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BY-LAW # 854-07
A BY-LAW RESPECTING PAWNBROKERS & SECOND-HAND DEALERS
IN THE TOWN OF SUSSEX
The Council of the Town of Sussex, under authority vested in it by Section 165,
166 & 167 of the Municipalities Act, R.S.N.B. 1973, c.M-22 and amendments
thereto, enacts as follows:
I. TITLE
(a) This by-law may be cited as the “Pawnbrokers and Second-Hand
Dealers By-Law”.
(b) The provisions of this by-law apply to the entire area within the
Town limits of the Town of Sussex.
II. DEFINITIONS
In this by-law,
(a) “Building Inspector” means an officer appointed by Council as
Building Inspector;
(b) “Clerk” means the Clerk of the Town of Sussex;
(c) “Council” means the Council of the Town of Sussex;
(d) “estate sales” means goods acquired as antiques from a public
auction from an unrelated business involved in the sale of used
goods, or from a private residence;
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(e) “goods” means all second-hand, resold, used, discarded or surplus
bicycles; collector cards; coins; compact discs; computers; computer
accessories, including monitors, printers and fax modems; computer
games; computer software, including cartridges and discs; computer
hardware; electronic equipment; fur coats, fur stoles, glass, ceramic,
china, stone, or metal figurines; jewellery; coins, medals and other
precious metals for the purposes of smelting; leather jackets; musical
instruments; photographic equipment; pre-recorded audio tapes; pre-
recorded videotapes; radios; sports equipment; stereos; telephones;
television sets; tools; video games; video game systems; video laser
discs; watches; and all articles of every other description, but does
not include bottles, furniture, books or clothing other than set out
above;
(f) “identification” means any one or more of the following provided it is
integrated with a picture or signature of the bearer;
(1) valid driver’s license issued by a Canadian province or
territory;
(2) provincial identity card;
(3) passport issued by the government of origin;
(4) Certificate of Indian Status issued by the Government of
Canada;
(5) Certificate of Canadian Citizenship issued by the Government of
Canada;
(6) conditional release card issued by Correctional Services
Canada;
(7) provincial health insurance card issued by the Canadian
provincial government of origin;
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(8) identification cards issued by a member institution of the
Association of Universities and Colleges of Canada;
(9) employee identification cards issued by the Government of
Canada or the Canadian provincial government or municipal
government of origin;
(g) “license” means the actual license issued under this by-law and
includes a renewal thereof;
(h) “licensed premises” means the premises where the licensee carries on
the licensed business;
(i) “municipality” means the Town of Sussex;
(j) “pawnbroker” means any person who engages in the business of
granting consumer credit and who takes a security interest in the
form of a pledge of goods to secure credit or who purchases goods
under an agreement or undertaking that those goods may be
afterward repurchased or redeemed on terms, but does not include
banks, trust companies, credit unions, caisse populaires, and other
similar institutions;
(k) “pawnshop” means a building or part of a building, booth, stall,
warehouse, yard or other premises in which goods are stored,
displayed or kept pending resale or delivery to another person;
(l) “peace officer” means a police officer as defined in the Police Act,
S.N.B. 1977, c. P-9.2 or a member of the Royal Canadian Mounted
Police;
(m) “person” in relation to licensee, includes not only an individual, but
also a partnership and body corporate and any association and the
heirs, executors, administrators, successors and assigns or other
legal representatives thereof to whom the context may apply;
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(n) “purchase” includes buy, barter, deal in, take in exchange, take in
part payment, or receive on consignment; “purchasing” and
“purchased” shall be construed accordingly;
(o) “receiving”, “receipt”, or “received” is deemed to include “receiving in
pledge”;
(p) “register” means the pawnbrokers’ register referred to in section III (i)
of this by-law and/or the second-hand dealers’ register referred to in
section IV (i) of this by-law;
(q) “second-hand dealer” means:
(1) every person carrying on the trade or business of purchasing or
selling any good as defined by this by-law, or who keeps a
shop or other such place of business for the purpose of carrying
on such trade or business;
(2) every person who, while licensed or required to obtain a license
for any business, occupation or calling other than business
referred to in this by-law, purchases or stores, either as
principal or agent, any second-hand goods, wares or
merchandise;
but does not include a person who only buys or sells second-hand
bottles, books, furniture or clothing other than leather jackets, fur
coats, or fur stoles; and does not include a person who only buys
goods at auctions, or estate sales;
(r) “seller” means any person who owns a good, which shall include a
pawn, and sells, offers for sale or offers in exchange such a good to a
pawnbroker or second-hand dealer;
(s) “taking in exchange” is deemed to include “receiving in pledge”;
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(t) “transaction” includes purchase or receipt by a pawnbroker;
(u) “transaction record” means any document related to the purchase or
taking in exchange of any good; and
(v) “Treasurer” means the Treasurer of the Town of Sussex.
