[HISTORY: 1988 Code §§ 154-1 - 154-9 adopted as amended through December 31, 2013. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person, partnership, corporation or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys or sells secondhand gold, silver, precious metals, gems or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.
- ITINERANT BUSINESS
- Any business conducted intermittently within the Township of Wayne or at varying locations.
- Any person under the age of 18 years.
- PERMANENT-BASED BUSINESS
- Any business conducted on a year-round basis and housed in a single structure, such as a store or residence.
- TRANSIENT BUYER
- Means a buyer of precious metals as provided for in N.J.S.A. 51:6A-5 who has not been in any retail business continuously for at least 6 months at the address in the municipality where he/she is required to register or who intends to close out or discontinue all retail business in the municipality within 6 months. (N.J.S.A. 51:6A-5)
Each dealer conducting business within the jurisdiction of the Township of Wayne shall first register with the Chief of Police, or designee, who shall cause the applicant to be fingerprinted and institute such an investigation of the applicant's background and business responsibility as he/she deems necessary for the protection of the public welfare. In the event that the dealer is a business entity other than a sole proprietorship, the officers in a corporation or the partners in a partnership (or limited partnership) shall be deemed to be the applicant(s) who shall be fingerprinted and investigated in accordance with this section. Upon completion of the investigation, the Chief of Police shall either issue or deny the license based upon the results of his/her investigation. Upon the issuance of the license, the applicant shall be given a copy of Chapter 154.
Each dealer shall maintain a complete record of each purchase and sale, including the amount paid, description of the item and any identifying numbers or engravings. The dealer shall also obtain the name, address, date of birth, driver's license number and state of issuance for the person from whom the items were purchased, received or sold. This information is to be documented on the "Secondhand Jewelry Transaction Receipt" form supplied by the Wayne Police Department. These records shall be subject to the inspection of any authorized Police Officer of the Township of Wayne.
Each dealer doing business in the Township of Wayne shall deliver to the Chief of Police or designee the description of all items purchased, received or sold within 48 hours of the completion of the transaction on the "Secondhand Jewelry Transaction Receipt" forms prescribed by the Chief of Police along with photographs of the item(s). These forms and photographs may be delivered via electronic media in either .pdf or .jpg format or in person to the Wayne Police Department.
No dealer shall sell, melt or change the form of or dispose of any articles purchased or received within 45 days of the date of said purchase, and all such items shall be made available for at least 45 days to any authorized Police Officer requesting such items.
Each dealer must require identification of the person with whom he/she is transacting business, and no transaction may be made with any minor, as herein defined, nor with any individual who is in an intoxicated state and/or is under the influence of intoxicating liquor, narcotics or hallucinogenic or habit-producing drugs.
Licenses issued under the provisions of this chapter may be revoked by the Chief of Police or designee after a hearing by the Township Attorney upon notice to the applicant for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on the business of purchasing secondhand precious metals, gems and jewelry.
Any violation of this chapter.
Conviction of any crime or disorderly persons offense involving moral turpitude.
Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed via regular and certified mail, to the licensee at his/her last known address at least five days prior to the date set for the hearing.