, unless such licensee shall also possess valid and current licenses or permits as required by applicable federal, state, or local laws, ordinances, rules or regulations.
Any licensee operating as a pawnshop or pawnbroker shall comply with all applicable state and federal laws and regulations that govern the same. Specifically, businesses dealing in the purchasing of precious metals will comply with the laws outlined in N.J.S.A. 51:6A-1.
It shall be a violation of this chapter if a vendor receives or purchases in any manner any goods or makes any advance or loan to any person without complying with this chapter. Any violation of this chapter will be punishable by a minimum fine of $100 and a maximum fine of $2,000 and/or by imprisonment for a term not exceeding 90 days and/or a period of community service up to 90 days. Each and every violation of this chapter shall be considered a separate violation.