The purpose of this chapter is to:
A.
Implement the New Jersey Pawnbroking Law;
B.
Establish procedures for the licensing and operation of pawnbrokers
and dealers of secondhand goods, in accordance with the Pawnbroking
Law, through the implementation of a standard body of uniform policies
and recordkeeping requirements to which each business governed by
this chapter shall abide;
C.
Allow local, regional and state law enforcement authorities to track,
monitor and share information regarding secondhand merchandise bought,
sold and exchanged, including monies lent through pawnbrokers doing
business in the Township of Winslow;
D.
Facilitate the prevention of fraud, impositions and other abuses
upon our citizens; and
E.
Ensure the difficulty of disposing of stolen property and aid in
the recovery of stolen property.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
One or more old and valuable art object or item no longer
in production that is at least fifty (50) years old. As used in this
chapter, the terms "antique" or "antiques" shall also mean "primitives."
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 Winslow for the purpose of
purchasing, trading or dealing in antiques or primitives and who derives
seventy-five percent (75%) of his or her gross sales from the sale
of antiques or primitives.
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 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.
The sale of used personal property by the lawful residents of a residentially zoned property that is not conducted on a periodic or ongoing basis. For purposes of this chapter, a garage sale shall be deemed to be periodic or ongoing if a garage sale is held by the lawful resident of residentially zoned property more than four (4) times in any consecutive twelve-month period or more than two (2) consecutive days at any one time. The term "garage sale" shall mean and shall be interchangeable with the term "yard sale" as defined in Section 291-2 of the Winslow Township Code and nothing herein shall be construed as a waiver of the yard sale licensing requirements set forth in Chapter 291, entitled "Yard Sales."
[Amended 7-15-14 by Ord. No. O-2014-018]
When a person's mental state or physical functioning is substantially
impaired as a result of the use of alcohol or drugs.
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 Pawnbroking Law.
Notwithstanding anything stated herein with respect to pawnbrokers,
a minor is a person who has not yet attained eighteen (18) years of
age.
Any person, partnership, firm, association, corporation or
other business entity lending money on deposit or pledge of personal
property, other than choses in action, securities or printed evidences
of indebtedness; or 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 Pawnbroking
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.
A human being or individual which is not a business entity.
For purposes of this chapter, the term "person" shall also include
a human being or individual operating a business as a sole proprietorship.
As defined in N.J.S.A. 51:6A-5, gold, silver platinum, palladium
and alloys thereof.
An article or articles deposited with a pawnbroker in the
course of his business.
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 event "pledgor" means the disclosed principal.
Any person, partnership, firm, association, corporation or
other business entity, or joint venture, trustee or court-appointed
representative, or any 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 thirty-five
percent (35%) of its gross receipts from the sale, consignment for
sale 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 "consignment shops," "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 term "secondhand dealer" shall not
include businesses which are commonly referred to as "pawnshops" or
are recognized as such under the Pawnbroking Law. The fact that any
business does any of the following acts shall be deemed prima facie
proof that said business is a secondhand dealership:
Advertises in any fashion that it buys or sells secondhand or
used items, including but not limited to advertising via any form
of traditional media, internet, telephone listings and/or signs or
postings, whether such advertisement is posted on the exterior or
interior of the business; or
Devotes a significant segment or section of the business premises
to the purchase or sale of secondhand or used items.
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.
Secondhand Watches. A watch shall be deemed to be second-hand
if:
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 (5) 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;
Its case, serial numbers or movement numbers or other distinguishing
numbers or identification marks shall be erased, defaced, removed,
altered or covered; or
If its movement is more than five (5) 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 recasing
the movement in a new case shall not be deemed watch repair for the
purposes of this chapter.
A.
Any person operating as a pawnshop, pawnbroker or secondhand dealer
shall comply with all applicable local, State and Federal laws and
regulations that govern same. Specifically, and without limitation,
all pawnshop operators or pawnbrokers shall comply with the Pawnbroking
Law and any business that deals in the purchase of precious metals
shall comply with the laws set forth in N.J.S.A. 51:6A-1. Nothing
in this Chapter shall be construed as a waiver of any licensing, zoning,
site plan or subdivision requirements as may otherwise be required
by the Code of the Township of Winslow.
B.
Notwithstanding anything in Chapter 171 ("Licensed Occupations") to the contrary, except where otherwise stated in this chapter, the provisions of this chapter shall govern pawnbrokers, pawnbroking 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 Winslow that any conflict between this chapter and Chapter 171 of the Code of the Township of Winslow, entitled "Licensed Occupations," be resolved in favor of this chapter.
A.
Daily reporting to township police.
(1)
All pawnbrokers or dealers in secondhand goods, in addition to keeping
a proper record of the deposit and redemption of all goods and pledges
as otherwise required in this chapter, shall, each day, except Sunday,
before eleven o'clock in the forenoon (11:00 a.m.), deliver to the
Chief of Police of the Winslow Township Police Department, a legible
and correct transcript from the book or books in which said pawnbroker
or dealer keeps his record of the deposit or redemption of goods and
pledges, showing the description of each article or thing received
by him during the business day immediately preceding the filing of
the report, together with the amount of money loaned thereon, and
a description of the person making the pledge. In the case of business
done on Saturday, such report shall be delivered to the Chief of Police
before 11:00 a.m. of the succeeding Monday.
(2)
The information required by this section shall be reported to the Chief of Police via a reputable internet-based company selected by the Chief of Police. Any fees associated with the use of such internet-based filings shall be the responsibility of the pawnbroker and/or dealer in second hand goods. The failure of any pawnbroker or dealer in second hand goods to pay the required fees and/or maintain said electronic account registration shall be cause for revocation of any license issued pursuant to this chapter in the manner set forth in § 192-9 and/or § 192-22B, as applicable.
[Amended 7-15-14 by Ord. No. O-2014-018]
(3)
Any pawnbroker or dealer in secondhand goods who fails to comply
with the provisions of this section shall forfeit and pay to the township
a fine or penalty of one hundred dollars ($100.) for each and every
offense.
B.
Investigation by and cooperation with authorities. Any person or business entity licensed as a pawnbroker in accordance with the Pawnbroking Law and this chapter shall make available for inspection by the Department of Banking and Insurance all pledged and purchased items, including those items which the licensee has acquired as a result of a sale of unredeemed pledges. A licensee also shall allow inspection by all law enforcement authorities of all pledged and purchased items upon reasonable suspicion that one of the items listed in the report filed pursuant to § 192-4A is stolen or other evidence of a crime. If a licensee fails to file the report required by § 192-4A, law enforcement authorities may inspect all pledged and purchased items, including those which the licensee has acquired as a result of unredeemed pledges.