III. PAWNBROKER STIPULATIONS
(i) Every pawnbroker shall keep a record of all goods other than bottles,
furniture, books or clothing purchased or otherwise received by such
dealer. This record shall be legibly written in ink, or electronically
entered, and shall be made at the time of purchase in a book known
as the pawnbrokers’ register. This record shall include the following
particulars:
(1) a full and complete description, including the make, model and
serial number of any goods pawned or received;
(2) the credit extended for goods;
(3) the precise date and hour of receipt of goods, and a receipt
number recognizing the transaction;
(4) the name, residence or street address;
(5) confirmation of the identity, including name, residential
address, and signature of the person from whom the goods
were received, proof of identification, including any
identification number and name of the authority who issued it;
the proof of identification required should include a picture
identification that is integrated with information such as the
name, date of birth, and address of the bearer or so much
thereof as may be available;
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(6) identification and one non-picture identification that includes
the name, date of birth, and address of the bearer;
(7) at the time a borrower deposits or delivers any personal
property as security for a loan, the pawnbroker shall, without
requiring or accepting any fee or change for so doing, give to
the borrower a copy of a note or memorandum signed by the
pawnbroker containing a summary of the information which is
required to be inserted in the record pursuant to section III. (i);
and
(8) the pawnbroker shall conform to the requirements in section III
(ii) through the use of Schedule “A”, the standard transaction
record from provided by the municipality for the pawnbrokers’
register or any other transaction record form containing the
requirements mentioned hitherto.
(ii) Every pawnbroker shall, at all reasonable times during business
hours, produce the pawnbrokers’ register for the inspection of any
peace officer. The register may be removed at any time by any peace
officer for inspection at the headquarters of the police force of this
municipality. Immediately upon return of a register to the dealer, the
dealer shall enter therein, in proper sequence, each and every
transaction involving the receipt of goods made during the absence of
the register. The register shall not be held for a period longer than 72
hours unless proceedings in respect of an offence have been
commenced in which case the record may be kept until the
proceedings have been concluded.
(iii) No pawnbroker shall permit any entry made in a register to be
erased, obliterated or defaced, or permit any page or other portion of
a register to be cut out or removed.
(iv) No person, while licensed as a pawnbroker, shall carry on a
pawnbroker business except at the place designated in the license.
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(v) If a person licensed as a pawnbroker moves the business from the
place designated in the license, that person shall immediately provide
notification in writing to the Clerk, who shall alter the license
accordingly.
(vi) No pawnbroker shall receive in the way of business any goods where
the serial number or other identifiable marking has been tampered
with or removed.
(vii) No pawnbroker shall receive in the way of business any goods from
any person:
(1) under the age of 18 years, unless the individual has provided
to the pawnbroker a written permission to sell or pawn goods
executed by a parent or guardian;
(2) under the age of 18 years, unless the individual has provided
to the pawnbroker a written permission to sell or pawn goods
executed by a parent or guardian;
(3) who is or who appears to be under the influence of alcohol or
drugs; or
(4) failing to identify himself as set out in section III. (i).
(viii) Upon demand by a peace officer, a pawnbroker shall present for view
to that person any and every good demanded that has come into
possession of the pawnbroker in the course of business.
