As used
in this chapter, the following terms shall have the meanings indicated:
ACCEPTABLE IDENTIFICATION
A current valid New Jersey driver's license or identification
card, a current valid photo driver's license issued by another U.S.
state, a valid United States passport, or other verifiable U.S. government-issued
identification, which will be recorded on the receipt retained by
the dealer and subsequently forwarded to the local police department
on request.
ANTIQUE or ANTIQUES
One 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."
[Added 12-11-2023 by Ord. No. 2023-42]
ANTIQUE DEALER
Any person, partnership, firm, association or corporation,
other than a licensed pawnbroker or licensed secondhand dealer, having
a place of business in the Township of Stafford for the purpose of
purchasing, trading or dealing in antiques or primitives and who derive
75% of his or her gross sales from the sale of antiques or primitives.
[Added 12-11-2023 by Ord. No. 2023-42]
APPLICABLY REQUIRED COMPUTER EQUIPMENT
Any computer equipment, peripherals or other electronic equipment
and/or components required to access, input information into or query
the electronic database system designated by the Chief of Police.
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. And so defined in N.J.S.A. 51:6-1.
[Added 12-11-2023 by Ord. No. 2023-42]
BUSINESS ENTITY
Any 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 businesses
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.
[Added 12-11-2023 by Ord. No. 2023-42]
CHIEF OF POLICE
The Chief of Police of the Township of Stafford or his designee/representative.
[Added 12-11-2023 by Ord. No. 2023-42]
DATABASE
A computerized internet capable database with hardware and
software compliant to, accessible by, and acceptable to the Chief
of Police.
[Added 12-11-2023 by Ord. No. 2023-42]
DEALER
Any person, partnership, limited liability company, corporation,
or other entity who, either wholly or in part, engages in or operates
any of the following trades or businesses: the buying for purposes
of resale of precious metals, jewelry, or other secondhand goods as
defined herein; pawnbrokers as defined herein; itinerant businesses
as defined herein. For the purposes of this chapter, transient buyers,
as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
DESIGNATED VENDOR
A 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 Stafford.
[Added 12-11-2023 by Ord. No. 2023-42]
GIFT CARD
A restricted monetary equivalent or script that is issued
by retailers or banks to be used as an alternative to a non-monetary
gift.
[Added 12-11-2023 by Ord. No. 2023-42]
ITINERANT BUSINESS
A dealer who conducts business intermittently within the
municipality or at varying locations.
LICENSEE
Any 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 Pawn Broking Law.
[Added 12-11-2023 by Ord. No. 2023-42]
MINOR
Any person under the age of 18 years.
[Added 12-11-2023 by Ord. No. 2023-42]
MUNICIPAL CLERK
The statutory officer whose duties are defined in N.J.S.A.
40A:9-133 and may refer to the duly appointed clerk of the "city,"
"town," "township," "village," or "borough."
PAWNBROKER
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than choses
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 warehousemen and lending
money on goods, wares or merchandise pledged or deposited as collateral
security.
PAWN BROKING LAW
The 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 pawn shop
businesses and pawnbrokers operating within the State of New Jersey.
[Added 12-11-2023 by Ord. No. 2023-42]
PERSON
Any 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.
[Added 12-11-2023 by Ord. No. 2023-42]
PLEDGE
An article or articles deposited with a pawnbroker in the
course of business.
[Added 12-11-2023 by Ord. No. 2023-42]
PLEDGOR
A 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.
[Added 12-11-2023 by Ord. No. 2023-42]
PRECIOUS METALS
Gold, silver, platinum, palladium, and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq. and/or N.J.S.A.
51:6A-1 et seq.; gems, gemstone, coins and all forms of jewelry herein
contained.
[Amended 12-11-2023 by Ord. No. 2023-42]
PUBLIC
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
PURCHASE
Not only the exchange of money for precious metals, but the
exchange or trading of any other tangible or intangible property for
precious metals. The exchange of money and the exchange, deposit,
pledge, sale, conveyance or trade of any tangible or intangible article.
[Added 12-11-2023 by Ord. No. 2023-42]
REPORTABLE TRANSACTION
Every transaction conducted between a dealer and a member
of the public in which precious metals, jewelry, or any other secondhand
goods as defined herein are purchased or pawned.
SECONDHAND DEALER or DEALER IN SECONDHAND GOODS
As 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 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:
[Added 12-11-2023 by Ord.
No. 2023-42]
(1)
Advertises in any fashion that it buys or sells secondhand or
used items. Such advertisements shall include, but 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 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 Ocean County
Prosecutor or 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; or
(c)
If its movement is more than five years old and has been repaired
by any person or persons, including the vendor, notwithstanding that
it may have been returned either through an exchange or for credit
to said original vendor. Cleaning and oiling a watch movement or recasting
the movement in a new case shall not be deemed watch repair for the
purposes of this chapter.
SECONDHAND GOODS
Used goods such as antiques, gold, silver, platinum, or other
precious metals, jewelry, coins, gemstones, gift cards, any tools,
telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For the purposes of this chapter, "secondhand goods" shall
not include goods transacted in the following manner:
(1)
Judicial sales or sales by executors or administrators;
(2)
Occasional or auction sales of household goods sold from private
homes;
(4)
The occasional sale, purchase, or exchange of coins or stamps
by a person at his permanent residence or in any municipally owned
building who is engaged in the hobby of collecting coins or stamps
and who does not solicit the sale, purchase, or exchange of such coins
or stamps to or from the general public by billboard, sign, handbill,
newspaper, magazine, radio, television, or other form of printed or
electronic advertising.
SELLER
A member of the public who sells or pawns used goods such
as precious metal, jewelry, or other secondhand goods to a dealer.
TRANSIENT BUYER
[Amended 12-11-2023 by Ord. No. 2023-42]
(1)
A dealer as defined herein, who has not been in a registered
retail business continuously for at least six months at any address
in the municipality where the dealer is required to register or who
intends to close out or discontinue all retail business within six
months. Or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
(2)
Any licensee operating as a pawnshop or pawnbroker shall comply
with all applicable state and federal laws and regulations that govern
the same. Specifically, businesses dealing in the purchasing of precious
metals will comply with the laws outlined in N.J.S.A. 51:6A-1.
(3)
Notwithstanding anything in Chapter
134 ("Licensing") to the contrary, except where otherwise stated in this chapter, the provisions of this chapter shall govern pawnbrokers, pawn broking activities, dealers in secondhand goods and precious metal dealers with respect to the issuance, term, renewal and effect of licenses issued pursuant to this chapter and the violations and penalties set forth in this chapter. It is the express intent of the Township of Stafford that any conflict between this chapter and Chapter
134 of the Code of the Township of Stafford, entitled "Licensing," be resolved in favor of this chapter.