§ 227-15. Applicability; exemptions.

A. 

This chapter shall not apply to purchases made by dealers from wholesalers or other legitimate suppliers, but shall only apply to those purchases made from the public, which includes other retailer sellers as defined in § 227-2. The dealer 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 Wharton Police Department or any sworn law enforcement officer in the performance of their duties.

B. 

The following are exempt from the requirements of this chapter:

(1) 

Garage sales. As used in this section, a "garage sale" is defined as the sale of used personal property by the lawful residents of residentially zoned property that is not conducted on a periodic or ongoing basis.

(2) 

Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale, or which are incorporated as a not-for-profit corporation by the state.

(3) 

Sales or purchases which are regulated by the licensing laws of the State of New Jersey, including automobile dealers, used parts dealers and automotive parts recyclers.

(4) 

Antique dealers. As used in this section, an "antique dealer" is defined as one who derives 75% of his/her gross sales each year from the sale of antiques and/or primitives. As used in this section, an "antique" or "primitive" is defined as an old and valuable art object or article no longer in production that is at least 50 years old. As used in this section, the term "sale" does not include an exchange, trade, or swap of items.

(5) 

Automated kiosks: This section shall not apply to purchases made by automated kiosks. The automated kiosks keep records of all purchases for a period of five years from the date of such purchase, which records shall be opened to investigation by the Wharton Police Department. This information is to be documented through the use of an electronic database software system as designated by the Police Chief. These records shall be subject to the inspection of any sworn police officer of the State of New Jersey.