(ix) Every pawnbroker who is also licensed to carry on business as a
second-hand dealer shall keep all goods purchased or received in the
course of doing business as a pawnbroker physically separate from
goods purchased as a second-hand dealer, and shall ensure that all
goods are clearly and individually tagged to indicate whether they
were received or purchased or left in pawn.
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(x) A pawnbroker shall not sell any property which he has received as
security for a loan before the later of the redemption date of the pawn
or 30 days from the date the borrower pawned the property.
IV. SECOND-HAND DEALERS
(i) Every second-hand dealer shall keep a record of all goods other than
bottles, furniture, books or clothing purchased or otherwise received
by the dealer. This record shall be legibly written in ink, or
electronically entered, and shall be made at the time of purchase in a
book known as the second-hand dealers’ register. This record shall
include the following particulars:
(1) a full and complete description, including the make, model and
serial number, of any goods purchased or received;
(2) the price paid for the goods;
(3) the precise date and hour of purchasing or receiving the goods;
(4) the name, residence or street address of the person from whom
the goods were purchased or received; and
(5) confirmation of the identity, including name, residential
address and signature, of the person from whom the goods
were purchased or received by way of identification including a
complete description of the identification and name of the
authority who issued it.
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(ii) Every second-hand dealer shall, at all reasonable times during
business hours, produce the second-hand dealers’ register for the
inspection of any peace officer. The register may be removed at any
time by any peace officer for inspection at the headquarters of the
police force of the municipality. Immediately upon return of a
register to the dealer the dealer shall enter therein, in proper
sequence, each and every transaction involving the purchase of goods
made during the absence of the register. The register shall not be
held for a period of longer than 72 hours unless proceedings in
respect of an offence have been commenced in which case the goods
or record may be kept until the proceedings have been concluded.
(iii) No second-hand dealer shall permit any entry made in a register to
be erased, obliterated or defaced, or permit any page or other portion
of a register to be cut or removed.
(iv) No person, while licensed as a second-hand dealer, shall carry on
business as a pawnbroker unless such person has also taken out a
license as a pawnbroker.
(v) No person licensed as a second-hand dealer shall carry on business
except at the place designated in the license.
(vi) If a person licensed as a second-hand dealer moves the business from
the place designated in the license, that person shall immediately
provide notification in writing to the Clerk, who shall alter the license
accordingly.
(vii) No second-hand dealer shall purchase or receive in the way of
business any goods where the serial number or other identifiable
marking has been tampered with or removed.
(viii) No second-hand dealer shall purchase or receive in the way of
business any goods from any person:
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(1) under the age of 18 years, unless the individual has provided
to the second-hand dealer a written permission to sell or pawn
goods executed by a parent or guardian;
(2) who is or who appears to be under the influence of alcohol or
drugs; or
(3) who fails to identify himself as set out in section IV.
(ix) Upon demand by a peace officer, a second-hand dealer shall present
for view to that person any and every good demanded that has come
into possession of the dealer in the course of business where it
remains in his possession.
(x) Every second-hand dealer who is also licensed to carry on business
as a pawnbroker shall keep all goods purchased or received in the
course of doing business as a second-hand dealer physically separate
from goods left in pawn, and shall ensure that all goods are clearly
and individually tagged to indicate whether they were received or
purchased or left in pawn.
V. GENERAL PROVISIONS
(i) (1) No person shall carry on the business of a pawnbroker, or own
or operate a pawnshop in this municipality, unless he is the
holder of a valid pawnbroker’s license issued under this by-
law.
(2) No person shall carry on the business of a second-hand dealer,
or own or operate a second-hand shop in this municipality,
unless he is the holder of a valid second-hand dealer’s license
issued under this by-law.
(ii) (1) A separate license shall be taken out for each pawnshop or
second-hand shop in which the person who owns or operates a
pawnshop carries on his business.
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(2) Notwithstanding section V. (ii) (1) no person shall require
separate licenses for a pawnshop and second-hand shop
operating immediately adjacent to each other. In this case, the
books and records of both businesses shall be maintained at
the same location.
(iii) Every license issued to a pawnbroker for each pawnshop shall state
the exact location of all the pawnshops and second-hand shops
operated by that pawnbroker.
