Definitions.
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. As used in this chapter,
the following terms shall have the meanings indicated:
ACCEPTABLE IDENTIFICATION
Acceptable 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 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 Barnegat 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 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."
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 as so defined in N.J.S.A. 51:6-1.
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 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 POLICE
The Chief of Police of the Township of Barnegat or his designee/representative.
DATABASE
A computerized internet capable database with hardware and
software compliant to, accessible by, and acceptable to the Chief
of Police.
DEALER
Any 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 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 Barnegat.
GARAGE SALE
Includes 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.
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.
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.
MINOR
Any person under the age of 18 years.
PAWNBROKER
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than chooses
in action, securities, or printed evidence 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.
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.
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.
PLEDGE
An article or articles deposited with a pawnbroker in the
course of business.
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 "Pledger" means the disclosed principal.
PRECIOUS METALS
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.
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.
PURCHASE
The exchange of money and the exchange, deposit, pledge,
sale, conveyance or trade of any tangible or intangible article.
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 DEALER OR DEALER IN SECOND-HAND 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 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 the 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 second-hand
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 second
hand 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 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; 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.
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 Township of Barnegat within
six months. Or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.