[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 1-7-1981 by Ord. No. 1441. Amendments noted where
applicable.]
GENERAL REFERENCES
Auctioning of precious metals — See Ch. 121.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, firm or entity who purchases, sells or trades
in secondhand jewelry or precious metals or melts, refines or processes
precious metals or makes or provides appraisals of precious metals
or secondhand jewelry, with or without compensation, fee or remuneration.
Gold, silver, platinum and their alloys, as defined in N.J.S.A.
51:5-1 et seq. and 51:6-1 et seq., including coins or bullion.
Used articles consisting all or partially of gold, silver,
platinum or jewels.
A.
After the effective date of this chapter, any dealer
in precious metals, secondhand jewelry, coins or bullion shall submit
an application for a license to the Licensing Officer of the Department
of Public Safety, which shall contain a current photograph, address
of his residence and principal place of business, his past business
and employment history for 10 years last past, a brief description
of security measures and devices installed for protection at the address
where he intends to engage in precious metals transactions and the
full name, address and employment history of each person charged with
management, supervision and security at the address given for precious
metals transactions.
B.
The application shall be accompanied by a license
application fee of $75. The license to engage in precious metals or
secondhand jewelry transactions shall be approved by the Director
of the Department of Public Safety. If denied, the applicant may,
within 10 days of receipt of written notice of denial, file a written
appeal of the decision of the Director to the Board of Commissioners.
[Amended 6-16-2010 by Ord. No. 13/10]
The license of a precious metals dealer shall
be renewed annually on October 1 of each year upon filing of a renewal
application, plus payment of an annual renewal licensing fee of $15.
A.
Every person, firm or entity who shall engage in any
precious metals or secondhand jewelry transaction in the Town of West
New York shall:
(1)
Post a conspicuous sign in English and Spanish in
the place where the transaction is made, stating the prices offered
various metals units, i.e., grams, specific rare coins, pennyweights,
etc., and fineness of precious metals; or in lieu of posting specific
prices, they may post a reference to a standard price guide in the
trade which is recognized as authoritative in the trade, and they
must have the current edition of said reference available for use,
free of charge, on the premises and readily accessible to potential
customers.
(2)
Post his license in a conspicuous place on the premises,
which location and posting shall be readily accessible for view by
all potential customers.
(3)
Advertise his legal name, address and license number
in all advertisements and window signs.
(4)
Maintain forms prescribed and supplied by the West
New York Police Department, which forms shall be subject to daily
review by and delivery to any police officer and shall contain a legible
and correct transcript of each daily sale, purchase, trade, exchange
or appraisal of precious metals, and said form shall contain the following:
[Amended 1-19-2011 by Ord. No. 30/10]
(a)
Legal name and residence address of the person,
firm or entity with or for whom the precious metals dealer engages
in any transaction, plus the following specific information regarding
each such person: occupation, age, height, weight, sex and color of
eyes, complexion and hair.
(b)
Date and time of the transaction.
(c)
An exact description of the article displayed
to or viewed by the precious metals dealer together with clear, close-up
digital photographs of the article sufficient to allow its identification,
and showing any inscription or identifying marks or engraving to the
extent it is practicable to record such images.
(d)
Net weight in terms of pounds (Troy), ounces
(Troy), pennyweight (Troy), grams or kilograms.
(e)
Fineness in terms 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.
(f)
The price or other consideration paid or received
by the precious metals dealer for the described item.
B.
No precious metals dealer shall sell, melt, change the form of, release from his possession or dispose of any precious metals or secondhand jewelry article bought or received by him until 14 calendar days have elapsed from the date indicated on his official record prepared pursuant to Subsection A(4)(a) through (f) of this section.
[Amended 7-1-1981 by Ord. No. 1477; 1-19-2011 by Ord. No.
30/10]
No person, firm or entity shall buy, sell, exchange,
appraise or otherwise engage in or enter into any precious metals
transaction or secondhand jewelry transaction within the Town of West
New York with any person under the age of 18, and each person entering
into any such transaction shall have the responsibility to verify
the age of the other person with whom he is dealing and shall note
on his permanent records the documentary verification of age.
It shall be the duty of every licensed precious
metals dealer to have on his main business premises a certified accurate
metals weighing scale in working order and in visible sight of all
customers, and said scale shall be used by the licensees for all precious
metals transactions. The certified weighing scale shall contain all
essential measurements, including but not limited to pennyweights
(Troy), hundred weights, pounds (Troy), ounces (Troy), grams or kilograms.
Any person, firm or entity who shall violate
this chapter shall be subject to a mandatory fine of $250 for a first
offense and, in addition thereto, in the discretion of the court,
up to 30 days' incarceration, and for a second or any subsequent offense,
a mandatory fine of $500 for each offense and, in addition thereto,
up to 90 days' incarceration and permanent revocation of license.
