Chapter 193 Pawnbrokers and Secondhand Dealers

Transcription

1 The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing. *Amended by part of City Council Order #: adopted 6/5/2018 Chapter 193 Pawnbrokers and Secondhand Dealers [HISTORY: Adopted by the Town of Sanford ( 6.10 of the 1977 Code). Amendments noted where applicable.] Definitions. * Amended by part of City Council Order #: adopted 6/5/2018 In general, all words, phrases, and terms used in this article shall have their customary and usual meanings; as used in this article, the following words, phrases, and terms shall have the meaning indicated: Pawn Transaction. *Amended by part of City Council Order #: adopted 6/5/2018 The lending of money on the security of pledged tangible personal property that is delivered to a pawnbroker and held by the pawnbroker and including the purchase of tangible personal property on the condition that it may be repurchased by the seller for a fixed price within a fixed period of time. PAWNBROKER * Amended by part of City Council Order #: adopted 6/5/2018 Any person, firm, or corporation and premises engaged in the business of pawn transactions. Precious Metals. *Amended by part of City Council Order #: adopted 6/5/2018 Any item composed in whole or in part of gold, palladium, silver, or other such valuable metals but does not include dental gold, unrefined metal ore, and electronic product, any part of a mechanical system on a motor vehicle or gold or silver coins or bullion. SECONDHAND DEALER *Amended by part of City Council Order #: adopted 6/5/2018 Any person, firm, or corporation and premises engaged in the business of selling and acquiring through exchange, pawn or purchase, secondhand or used tangible personal property such as articles, merchandise, or goods from private citizens, including but not limited to electronics, gaming systems/video games/video game accessories, jewelry, valuable and precious metals and stones, firearms, antiques, used cars, tires, automobile accessories, office and store fixtures and equipment, and household goods and appliances, but not typically including articles of clothing or books. Secondhand dealers do not include businesses engaged in the trade of similar articles by a retail or wholesale establishment. A secondhand dealer includes precious metal dealers. A secondhand dealer is not a State Licensed dealer pursuant to 29-A M.R.S.A 851 et seq Purchase from minor. *Amended by part of City Council Order #: adopted 6/5/2018 A pawnbroker or secondhand dealer will not either directly or indirectly purchase, acquire or receive, by way of barter or exchange, any tangible personal property from a person who has not attained the age of 18 except when said minor shall be accompanied by a parent or legal guardian who shall sign the

2 transaction record in person before said dealer or collector. Purchase From Known Thieves *Amended by part of City Council Order #: adopted 6/5/2018 A pawnbroker and secondhand dealer will not knowingly either by directly or indirectly purchase, acquire or receive, by way of barter or exchange, any tangible personal property from a person known to be a thief or a receiver of stolen property. The Police Department may advise the secondhand dealer of any person previously convicted as a thief or receiver of stolen property Records. *Amended by part of City Council Order #: adopted 6/5/2018 Pursuant to 30-A M.R.S.A. 3962, 3963 and 3971 every pawnbroker and secondhand dealer shall keep records of every transaction for a period of no less than 2 years which shall be made promptly available for inspection at the principal place of business upon request by a law enforcement officer or prosecuting attorney and shall electronically report every transaction of tangible personal property or precious metal acquired, exchanged, pawned, or pledged through an electronic reporting system in the format, form, and manner designated by the Chief of Police and shall maintain equipment of sufficient capability to produce detailed, daily electronic transaction reports for each transaction to that electronic reporting system. Such equipment and capabilities include but are not limited to a computer with internet access and a digital color camera capable of providing readable and recognizable document photocopies and facial photographs. Each record of each transaction shall include: A. A digital color photograph of the person s face from the front; B. A digital color photocopy of a valid government issued photo identification document; C. The person s name, date of birth, height, weight, hair color, and eye color; D. The person s current address and telephone number; E. If the person is acting on behalf of a company or business, the name address, and telephone number of such company or business shall also be recorded; F. The date and time of the transaction; G. A complete and thorough description of the transaction including, but not limited to the following: a. Type of articles; b. Brand name, make, manufacturer (if applicable); c. Model number (if applicable); d. Serial number (if applicable); e. Color, finish, metal-type, and karat (if applicable); f. Distinguishing marks, identifiers, engravings, number and color of stones, etc. H. A digital photograph of each transaction of tangible personal property or precious metal including the capture of distinguishing characteristics, identifying numbers, markings, writing, or engravings, etc. Electronic Reporting of Transactions Each transaction of tangible personal property or precious metal shall be recorded to the designated electronic reporting system each day that the transaction takes place.

