[Ord. No. 1049-2016]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods by requiring minimum identification, reporting,
maintenance, and distribution criteria for licensed dealers in these
goods.
No person shall use, exercise, or carry on the business, trade,
or occupation of the buying, selling, or pawning of precious metals
or other secondhand goods without complying with the requirements
of this section in the exact manner described herein.
[Ord. No. 1049-2016]
Shall mean a current valid New Jersey Driver's License or
Identification Card, a current valid photo driver's license issued
by another US state, a valid United States Passport, or other verifiable
US Government issued identification, which will be recorded on the
receipt retained by the dealer and subsequently forwarded to the local
police department on request.
Shall mean 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: the buying
for purposes of resale of precious metals, jewelry, or other secondhand
goods as defined herein; pawnbrokers as defined herein; itinerant
businesses as defined herein. For the purposes of this ordinance,
transient buyers, as defined herein, are subject to the same licensing
and reporting requirements as any other dealers.
Shall mean any restricted monetary equivalent or script that
is issued by retailers or banks to be used as an alternative to a
non monetary gift.
Shall mean a dealer who conducts business intermittently
within the municipality or at varying locations.
Shall mean as defined by this section.
Shall mean 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."
Shall mean any person, partnership, association or corporation:
lending money on deposit or pledge of personal property, other than
choses in action, securities, or printed evidences of indebtedness;
purchasing personal property on condition of selling it back at a
stipulated price; or doing business as furniture storage warehousemen
and lending money on goods, wares or merchandise pledged or deposited
as collateral security.
Shall mean 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.
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
Shall mean 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.
Shall mean used goods such as antiques, gold, silver, platinum,
or other precious metals, jewelry, coins, gemstones, gift cards, any
tools, telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, purses, pocketbooks, furs and other valuable
articles. For the purposes of this ordinance, secondhand goods shall
not include goods transacted in the following manner: i) judicial
sales or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) 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.
Shall mean a member of the public who sells or pawns used
goods such as precious metal, jewelry, or other secondhand goods to
a dealer.
Shall mean 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.
[Ord. No. 1049-2016]
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 Mercantile License Officer, which license shall bear a number issued by the Mercantile License Officer. The application for a license to the Mercantile License Officer 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 subsection 4-11.2 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 section. 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 a 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 section and shall be subject to the penalties established in subsection 4-11.10.
[Ord. No. 1049-2016]
Nothing in this section shall apply to or require the obtaining
of a license by any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists, and nothing in this section shall
apply to or require the obtaining of a license by any art, antique
or historical society that shall conduct an exhibition and sale of
art objects, pictures, paintings, prints, historical articles and
furniture generally known and designated as antiques and kindred objects;
and nothing in this section shall apply to or require the obtaining
of a license by any agricultural show, fair or garden society selling
or closing out certain of their exhibits, if such society was an incorporated
association, not for pecuniary profit, of this State prior to the
26th day of March, 1935, or if incorporated subsequent thereto, such
society shall have a bona fide membership of at least 100 persons.
[Ord. No. 1049-2016]
a.
Upon receipt of an application completed pursuant to this section,
the Mercantile License Officer shall refer such application to the
Chief of Police or his (or her) designee, who shall make an investigation
of the prospective licensee, pursuant to this section for the purpose
of determining the suitability of the applicant for licensing. The
investigation shall include, but shall not be limited to the following:
1.
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in subsection 4-11.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly person offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by subsection 4-11.7d of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under subsection 4-11.7a.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Mercantile License Officer, fully completed by the applicant.
If a criminal record check has been requested within the thirty-day
period and has not been received by the Chief of Police within that
period, the Chief of Police may, if all other factors are satisfactory,
recommend a conditional issuance of the license subject to the finding
regarding criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Mercantile License
Officer, who shall grant or deny the license. Any recommendation of
the Chief of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Mercantile License Officer accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial and the Mercantile
License Officer shall forward to the applicant a statement of the
reason or reasons for such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection 4-11.6, the retention and inspection requirements of subsection 4-11.7, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Mercantile License Officer shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 4-11.8 of this section.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before the Mayor and Council, at which time
the applicant shall be permitted to introduce such evidence as may
be deemed relevant to such denial. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of denial of a license to act as a dealer of secondhand
goods.
f.
