[HISTORY: Adopted by the Board of Selectmen of the Town of
Hudson 1-12-1998 by Ord. No. O98-01. Amendments noted where applicable.]
GENERAL REFERENCES
Hawkers, peddlers and vendors — See Ch. 232.
A.
This chapter is adopted by the Board of Selectmen of the Town of
Hudson for the purpose of regulating transactions in items which have
been historically shown to be subject to theft and illicit transfer.
The function of the regulations contained herein is to discourage
such theft and illicit transfer from occurring within the Town of
Hudson and to mandate the keeping of certain records which will assist
victims of theft in recovering their stolen property and which will
assist law enforcement authorities in the apprehension of perpetrators
of theft.
B.
The intent of this chapter is to establish a system which fairly
and impartially regulates retail transactions of a pawn or secondhand
nature for the purpose of identifying stolen property unintentionally
received by the regulated parties and detection of regulated parties
intentionally transacting business in stolen property.
C.
This chapter has been enacted pursuant to the authority granted to
the Town of Hudson by New Hampshire RSA 322 and RSA 398.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm, partnership or corporation whose business
includes any transactions wherein there is the lending of money secured
by taking possession of jewelry, wearing apparel, household goods
or other personal property, with interest charged thereon, with the
right to sell the personal property if it is not redeemed. A person,
firm, partnership or corporation shall be deemed to be a pawnbroker
whether the transaction takes the form of a loan by the pawnbroker
secured by the property or a sale to the pawnbroker with the right
to repurchase within a specified period of time. Pawnbrokers are regulated
according to New Hampshire RSA 398.
Any person, firm, partnership or corporation whose business
is the retail buying, selling, buy-back, exchanging, dealing in or
dealing with secondhand articles, including but not limited to jewelry,
watches, clocks, diamonds or other precious stones or gems, gold,
silver, platinum or other precious metals, musical instruments and
equipment, cameras, furs, fur coats or other kinds of wearing apparel,
collectibles and antiques (excepting furniture and books), home and
auto stereo equipment, televisions, video cassette recorders and other
electronic equipment, tools, computers and computer equipment, firearms,
auto accessories and office and store fixtures and related equipment.
Secondhand dealers are regulated according to New Hampshire RSA 322.
Mail-order transactions and retail stores that exchange or provide
cash or credit for returned articles are excluded from this chapter.
Flea markets and yard sales are also excluded and are governed by
the Town of Hudson through a separate Town ordinance.
A.
No person, firm, partnership or corporation shall operate, conduct
or engage in business as a secondhand dealer or pawnbroker unless
such person, firm, partnership or corporation obtains a license from
the Town of Hudson through the Board of Selectmen in accordance with
New Hampshire RSA 322:1 and 398:5.
B.
Application; fee; investigation; approval or denial.
(1)
Applications for licenses for a secondhand dealer or pawnbroker shall
be made, in writing, to the Hudson Police Department on forms provided
by the Hudson Police Department. An application fee of $50 shall be
submitted with the application to the Police Department.
(2)
The Chief of Police shall cause an investigation to be made of the
fitness of the applicant to engage in said business as a secondhand
dealer or pawnbroker. This investigation shall be completed within
14 days of the application being filed. Upon conclusion of this investigation
the Chief of Police shall report his findings and forward a recommendation
on the application to the Board of Selectmen for disposition of the
license.
(3)
No such license shall be issued to any person, firm, partnership
or corporation who or which has been convicted of receiving stolen
property or who has repeatedly violated ordinances or statutes of
the State of New Hampshire or any other state or territory related
to a business license in the State of New Hampshire or any other state
or territory. Approval or denial of a license application will be
by a majority vote by the Board of Selectmen after a review of all
application materials.
C.
Issuance; display; nontransferability; renewal.
(1)
Upon approval a numbered license shall be issued and continue in
force until April 1 of each year, unless revoked prior to this date.
Said license may not be assigned or transferred.
(2)
It shall be the duty of the licensee to display the current license
in a conspicuous place within the business where it may be readily
observed by the public.
(3)
The license shall be issued for a specific location and is not transferable
to any other person, firm, partnership or corporation.
(4)
Once per year, on or before April 1, all persons, firms, partnerships
or corporations that operate, conduct or engage in business as a secondhand
dealer or pawnbroker will be responsible for renewing their license
information with the Hudson Police Department. This renewal will be
completed in writing on forms provided by the Hudson Police Department.
A renewal fee of $50 shall be submitted yearly with the renewal application.
Failure to comply with this requirement may result in suspension or
revocation of said license.
A.
In accordance with § 261-4B, all secondhand dealers and pawnbrokers must submit a list of personnel that will be employed by the business. In addition to this requirement it shall be the responsibility of the business owner to notify the Hudson Police Department whenever a new employee is hired by the business. In the case of a new employee, the same information will be requested as per the original application for license.
B.
Each applicant shall agree to conform to all rules and regulations
governing such businesses now in effect or as subsequently enacted.
A.
