§ 227-2. Definitions.

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings ascribed herein. Words used in the present tense shall include the future, words in the plural number shall include the singular number, and words in the singular number shall include the plural number. The word "shall" is always mandatory and not merely directory.

ACCEPTABLE IDENTIFICATION

Acceptable forms of identification include: a current valid photo New Jersey driver's license or New Jersey identification card, a current valid photo driver's license issued by another United States state, a valid United States passport, or other verifiable valid United States government-issued photo identification with address. All of the above-listed acceptable identifications require the dealer to capture/record evidence of the person's current address.

ARTICLE

Any article of merchandise, including any portion of such article, whether a distinct part thereof or not, including every part thereof, whether separable or not, and also including material for manufacture. This term shall also include the definition of "article" as the same that appears in N.J.S.A. 51:6-1, as that statute may be amended from time to time.

AUTOMATED KIOSK

An interactive device that is permanently installed within a secure retail space and has technological functions that can remotely monitor the kiosk, verify the seller's identification, and store goods securely.

BUYER

Any person, partnership, corporation, sole proprietorship, association, or other entity, who or which, through any means, buys, transfers or obtains from consignment articles made of or containing gold, silver, precious or semiprecious metals or gems or jewelry, other metals, or secondhand goods as defined in this chapter, and includes anyone advertising the purchase or sale of any of the aforementioned items.

DATABASE

A computerized internet-capable database with hardware and software compliant with standards set by the Police Chief.

DEALER

Any person, partnership, corporation, sole proprietorship, association, or other entity, who or which, through any means, buys, sells, transfers or obtains from consignment articles made of or containing gold, silver, precious or semiprecious metals or gems or jewelry, other metals, or secondhand goods as defined in this chapter and includes anyone advertising or soliciting the purchase or sale of any of the aforementioned items.

DESIGNATED VENDOR

A person or entity who is appointed or designated by the Police Chief who is authorized to collect and maintain precious metal transaction information or other purchase information, as defined herein, for the Borough of Wharton.

EMPLOYEE

Any person working for a buyer or dealer, whether or not the person is in the direct employment of the buyer or dealer or works full time or part time, who handles gold, silver, precious or semiprecious metals or gems or jewelry, other metals, or secondhand goods for the buyer or dealer. "Employee" shall not mean a person employed by a bank, armored car company or other business entity acting in the sole capacity of bailee-for-hire relationship with a buyer or dealer.

GEM

Any precious or semiprecious stone, or item containing a precious or semiprecious stone, customarily used in jewelry or ornamentation.

GIFT CARD

A restricted monetary equivalent or scrip that is issued by retailers or banks to be used as an alternative to a nonmonetary gift.

GOLD

Any article or product with a gold content, without regard to the fineness thereof.

ITINERANT BUSINESS

Any business conducted intermittently within the Borough of Wharton or at varying locations.

MINOR

Any person under the age of 18 years.

OTHER METALS

Any item made of aluminum, copper, magnesium or other ferrous metals.

PERSON

Any individual natural person, partnership, joint venture, business, society, associate, club, trustee, trust, corporation, or unincorporated group, or an officer, agent, employee, servant, factor or any form of personal representative of any thereof, in any capacity, acting for self or on behalf of another.

POLICE CHIEF

The Police Chief of the Borough of Wharton or his designee/representative.

PRECIOUS OR SEMIPRECIOUS GEM

Comprised of gold, silver, sterling, platinum and/or their alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq., and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and all forms of jewelry herein contained; not limited to those categories known as "diamonds, rubies, pearls and sapphires" and commonly called a "jewel."

PUBLIC

Individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.

PURCHASE

Includes any exchange of gold, silver, precious or semiprecious metals or gems or jewelry, other metals, or secondhand goods, as defined in this chapter, for anything of value. A purchase or payment need not be made by way of money in order to constitute purchase for the purposes of this chapter. For purposes of this chapter, a purchase may include an exchange, deposit, pledge, conveyance or trade of any tangible or intangible article.

REGULATED ACTIVITY

The purchase of any used item as defined in § 227-1A, B and C.

REPORTABLE TRANSACTION

Every transaction conducted by a dealer in which precious metals, or other tangible property, are purchased or exchanged from or with the public.

SECONDHAND GOODS

Any article previously sold, acquired, exchanged, conveyed, traded or otherwise formerly owned, including but not limited to scrap gold, old gold, silver, jewelry, home electronics/audio and visual equipment, musical instruments, computers, computer hardware and software, typewriters, word processors, scanners, sporting goods of all kinds, antiques, platinum, all other precious metals, tools of all kinds, televisions, DVRs, GPS, camcorders, car stereos, gift cards, cellphones, collectibles (for example, stamps, coins, comic books, sports memorabilia), other valuable articles or as listed in Appendix I.

SELLER

Any person, partnership or corporation who or which, through any means, sells, transfers or offers by consignment gold, silver, precious or semiprecious metals or gems or jewelry or other metals as defined in this chapter.

SILVER

Any article or product with a silver content, without regard to the fineness thereof.

TRANSIENT BUYER

A dealer who has not been in any retail business continuously for at least six months at that address in the municipality where the dealer is required to register or who intends to close out or discontinue all retail business in the Borough of Wharton within six months. The term "transient buyer" will also include a dealer who intends to close out or discontinue all retail business in the Borough of Wharton within six months, or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1. Vendors doing business during a community event sponsored or sanctioned by the Borough of Wharton shall not be considered "transient buyers" for purposes of this chapter.

USED ITEM CONTAINING GOLD OR SILVER

Any item containing gold or silver previously sold, traded or transferred to a consumer for the personal use or enjoyment of such consumer.