No license shall be assignable by the dealer.
[Ord. No. 1049-2016]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in subsection 4-11.2.
b.
Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years and the identification presented is valid
and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification, as set forth in subsection 4-11.2, in a format acceptable by the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Photographs
of serial numbers on items that contain serial numbers shall be taken.
6.
The receipt number which shall also be listed on the subject article.
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s);
9.
If precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and
sterling of coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A.
51:6-1 et seq.;
10.
The time and date of the transaction.
d.
The information outlined in paragraph c above, must additionally
be electronically documented through the use of an electronic database
system authorized by the Chief of Police. Installation and training
in this software will be made mandatory as of the effective date of
this section and licensing will be conditional upon compliance with
proper use of the system as described herein. These records shall
be subject to the inspection of any authorized Police Officer or any
sworn law enforcement officer acting in the performance of their duty
as set forth in paragraph f below. Through the use of applicably required
computer equipment, and using the electronic format approved by the
Chief of Police, every dealer shall enter all reportable transactions
into the electronic database by the end of the close of business on
the same date as the purchase or receipt of property for pawn or consignment.
The information entered must contain all pertinent information
outlined in paragraph c above.
e.
In the event of a database failure, all transaction information is required to be submitted to a Bridle Police email approved by the Chief of Police within 24 hours from the date of purchase. If the dealer's computer equipment suffers a malfunction and is not operable, the dealer must submit all transactions on paper forms approved by the Chief of Police within 24 hours from the date of the purchase. In the event that email or paper form reporting is used, the dealer is responsible to enter all transaction information set forth in paragraph c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in subsection 4-11.7.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 4-11.7 Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
g.
All records maintained by the Chief of Police pursuant to this section
shall be confidential and shall not be made available to any individual
or institution as otherwise provided by law. The information pursuant
to this section may be shared with any Federal, State, County or local
law enforcement, or regulatory agency with jurisdiction over persons
engaged in businesses that conduct reportable transactions.
[Ord. No. 1049-2016]
a.
In accordance with both N.J.S.A. 2C:21-36 and this section, all precious metals, jewelry, and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or his (or her) designee at the designated business address for a period of at least 10 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 4-11.6. All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the ten-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing
that the seller signed the mandatory statement required by 4-11.6b
upon the sale of those goods, the dealer has the right to sign a theft
by deception complaint under N.J.S.A. 2C:20-4 against the seller at
the Brielle Municipal Court. A law enforcement officer shall seize
the goods and provide the dealer with a receipt. If the dealer signs
a complaint and the seller is convicted of theft by deception and
is found by an order of a court of valid jurisdiction, the seller
will be responsible for providing restitution to the dealer under
N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for
the stolen goods.
c.
If market conditions would create a hardship on the dealer by holding
precious metals or other secondhand goods for such period, the dealer
may present the property to the Chief of Police in order that it may
be photographed and, if deemed necessary by the Chief of Police, an
investigation may be implemented. The Chief of Police shall have the
authority to grant the dealer a waiver (at the risk of the dealer)
of the requirement under this section. In no case shall the dealer
sell the items prior to the established period without the written
permission of the Chief of Police or his designee.
d.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in subsection 4-11.6c.
e.
No dealer shall purchase any item covered by this section from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or his (or her) designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f.
Suspension. The Chief of Police or his (or her) designee is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection 4-11.10 of this section.
1.
Grounds for Suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2.
Procedure for Suspension. Upon determination that appropriate grounds
exist and that a suspension is warranted, the Chief of Police or his
(or her) designee shall issue a written notice of suspension of license
to the offending dealer and to the Municipal Clerk, which shall set
forth the grounds for the suspension, and notify the dealer of his
or her right to appeal pursuant to paragraph g,2. A temporary suspension
shall issue immediately, pending the outcome of any appeal taken.
