The purpose of this chapter is to protect the safety and welfare
of the citizens of the City of Westminster by regulating pawnshops
and secondhand dealers in order to prevent the disposition of stolen
property, to identify stolen property, and to return stolen property
to its owners.
In this chapter the following terms have the meanings indicated.
Any term not defined in this chapter shall have the meaning as defined
in any chapter of the Code. Any term not defined in the Code in any
chapter shall have its generally accepted meaning.
ANTIQUE DEALER
A person whose primary retail trade is buying and selling
objects made in, or typical of, an earlier period of time that either
have special value because of their age or are examples of works of
art or handicrafts.
[Amended 2-10-2014 by Ord. No. 848]
DEPARTMENT
The Police Department of the City of Westminster.
ITEM
Tangible personal property including, but not limited to,
a household appliance, fur, musical instrument, personal computer,
compact disc player, digital video disc player, power tool, camera,
firearm, radio, television set, MP3 player, cellular telephone, personal
digital assistant (PDA), video game system, video game accessory or
component, or audio or stereo equipment.
PAWNBROKER
A person who engages in pawnbroker transactions.
PAWNBROKER OR SECONDHAND DEALER ESTABLISHMENT
A person with a fixed place of business where pawnbroker
or secondhand dealer transactions occur. A pawnbroker or secondhand
dealer establishment includes both the person and its fixed place
of business.
PAWNBROKER TRANSACTION
Engaging in the act of:
A.
Lending money on the deposit or pledge of tangible personal
property or other valuable things other than secondhand precious metal
objects, coins, or numismatic items; or
B.
Purchasing tangible personal property or other valuable things,
other than secondhand precious metal objects, coins, or numismatic
items, on the condition of reselling the property to the seller at
a stipulated price.
PERSON
An individual, corporation, partnership, business trust,
limited liability company, or any other type of business entity.
SECONDHAND DEALER
A person who, or a machine or kiosk or other electronic or
mechanical device that, engages in secondhand dealer transactions.
"Secondhand dealer" does not include:
[Amended 2-10-2014 by Ord. No. 848]
A.
A charitable, religious, or nonprofit organization, if the exchange
of items for consideration is incidental to the organization's
primary activity;
B.
An antique show, trade show, convention, or auction;
D.
A person whose primary retail trade is new and unused video
game components, video game systems, video games, or video game accessories;
F.
Whether on consignment or otherwise, a seller or reseller of
used (post-consumer) clothing or used (post-consumer) nonelectronic
sporting equipment.
SECONDHAND DEALER TRANSACTION
The receipt by a secondhand dealer, as defined in this section,
of used (post-consumer) tangible personal property, other than secondhand
precious metal objects, coins, or numismatic items, and offering or
holding or retaining with the intent to offer the tangible personal
property to the public for sale, trade, barter, or other consideration,
or to transfer the tangible personal property to a third party for
such purpose, whether such sale or trade to or barter or other exchange
with the public occurs within City limits or elsewhere.
[Amended 2-10-2014 by Ord. No. 848]
USED or POST-CONSUMER
Tangible personal property that has been previously purchased
at retail, whether or not the box or packaging has been opened or
broken, by any person or entity, except tangible personal property
accepted for return by the original retail seller in accordance with
the seller's ordinary and customary return policies.
[Added 2-10-2014 by Ord. No. 848]
A pawnbroker or secondhand dealer shall not engage in pawnbroker
or secondhand dealer transactions with an individual who is under
the age of 18.
A pawnbroker or secondhand dealer is subject to the provisions
of the Business Regulation Article, § 12-401, of the Annotated
Code of Maryland in regard to the release of stolen property to the
Department.
A person who violates any provision of this chapter is guilty
of a misdemeanor and, upon conviction, is subject to a fine not exceeding
$1,000 or imprisonment not exceeding six months, or both.
If any part of this chapter is held invalid, the invalidity
shall not affect the other parts.