3 Multiple pieces of similar tangible personal property or precious metal such as baseball card collections, action figure collections, tool sets, or jewelry collections may be grouped together using one general descriptor when entered into the designated electronic reporting system as a transaction. Each transaction recorded in the designated electronic reporting system shall contain the following information with the form completed accurately and in its entirety: A. The person s name, date of birth, height, weight, hair color, and eye color; B. The person s current address and telephone number; C. If the person is acting on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded; D. The date and time of the transaction; E. A Complete and thorough description of transaction including, but not limited to the following: a. Type of articles; b. Brand name, make, manufacturer (if applicable); c. Model number (if applicable); d. Serial number (if applicable); e. Color, finish, metal-type, and karat (if applicable); f. Distinguishing marks, identifiers, engravings, number and color of stones, etc. F. A digital photograph of each transaction of tangible personal property or precious metal including the capture of distinguishing characteristics, identifying numbers, markings, writing, or engravings, etc. In the event that the electronic reporting system malfunctions or is otherwise not operating, such malfunction or non-operability must be reported to the Chief of Police immediately. All transactions during such system malfunction or non-operability shall be delivered to the Chief of Police within 24 hours. System malfunctions or non-operability of equipment will be corrected within 48 hours. Failure to record each transaction into the designated electronic reporting system in the format, form, and manner prescribed by the Chief of Police or failure to maintain reporting equipment is a civil violation and grounds for the denial, revocation, or suspension of a pawnbroker or secondhand dealer license. Holding Period A secondhand dealer may not sell any tangible personal property with the exception of CD s, DVD s, and video games until the tangible personal property has remained in the secondhand dealer s possession for 7 days after the date of acquisition by the secondhand dealer, except that a secondhand dealer that determines that the tangible personal property is not listed as stolen in the designated electronic database as verified and approved by the Chief of Police. A precious metal dealer may not sell or alter any precious metals until the precious metals has remained in the precious metal dealer s possession for 15 days after the date of acquisition by the precious metal dealer, except that a precious metal dealer that determines that the precious metals are not listed as stolen in the designated electronic database as approved and verified by the Chief

4 of Police, may sell or alter the precious metal 10 days after the date of acquisition Posting of laws; display of sign. Every pawnbroker shall post in a conspicuous location within the place of business a copy of the applicable statutes of the State of Maine and a copy of this chapter and will further display within the place of business a sign, legibly inscribed in large letters in the English language, with the name and occupation of the pawnbroker State law to apply. Except to the extent that this chapter contains a contrary provision, all provisions of 30-A M.R.S.A 3960 to 3964-A and 3901 shall be additional requirements to the provisions of this chapter. Account of Business Done and Disclosure to Consumer Every pawnbroker shall maintain records for a period of no less than two years, which shall be made promptly available for inspection at the principal place of business upon request by a law enforcement officer or prosecuting attorney, in which the pawnbroker shall enter: A. The date, duration, amount, periodic rate of interest, and annual percentage rate on every loan that is made; B. The finance charge, due dates for payment and the total payment needed to redeem or repurchase the pawned property; C. An accurate account and description of the property pawned; D. The terms of redemption or repurchase, including any reduction in the finance charge for early redemption or repurchase and the right of the consumer to at least one extension of one month at the same rate of interest upon request in writing or in person; and E. The name and residence of the consumer. F. At the time of the pawn transaction, the pawnbroker shall deliver to the consumer a signed, written disclosure complying with the truth-in-lending provisions of the Maine Consumer Credit Code, Title 9-A, Article 8-A, containing the items required by subsection 1 and the name and address of the pawnbroker License required; violations and penalties. Amended by part of City Council Order #: adopted 6/5/2018 No person, firm or corporation may engage in the business of pawnbroker and secondhand dealer without first obtaining a license for each such purpose from the City. Licenses under this article shall not be issued unless the City Clerk receives affirmation from the Inspection Team, that the applicant s proposed operation meets all applicable requirements. Any person carrying out such activity without a license is in violation of these provisions. Failure to comply with any of these requirements shall be deemed in violation of this article and is adequate grounds for the denial, revocation, or suspension of a license Procedure and Fees * Amended by part of City Council Order #: adopted 6/5/2018 License applications under this article shall be processed according to the procedures established in this article and Chapter 149, Licensing. A license may be issued after the annual fee required has been paid through the City Clerk s Office. The fee for a license shall be established under Chapter 149, Licensing, , Fees, of this Code, for pawnbrokers and secondhand dealers.

5 193-8 Disqualification. *Amended by part of City Council Order #: adopted 6/5/2018 In addition to the general standards for denial, suspension or revocation of a pawnshop or secondhand dealer license and the standards for investigation of applicants pursuant to Chapter 149, Licensing or other standards found in the Code or elsewhere, a pawnshop or secondhand dealer license may be denied, suspended or revoked on one or more of the following grounds: A. Conviction of the applicant, licensee, employee of the licensee or person representing the licensee of any Class A, Class B, or Class C Crime; B. Conviction of the applicant, licensee, employee of the licensee or person representing the licensee of any misdemeanors or crimes involving dishonesty, such as theft, negotiating a worthless instrument, forgery, or unsworn falsification; Digital Video Recording Equipment A secondhand dealer that makes high definition video recordings of their premises during hours of operation of high quality and placement in a manner to identify facial features of all customers entering and exiting the place of business and conducting all transactions may be eligible for a 50% discount from the secondhand dealer license fee and waiver of the obligation to record by way of a digital color photograph, the person s face making the transaction upon verification and approval by the Chief of Police that the equipment is operational, of high quality and placement in the proper manner. The records must be kept for a minimum of 10 days.