[HISTORY: Adopted by the Township Committee of the Township of Egg
Harbor 6-9-1982 by Ord. No. 36-1982. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
One who purchases precious metals from the public and sells or otherwise
exchanges or trades the precious metals to refiners or brokers or makes appraisals
of the precious metals or otherwise conveys, melts down or alters said precious
metals in any form.
Gold, silver, platinum 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.
Not only the exchange of money for precious metals, but the exchange
or trading of any other tangible or intangible property for precious metals.
Every merchant within the Township of Egg Harbor shall, upon the purchase
of any precious metals from the public, be required to do as follows:
A.
Record on a numbered receipt the name, address and telephone
number of the purchaser; the name, address and telephone number of the seller
or sellers; the time and date of the transaction; the net weight in terms
of pounds Troy, pennyweight (Troy) or kilograms/grams of the precious metals;
fineness in terms of karats for gold, and sterling or coin for silver, in
accordance with N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
B.
Supply to the Chief of Police of the Township of Egg Harbor, within two days from the date of purchase, on a form approved by the Township of Egg Harbor, the information contained in Subsection A above, plus the following:
(1)
A physical description of the seller.
(2)
The receipt number.
(3)
A full description of the item or items purchased, including
but not limited to, marks, numbers, dates, sizes, shapes, initials and monograms.
(4)
The price paid for the item.
(5)
The form must be signed by the seller and initialed by
the clerk who made the transaction.
C.
The precious metals are to be made available for inspection
by the Chief of Police of Egg Harbor Township or his designated representative
for a period of five days from the date the information required above is
received by the Chief of Police on the approved form. The precious metals
shall remain in the same condition as when purchased and shall not be changed,
modified, melted or disposed of by the purchaser until the five-day period
has expired. During this five-day period, the precious metals shall be placed
in public view at the purchaser's place of business. If the property is such
that it would create a hardship on the merchant by holding the precious metals
for such period, the merchant may present the property to the Chief of Police
or his representative in order that it may be photographed and, if deemed
necessary by the Chief of Police or his designated representative, an investigation
be implemented. The Chief of Police or his designated representative has the
authority to grant the merchant a waiver of the requirement under this section.
This chapter shall not apply to purchases made by jewelers or other
merchants from wholesalers or other suppliers, but shall only apply to those
purchases made from the public or other retail purchases. The merchant shall
keep records of all wholesale purchases for a period of six months from the
date of such purchase, which records shall be opened to investigation by the
Egg Harbor Township Police Department.
No merchant within the Township of Egg Harbor shall purchase any precious
metals from any person under the age of 18 years.
[Amended 12-9-1987 by Ord. No. 60-1987; 4-12-2006
by Ord. No. 20-2006]
Violation of any provision of this chapter shall, upon conviction thereof,
be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment
for a term not exceeding 90 days or by a period of community service not exceeding
90 days. Each and every violation shall be considered a separate violation.
Any person who is convicted of violating the provisions of this chapter 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. 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 chapter.
