Definitions.
ACCEPTABLE IDENTIFICATIONAcceptable forms of identification include a current valid New Jersey driver's license or identification card, a current valid photo driver's license issued by another US state, a valid United States passport, or other verifiable US government-issued identification.
ANTIQUE DEALERAny person, partnership, firm, association or corporation, other than a licensed pawnbroker or licensed secondhand dealer, having a place of business in the Township of Lacey for the purpose of purchasing, trading or dealing in antiques or primitives and who derives 75% of his or her gross sales from the sale of antiques or primitives.
ANTIQUE or ANTIQUESOne or more old and valuable art object or item no longer in production that is at least 50 years old. As used in this chapter, the terms "antique" or "antiques" shall also mean "primitives."
ARTICLEAny 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; and as so defined in N.J.S.A. 51:6-1.
BUSINESS ENTITYAny and all forms of business organization operating pursuant to law, including but not limited to entities designated and/or operating as a partnership, limited-liability company, corporation, "S" corporation, association or firm. For purposes of this chapter, the term "business entity" includes a foreign business or business formed under the laws of another state which business is authorized by the State of New Jersey Division of Revenue to conduct business within this state and, at all times relevant to this chapter, is in good standing with the New Jersey Division of Revenue. Foreign businesses include all forms of business entity recognized in the foreign jurisdiction, including any form of business entity not otherwise recognized by the laws of the State of New Jersey, such as, without limitation, a limited-liability partnership.
CHIEF OF POLICEThe Chief of Police of the Township of Lacey or his designee/representative.
DATABASEA computerized internet-capable database with hardware and software compliant to, accessible by, and acceptable to the Chief of Police.
DEALERAny person, partnership, corporation, or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys or sells or otherwise exchanges or trades secondhand gold, silver, precious metals, gems, or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.
DESIGNATED VENDORA person or entity who is appointed or designated by the Chief of Police who is authorized to collect and maintain precious metal transaction information or other purchase information as defined herein for the Township of Lacey.
GARAGE SALEIncludes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale," "auction sale" or "yard sale" or any similar casual sale of used tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale; as defined in Lacey Township Code Chapter
191 titled "Garage and Other Casual Sales."
GIFT CARDA restricted monetary equivalent or script that is issued by retailers or banks to be used as an alternative to a nonmonetary gift.
LICENSEEAny person or business entity granted a license pursuant to this chapter and/or granted a license by the Department of Banking and Insurance in accordance with the Pawnbroking Law.
MINORAny person under the age of 18 years.
PAWN BROKING LAWThe New Jersey statute and implementing regulations, N.J.S.A. 45:22-1 et seq. and N.J.A.C. 3:16-1.1 et seq., respectively, and any and all amendments thereto, which govern and regulate pawnshop businesses and pawnbrokers operating within the State of New Jersey.
PAWNBROKERAny person, partnership, association or corporation lending money on deposit or pledge of personal property, other than chooses in action, securities, or printed evidences of indebtedness; purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehouseman and lending money on goods, wares, or merchandise pledged or deposited as collateral security. For purposes of this chapter, the term "pawnbroker" shall include any secondhand dealer who also operates as a pawnbroker or undertakes any action or conduct which includes the business of a pawnbroker as defined in the Pawnbroker Law.
PERSONAny individual which is not a business entity. For purposes of this chapter, the term "person" shall also include an individual operating a business as a sole proprietorship.
PLEDGEAn article or articles deposited with a pawnbroker in the course of business.
PLEDGORA person who delivers the pledge into the possession of a pawnbroker, unless such person discloses that he is or was acting for another, and in such an event "pledgor" means the disclosed principal.
PRECIOUS METALSComprised 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.
PURCHASENot only the exchange of money for precious metals, but the exchange or trading of any other tangible or intangible property for precious metals.
PURCHASEThe exchange of money and the exchange, deposit, pledge, sale, conveyance or trade of any tangible or intangible article.
REPORTABLE TRANSACTIONEvery transaction conducted by a dealer in which precious metals, or other tangible property, are purchased or exchanged from or with the public.
SECONDHAND DEALER or DEALER IN SECONDHAND GOODSAs used in this chapter, any person, partnership, corporation, association, joint venture, trustee, court-appointed representative or agent thereof which operates a business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, coins or any precious metals which may have been previously owned by a consumer or which derives more than 35% of its gross receipts from the sale, consignment for sale, pledge or trade of any goods, wares or merchandise which have previously been owned by a consumer, including but not limited to furniture, appliances, consumer electronic goods, clothing, automobile accessories, books, magazines, athletic cards and memorabilia or precious metals, whether in bulk or manufactured state. The term "secondhand dealer" shall include businesses commonly known as "pawnbrokers," "trading posts," "swap shop operators," "stamp dealers," "coin dealers," "jewelers" and "auction houses" that purchase and resell items from persons other than dealers and suppliers. The fact that any business does any of the following acts shall be prima facie proof that said business is a secondhand dealership:
(1) Advertises in any fashion that it buys or sells secondhand or used items. Such advertisements shall include, but are not limited to, media advertisements, telephone listings, and signs, whether on the exterior or interior of the business.
(2) Devotes a significant segment or section of the business premises to the purchase or sale of secondhand or used items.
(3) Secondhand goods. Goods which have been previously owned, worn or used by a consumer and/or that are not new. For purposes of this chapter, the term "secondhand goods" shall include "secondhand watches" except where the context clearly indicates to the contrary.
(4) Secondhand watches. A watch shall be deemed to be secondhand if:
(a) It as a whole or the case thereof or the movement thereof has been previously sold to or acquired by any person who bought or acquired the same for his use or the use of another, but not for resale; provided, however, that a watch which has been so sold or acquired and is thereafter returned either through an exchange or for credit to the original individual, firm, partnership, association or corporation who sold or passed title to such watch, shall not be deemed to be a secondhand watch for the purposes of this chapter if such vendor shall keep a written or printed record setting forth the name of the purchaser thereof, the date of the sale or transfer thereof, and the serial number (if any) on the case and the movement, and any other distinguishing numbers or identification marks, which said record shall be kept for at least five years from the date of such sale or transfer and shall be open for inspection during all business hours by the Camden County Prosecutor or the Prosecutor's duly appointed representative;
(b) Its case, serial numbers or movement numbers or other distinguishing numbers or identification marks shall be erased, defaced, removed, altered or covered.
TRANSIENT BUYERA 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 Township of Lacey within six months or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.