(iv) Notwithstanding any other provision of this by-law, no license shall
be required by persons engaged in the sale of second-hand goods for
patriotic or charitable purposes.
(v) Notwithstanding any other provision of this by-law, no license shall
be required by an individual, a tenant association or a community
association that holds a sale of personal household effects that are
owned by the individual or by persons who are members of the
association.
(vi) On the application for a license, or renewal thereof, the applicant
shall:
(1) complete the application attached as Schedule “B” of this by-
law;
(2) furnish to the municipality such information as the
municipality may direct to be furnished;
(3) file the completed application with the Clerk; and
(4) pay a fee of one hundred dollars ($100.00) to the Clerk.
(vii) No license shall be issued, or renewed, pursuant to section V. (vi)
unless:
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(1) the applicant has completed the prescribed application forms;
(2) the shop complies with the zoning, building and property
standards requirements of the municipality; and
(3) the applicant has paid the one hundred dollar ($100.00) fee to
the Clerk.
(viii) Every license issued under this by-law shall expire on December 31 of
each year.
(ix) Every licensee shall ensure that all employees understand and
comply with the provisions of this by-law.
(x) Every licensee shall be responsible for the act or acts of any
employees in the carrying on of business of the pawnshop or second-
hand shop in the same manner and to the same extent as though the
act or acts were done by the licensee.
(xi) Every licensee shall post the license in a prominent position on the
licensed premise so as to be clearly visible to the public.
(xii) Subject to section III. (i) and (ii), every licensee shall keep on the
premises, where the business or trade is carried on, any register
required under this by-law that contains an entry that is less than 24
months old.
(xiii) No person shall vend pawned goods or second-hand goods on any
part of a road allowance or sidewalk.
(xiv) This by-law shall be enforced by the Building Inspector and/or peace
officer(s).
(xv) The Building Inspector and/or peace officer(s) is hereby authorized to
inspect:
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(1) as much of a place or premise as is used for the carrying on of
the business of a pawnshop or second-hand shop; and
(2) any goods, wares, merchandise, articles, records, books or
other documents of or relating to the pawnshop or second-hand
shop.
(xvi) No person shall obstruct, hinder or otherwise interfere with any of
the inspections referred to in section V. (xv).
VI. OFFENCES AND PENALTIES
(i) Every person who violates any of the provisions of this by-law, or
who suffers or permits any act or thing to be done in contravention or
in violation of any of the provisions of this by-law, or who neglects to
do or refrains from doing anything required to be done by way of the
provisions of this by-law, or who does any act which violates any of
the provisions of this by-law, and any director or officer of a
corporation who concurs in such contravention by the corporation,
commits an offence and shall be deemed to be guilty of an infraction
thereof.
(ii) Every second-hand dealer and pawnbroker shall at all reasonable
times permit any peace officer to enter into and inspect any premises
used in connection with the business, and any person who refuses
entry commits an offence.
(iii) The Clerk may issue a license or a renewal thereof under this by-law
to any person who:
(1) has not been successfully prosecuted for more than one
infraction under this by-law within the last 5 years; and
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(2) has not, within the last 5 years, been convicted of an offence
involving possession of stolen property under Section 354 of
the Criminal Code, R.S.C. 1985, c. C-46 or its successor
legislation, or if convicted has been pardoned.
(iv) (1) The Clerk may issue a certificate stating that a pawnshop or
second-hand shop has not been issued a license under this by-
law.
(2) The certificate mentioned in section VI. (iv) (1), signed or
purported to be signed by the Clerk, may be received and
considered by the Court for the purposes of this by-law as
prima facie evidence of the contents thereof.
(v) Where a pawnbroker or second-hand dealer is being prosecuted for
an offence under this by-law and his records are proven to be
incorrect, he may use the defence that he was misinformed by the
vendor only if he can show that he took reasonable precautions to
ensure the correctness of the information entered in his register or
records.
(vi) (1) A person who carries on business as a pawnbroker or as a
second-hand dealer who violates or fails to comply with section
V. (ii) of this by-law commits an offence punishable under Part
II of the Provincial Offences Procedure Act, S.N.B. 1987, c. P-
22.1, as a Category E offence.
