Township of Lopatcong, NJ Secondhand Dealers, Pawn and Consignment

The act of consigning, which is placing a person or thing in the hand of another, but retaining ownership until the goods are sold or person is transferred.

CONSIGNMENT SHOP

A store that sells secondhand items on behalf of the original owner, who receives a percentage of the selling price.

JEWELRY

Includes gold, platinum, silver, gold-filled or plated ware, diamonds and other precious or semiprecious stones whether mounted or unmounted, cultured pearls, and watches, clocks and goods, wares and merchandise commonly classified as jewelry and commonly offered for sale in jewelry stores.

PAWNBROKER

A person who is engaged in the business of advancing money on the security of pledged goods or who is engaged in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed or variable price within a fixed or variable period of time.

PAWNSHOP

A location or premises at which a pawnbroker regularly conducts the pawnbroker's business.

SECONDHAND DEALER

Every person engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares, merchandise or other articles, including:

(1)

Coins, gems or semiprecious stones, jewelry, precious metals purchased from any person other than the original manufacturer or authorized distributor selling the same for money, credit or exchange, digital video discs, and all goods and articles that bear a serial number or owner applied number regardless of value; and

(2)

All secondhand goods, wares, merchandise, or other articles that have a fair market value in excess of $100.

The term defined in Subsection A includes:

(1)

Every person engaged in the described business whether such business be the principal or sole business so carried on, managed or conducted, or be merely incidental to, in connection with or a branch or department of, some other business; and

(2)

Any person or entity that conducts such activities at a location that is not that person's or entity's actual business address, such as a hotel, meeting hall, convention center, or other short-term leased or rented location.

The term secondhand dealer shall include pawn brokers, pawn shops and consignment shops or anyone else who sells items on consignment.

The term "secondhand dealer" does not include organizations that are recognized as not-for-profit under the laws of this state or any other state, dealer-to-dealer transactions, or individuals or businesses conducting estate sales.

§ 176-2 Registration.

All secondhand dealers shall be required to register with the Clerk of the Township of Lopatcong by January 30 each year.

§ 176-3 Goods to be kept without concealment.

Every dealer in secondhand goods must keep, without concealment, for a period of 15 business days, subject to inspection by any police officer, all goods, wares and merchandise, except papers and rags purchased or received from any person, before selling, shipping or otherwise disposing of the same unless the item(s) has (have) been sooner inspected by the Chief of Police or his/her designee and the dealer receives written approval for such selling, shipping or disposal.

Property being held pursuant to this section shall be kept in the dealer's place of business and shall be kept separate and distinct from all other property or merchandise in the dealer's place of business.

§ 176-4 Reporting of receipt of articles to police.

Pursuant to N.J.S.A. 45:22-34, all secondhand dealers, or any employee or agent thereof, shall make and deliver to the Chief of Police by 11:00 a.m. each day, except Sunday, a true, complete, and accurate report of the goods, wares, merchandise, or other articles received by the secondhand dealer on deposit or by purchase, trade or consignment.

§ 176-5 Contents of report to police; record of transactions.

The report required by § 176-4 shall include the following:

(1)

The first and last name, permanent address and telephone number of the seller/consignor;

(2)

The physical description of the seller/consignor including date of birth;

(3)

The number and type of the identification document presented by the seller/consignor;

(4)

An accurate, legible description of each item sold or consigned;

(5)

The dealer's name address and the initials or identifying number of the employee who received the item;

(6)

The date and time of the initial transaction;

(7)

The type of transaction (i.e. sale, pawn, consignment); and

(8)

Amount loaned or paid in the transaction.

All dealers shall keep a permanent record at their place of business, in which a complete record of all transactions required to be reported under this chapter for a period of two years from the date of the transaction. The record of transactions required by this section shall be available for inspection by the Chief of Police or his designated representative during normal business hours.

§ 176-6 Police Department hold on property.

Whenever there exists probable cause to believe that property in the possession of a secondhand dealer or other person is stolen, a police officer or person so designated by the Chief of Police may place a hold on the property for a period up to 30 days. When a police officer or other designee places a hold on the property, the police officer or designee shall initiate such hold by contacting the dealer in person or by telephone and informing the dealer of the hold and describing the item or items to be held. Within three days of the initial contact, the police officer or designee shall deliver or mail to the dealer a written notice of the hold. The written notice shall include a description of the item or items to be held.

§ 176-7 Inspection of items.

At all times during the terms of the license, the dealer must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities, during normal business hours for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records to verify compliance with this chapter and other applicable laws.

§ 176-8 Violations and penalties.

Any person who shall violate this chapter or any of its provisions shall, upon conviction thereof, be subject to any one or more of the following: a fine not exceeding $100. Each and every item handled in violation of this chapter shall be considered a separate offense.