[HISTORY: Adopted by the City Council of the City of Rahway 7-9-1984 by Ord. No. A-12-84 as Ch. 155 of the 1984 Code; amended in its entirety 11-14-2011 by Ord. No. O-31-11. Subsequent amendments noted where applicable.]
Peddling, soliciting and vending — See Ch. 311.
As used in this chapter, the following terms shall have the meanings indicated:
- Individual natural persons, partnerships, joint ventures, societies, associates, clubs, trustees, trusts, corporations or unincorporated groups or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or for any other person under either personal appointment or pursuant to law.
- PRECIOUS METALS AND GEMS
- Items comprised of gold, silver, platinum, palladium and alloys thereof, gems, coins, containing precious metals and all forms of previously owned jewelry which contain precious metals.
- PRECIOUS METALS AND GEMS BUYER
- A person engaged in the business of purchasing metals, gems, coins, containing precious metals and all forms or previously owned jewelry, either as a primary business or in connection with another business, from any person who is not in the business of selling precious metals as required under N.J.S.A. 51:6A-1 to 51:6A-8 including but not limited to business commonly referred to as "jewelry stores."
- SECONDHAND GOODS
- All forms of previously owned goods, including but not limited to: antiques, furniture, watches, china, crystal, paintings, precious metals and gems and goods containing precious metals and gems.
The purpose and intent of this Chapter 319 is to provide licensing and regulation of individuals dealing in precious metals, gems and secondhand goods to protect the residents of Rahway, and those transacting business in the City of Rahway as permitted, in part by N.J.S.A. 51:6A-1 et seq. Further, the licensing and regulations of these individuals will further assist the Rahway Police Department and others in recovering stolen goods. In addition, in regard to precious metals and gems, this Chapter 319 shall be complied with in addition to the laws, rules and regulations as contained in N.J.S.A. 51:6A-1 et seq. and N.J.A.C. 13:47C-1.1 et seq.
Any person, partnership or corporation in the full- or part-time business of purchasing gold, silver, precious metals and gems in the City of Rahway shall maintain a written record of all purchases, precious metals or jewels and must, prior to engaging in such business, be duly licensed by the City. The licensing procedure is to be accomplished as follows.
The business entity shall authorize a representative to complete a registration application.
The registration application shall be made available to persons wishing to secure same through the City Clerk's office.
The registration shall thereafter be filed with the Chief of Police or his designee.
The registration form shall be executed by that person or persons who are responsible for the day-to-day operation of the business. Where a corporation is involved, the president of the corporation shall sign same, and, where partnerships are involved, the managing partner shall sign same.
The registration form shall contain the following information:
The names and current addresses and telephone numbers of all principals of the business. If the business is a corporation, then the information shall include the names and current addresses and telephone numbers of all stockholders.
The place or places where the business entity shall operate from, as well as a listing of the hours when the entity proposes to conduct business.
The names and addresses of three business references.
A statement by the applicant that no principal of the business entity has any arrests or convictions of any crimes. In cases of a corporation, the certification shall apply to all stockholders. If there is an arrest or conviction record, same must be disclosed.
A list of business and home addresses of all principals of the business for the past five years.
The registration must also include a photograph of the person who will manage the day-to-day operation of the business, and that individual must also agree to be fingerprinted by the Police Department.
As to those business entities which are governed by this section and who are already doing business in the City prior to the effective date of this section, then the businesses shall be licensed within 30 days of the effective date of this section.
The annual fee for the license shall be $100. All such licenses shall be issued for a period of one year commencing January 1 and expiring December 31 next following the date of issuance, and there shall be no rebate for any lesser time. The license shall be conspicuously exhibited upon the premises licensed thereunder.
Any person, partnership or corporation in the business of buying precious metals or gems who buys, attempts to buy or offers to buy precious metals or gems on the basis of bulk value from any person who is not in the business of selling precious metals or gems in the City of Rahway shall maintain a written record of all purchases and shall be subject to this section.
The record shall be in a book, non-loose-leaf form, with all pages numbered in sequence. All entries shall be made in pen or ink. There shall be no spaces between entries, and each entry shall be numbered in sequence.
[Amended 7-10-2017 by Ord. No. O-15-17]
The record shall contain the following information:
[Amended 7-10-2017 by Ord. No. O-15-17]
The purchaser shall require that the seller present at the time of sale two current and reliable forms of identification and two passport photographs of the seller.
The purchaser shall make the record available for inspection to any law enforcement officer, upon demand, without the need for advance notice. The record shall be kept at the purchaser's business premises. The records shall be maintained for two years from the date of purchase.
Each dealer doing business in the City of Rahway shall deliver to the Chief of Police or his designee, on forms prescribed by the City of Rahway Police Department a description of all items purchased, received or sold, within 24 hours of the completion of the transaction, except for transactions conducted on Saturday in which said list shall be delivered to the Police Department by no later than 12:00 noon of the Monday following.
No dealer shall sell, melt, change the form of or dispose of any articles purchased or received for a period of 10 days from the date the notification is made to the Chief of Police or his designee. All such items shall remain on the premises where the purchase was made until the expiration of the time period set forth herein.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both, within the discretion of the Municipal Judge. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.