Suspended dealers must immediately cease engaging in the business
of purchasing for resale, receiving for pawn, and/or selling of precious
metals and/or other secondhand goods in the Municipality until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the
grounds leading to the suspension have, in the determination of the
Chief of Police or his (or her) designee, been cured, corrected, or
appropriately rectified, or upon the decision of a timely filing of
an appeal as provided in paragraph g,2.
g.
Revocation. A license issued under this section may be revoked by the Mayor and Council upon written recommendation from the Chief of Police or his (or her) designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 4-11.10.
1.
Grounds for Revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
2.
Procedure for Revocation. Upon a determination that appropriate grounds
exist and that revocation is warranted, the Chief of Police or his
(or her) designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically be issued,
if one is not already in effect, pending the outcome of the charge.
The determination by the Chief of Police or his (or her) designee
shall be final unless the licensee files a written notice of appeal
with the Municipal Clerk within 10 days after receiving the written
notice of the decision. The appeal shall be a hearing before the Mayor
and Council. Written notice of the time and place of such hearing
shall be served upon the licensee at least 72 hours prior to the date
set for such hearing. Notice may be given either by personal delivery
or by regular mail to the address listed on the license. At the hearing
before the Mayor and Council the licensee shall have an opportunity
to answer, introduce evidence, and present testimony of witnesses,
and upon due consideration and deliberation by the Mayor and Council,
the license may be revoked, suspended or other actions taken, or the
complaint may be dismissed. The decision of the Mayor and Council
shall constitute final administrative action of the municipality.
3.
Following revocation or suspension by the Mayor and Council, the
dealer must relinquish his or her license and must immediately and
indefinitely cease operating as a dealer of precious metals or other
secondhand goods within the municipality.
h.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Mercantile License
Officer, in writing, of the street address of said new location prior
to the move.
[Ord. No. 1049-2016]
Each licensee shall deliver a bond to the Municipal Clerk, executed
by the applicant as principal, and executed by a surety company authorized
to do business under the laws of the State of New Jersey, as surety.
The bond shall be subject to the review and approval by the Borough
Attorney, as defined in N.J.S.A 40A:9-139, and be in the penal sum
of $10,000, conditioned upon the due and proper observance of and
compliance with the provisions and requirements of all existing or
future Borough ordinances relating to the conduct of the secondhand
dealer business, and conditioned also that the bond shall be and remain
for the benefit of any person or persons who shall have received judgment
against a licensee by reason of any damage sustained by any such person
as a result of the operations of the licensee, which damage shall
be established by a judgment of a court of proper jurisdiction. The
bond shall contain the following language: "The obligation of this
bond shall, in addition to the Borough of Brielle, be and remain for
the benefit of any person who shall obtain a judgment against the
obligor as a result of damage sustained in operation pursuant to any
license granted by the Borough of Brielle." The bond shall be kept
for a minimum of one year from the date of issuance of license and
must be renewed annually along with the license.
[Ord. No. 1049-2016]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $250. The annual renewal fee for a license is $150. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by subsection 4-11.6d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from January 1st through December 31st. All applications for renewal must be filed on or before November 1st for renewal by January 1st of the following year.
[Ord. No. 1049-2016]
Violation of any provision of this section 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 operating license as provided in subsection 4-11.7f and subsection 4-11.7g 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 section 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 subsection 4-11.7g. 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 section.
[Ord. No. 1049-2016]
a.
Any person, partnership, Limited Liability Company, corporation,
or other entity engaging in the business of a pawnbroker, or a dealer
in precious metals or other secondhand goods shall conform to the
provisions of this section within 90 days following the effective
date of this section.
b.
Nothing contained in this section is intended to replace any pre-existing
statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
c.
If any section, subsection, sentence, clause, phrase, or portion
of this section is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
