[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:
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:
A.
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.
B.
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.
C.
Make available to the Somerdale Police Department any record made
pursuant to this chapter.
D.
Maintain and not dispose of any goods purchased from any person for
a period of 96 hours.
E.
Pay for any goods purchased with a check payable to the person selling
the goods.
F.
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.
A.
Any vendor covered hereunder shall obtain a license from the Borough
of Somerdale.
B.
An application shall be made on a form provided by the Borough Clerk
and shall include the following:
(1)
The name of the individual or entity applying for a license;
(2)
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%;
(3)
The location for which the license is requested;
(4)
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
(5)
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.
(6)
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:
A.
The applicant is under the age of 18;
B.
The location requested is not in a permanent structure;
C.
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;
E.
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
F.
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:
A.
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
B.
The licensee, its partners, officers or shareholders have been convicted of any offense set forth in § 174-7 of this chapter; or
C.
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:
A.
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;
B.
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.
C.
Sales or purchases which are regulated by the licensing laws of the
state, including automobile dealers, used parts dealers and automotive
parts recyclers.
D.
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.
