§ 227-11. Record of transactions to be maintained.

Every licensee within the Borough of Wharton shall, upon the purchase of, receiving for pawn, or receiving for consignment any property, precious metals, other metals, or secondhand goods as defined in § 227-1 or as described in Appendix I from the public, shall be required to do as follows:

A. 

Record, using a unique transaction number 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., and any property containing a serial number. This information is to be documented and submitted through use of an electronic database software system as designated by the Police Chief the information listed in § 227-11B(1) through (9). 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 Subsection E below.

(1) 

The dealer shall be responsible for any and all costs associated with purchasing, maintaining and updating the electronic database software system, as well as any annual licensing or subscription fees. Said licensing and/or subscription fees associated with the electronic database software system shall be in addition to any other fees or costs required under this chapter.

B. 

Through the use of applicably required computer equipment, and using the electronic format approved by the Police Chief, every dealer shall enter and submit all transactions into the electronic database within 24 hours from the date of purchase or receipt of property for pawn or consignment. The information entered will contain the information in Subsection A above, plus the following:

(1) 

The name, address, date of birth, telephone number and acceptable identification number of the seller.

(2) 

The receipt number.

(3) 

A full description of the item or items purchased or pawned by the seller, including, but not limited to, marks, numbers, dates, sizes, shapes, initials, monograms and serial numbers; face value and identifying numbers of gift cards.

(4) 

The price paid for the item and the method of payment (such as cash, check, trade, etc.).

(5) 

The form must be signed by the seller.

(6) 

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 old, and the identification presented is valid and correct."

(7) 

The form must be legible, bearing the name of the clerk or the dealer who made the transaction so as to readily identify that individual.

(8) 

A color photograph or color image of the seller's presented acceptable identification.

(9) 

A color photograph or color image of all items purchased by the dealer. When photographing or imaging, all items must be positioned in a manner that makes them readily and easily identifiable.

C. 

In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Police Chief within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in § 227-11B(1) through (9) 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 chapter and subsequently being subject to the penalties for doing so, including revocation of the dealer's license under § 227-8.

D. 

Dealer payment to sellers in cash shall be limited to two transactions during a seven-day period for the same seller. The seven-day period will commence on the day of the first transaction and end seven days after the transaction, i.e., if transaction No. 1 occurs on Monday, the seven-day period ends on Sunday. Furthermore, no cash payments shall be made to the same sellers who make more than five transactions in any given thirty-day period. Sellers making transactions over the number of prescribed weekly and monthly periods will be paid by the dealer by means of a bank check drawn from the dealer's business account.

E. 

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 Wharton Police Department, or other sworn law enforcement officer acting in the performance of their duty, to examine any database, book, ledger, or any other record on the premises relating to the purchase, receiving for pawn, or receiving for consignment, of any property, precious metals, other metals, or secondhand goods as defined in § 227-1 or as described in Appendix I, from the public. Wharton Police Officers or other law enforcement officers acting in the performance of their duty are empowered to take possession of any article known by the police officer or official to be missing or to have been stolen, or where the officer or official has reasonable suspicion to believe the article is missing or stolen. A receipt will be provided to the dealer for any property seized by the Wharton Police Department or other law enforcement officer.

Editor's Note: Appendix I is included as an attachment to this chapter.

Editor's Note: Appendix I is included as an attachment to this chapter.