(2) A person who violates or fails to comply with any section of
this by-law other than section V. (ii) commits an offence
punishable under Part II of the Provincial Offences Procedure
Act as a Category C offence.
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(vii) (1) Upon a second conviction under section VI. (vi) committed
within 5 years of a first conviction, the Clerk shall revoke the
pawnbroker’s license.
(2) The Clerk shall revoke a pawnbroker’s or second-hand dealer’s
license where a pawnbroker or second-hand dealer has been
convicted within the last 5 years of an offence involving
possession of stolen property under Section 354 of the Criminal
Code, or its successor legislation, or if convicted, has been
pardoned.
(viii) No licensee shall operate or carry on the business of a second-hand
goods shop or pawnshop for which the license was issued while the
license is under suspension.
VII. PLURAL OR FEMININE TERMS
In this by-law plural or feminine terms may apply whenever the singular,
masculine or feminine is used. It shall be considered as if the plural,
feminine or masculine has been used where the context of the party or
parties hereto so requires.
VIII. VALIDITY
If a court of competent jurisdiction declares any provision or part of this by-
law to be of no force or effect, it is the intention of the Council in enacting
this by-law that each and every other provision of this by-law authorized by
law be applied and enforced in accordance with its terms to the extent
possible according to law.
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FIRST READING BY TITLE NOVEMBER 26, 2007
SECOND READING BY TITLE NOVEMBER 26, 2007
READ IN ENTIRETY DECEMBER 17, 2007
THIRD READING BY TITLE AND ENACTED DECEMBER 17, 2007
RALPH A. CARR PAUL I. MAGUIRE
MAYOR TOWN CLERK
BY-LAW # 854-07
A BY-LAW RESPECTING PAWNBROKERS & SECOND-HAND DEALERS
IN THE TOWN OF SUSSEX
SCHEDULE “A”
PAWNBROKERS & SECOND-HAND DEALERS
TRANSACTION RECORD FORM
DATE:
TIME RECEIVED OR REDEEMED:
RECEIPT NUMBER:
AMOUNT LOANED OR PAID:
DESCRIPTION OF ARTICLE(S) OR GOODS:
(must include make, model and serial number where applicable)
NAME & ADDRESS OF PERSON PLEDGING OR SELLING:
DESCRIPTION OF PERSON:
DATE OF BIRTH:
MALE/FEMALE (M/F):
IDENTIFICATION PRODUCED:
TYPE OF IDENTIFICATION:
IDENTIFICATION NUMBER:
BY-LAW # 854-07
A BY-LAW RESPECTING PAWNBROKERS & SECOND-HAND DEALERS
IN THE TOWN OF SUSSEX
SCHEDULE “B”
APPLICATION FOR PAWNBROKERS/SECOND-HAND DEALERS
BUSINESS LICENSE
OPERATING NAME OF BUSINESS:
REGISTERED NAME OF BUSINESS:
(if different than above)
CIVIC ADDRESS OF REGISTERED BUSINESS:
MAILING ADDRESS:
(if different than above)
CONTACT INFORMATION:
TELEPHONE:
FAX:
E-MAIL:
BUSINESS STATUS: SOLE PROPRIETOR PARTNERSHIP CORPORATION
IF THE APPLICANT IS A PARTNERSHIP OR CORPORATION, LIST THE MEMBERS
OF THE PARTNERSHIP OR THE OFFICERS AND DIRECTORS OF THE
CORPORATION.
SIGNATURE OF APPLICANT:
DATE:
FEE OF $100.00 IS PAYABLE TO THE “TOWN OF SUSSEX” UPON
SUBMISSION OF APPLICATION
$100.00 FEE RECEIVED BY:
Signature of Town Clerk
THE LOCATION OF THE BUSINESS DESCRIBED HEREIN IS IN CONFORMITY WITH
THE PROVISIONS OF BY-LAW NO. 1350-04, THE ZONING BY-LAW FOR THE
TOWN OF SUSSEX:
YES NO
Signature of Development Officer