No pawnbroker, nor any person employed by a pawnbroker, shall directly
or indirectly receive in pawn or as security for any loan, transfer,
service or undertaking or advantage any aforementioned article from
any minor in accordance with New Hampshire RSA 398:2.
B.
No secondhand dealer or pawnbroker, nor any person employed by a
secondhand dealer or pawnbroker, shall directly or indirectly purchase
any aforementioned article from any person under the age of 16 years
old, knowing or having reason to believe him or her to be such, except
when said minor is accompanied by a parent or legal guardian, who
shall show proper identification and sign the transaction record in
person before said dealer in accordance with New Hampshire RSA 322:3.
C.
No secondhand dealer or pawnbroker, nor any person employed by a
secondhand dealer or pawnbroker, shall receive in pawn, or as security
for any loan, transfer, service, undertaking, or advantage, any property
of value from any person in a visible state of intoxication from liquors,
drugs or otherwise or any article of clothing removed from the person,
at the place of business in accordance with New Hampshire RSA 398:2.
A.
Every secondhand dealer or pawnbroker, upon the acquisition of any
aforementioned article, shall prepare transaction records (written
in the English language) upon forms provided by the Town of Hudson.
This form shall state the full name, identification number, date of
birth, address and other descriptive information of the seller, date
of the transaction, a full, accurate and detailed description (to
include make, model and serial number) of each article and the monetary
amount given for the article.
B.
Identification of seller and items.
(1)
Positive identification in the form of a photographic identification
shall be required for all transactions, and the type of identification
used shall be noted on the dealer's records. This record shall
be legibly signed by the seller in person. At no time will the pawnbroker
or secondhand dealer accept another person's photographic identification
for any acquisition.
(2)
The secondhand dealer or pawnbroker shall attach a photocopy of the
identification shown to the transaction record. A photocopy of the
article, if required by the nature or size of the item, will also
be attached to this form. Jewelry, watches, diamonds or other precious
stones or gems, gold, silver, platinum or other precious metals or
items by virtue of their size shall be photocopied by use of a document
photocopier.
C.
One copy of all transaction records shall be delivered to the Hudson
Police Department within 24 hours of the end of said dealer's
business day in which the transaction took place.
D.
In the case of a pawnbroker, a ticket or coupon shall be given to
the pledgor by the pawnbroker in all cases where any aforementioned
article is received in pawn or otherwise for the security of any loan,
transfer, service, undertaking or advantage given to the pledgor.
This ticket or coupon shall state the name and address of said pawnbroker,
a description of the property or article received in pawn, the monetary
value loaned and the rate of interest established. At the time of
making the loan, an identification number shall be attached to the
article and this identification number shall be recorded on the ticket
or coupon.
E.
Every secondhand dealer and pawnbroker shall retain the original
copies of acquisition records in his possession, which, together with
any article which is kept, stored in or upon such premises, may be
inspected at any time by a duly authorized police officer during regular
business hours. All reasonable efforts will be made to avoid disrupting
the normal course of business.
F.
All original transaction records shall be kept by said secondhand
dealer or pawnbroker for a minimum of five years for purposes of this
chapter. State and federal regulations may require longer retention
(i.e., Department of Labor, Internal Revenue Service, etc.).
G.
No article purchased shall be sold, encumbered by sales contract
or otherwise disposed of or altered in its appearance within 21 days
of purchase, except with the written permission of the Chief of Police,
but in no case within 24 hours after the time of purchase. Pawnbrokers
shall retain pledged nonperishable articles for at least four months
after date of deposit and perishable articles for one month after
date of deposit.
[Amended 12-23-2002 by Ord. No. 02-04]
A.
If the Hudson Police Department determines that an article is needed
for evidence in a criminal investigation, an authorized agent of the
Department shall seize that evidence pursuant to applicable criminal
procedures. The secondhand dealer or pawnbroker shall be issued a
receipt for the article.
B.
Pursuant to New Hampshire RSA 595-A:6, the Hudson Police Department,
or an authorized agent of the Hudson Police Department, shall keep
seized articles under the court's direction as long as necessary
to permit the article to be used as evidence. At the conclusion of
all court proceedings or closure of the police investigation, the
Hudson Police Department shall notify, by regular mail at the last
known address, the original owner, the secondhand dealer or pawnbroker
and any other known person who may have a lawful interest that the
property will be released in 30 calendar days to the original owner,
if no other claim is placed on the property.
A.
Any violation of this chapter shall be punishable by a fine of not
less that $25 nor more than $100 for each offense and/or subject to
criminal prosecution under existing New Hampshire laws.
B.
Suspension or revocation.
(1)
The Board of Selectmen may, independently or upon recommendation
from the Chief of Police, suspend or revoke said license for any violation
of this chapter or reasons they deem to be in the best interest of
the community, after a hearing. Offenses which may result in the suspension
or revocation of said license include but are not limited to the following:
(2)
Time limits of the suspension or revocation shall be left to the
discretion of the Board of Selectmen. Notice of the suspension or
revocation will be made in writing to the owner(s) of the business.
