City of Las Vegas, NM
San Miguel County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Las Vegas as Ch. 5, Art. 7, of the 1972 City Code. Amendments noted where applicable.]
Businesses — See Ch. 160.
Junk dealers — See Ch. 274.
Peddling and soliciting — See Ch. 319.
This chapter may be cited as the "Pawnbrokers, Second Hand Dealers Ordinance."
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
Any person engaged in the business of lending money on the deposit or pledge of personal property or who purchases personal property with an expressed or implied agreement or understanding to sell it back at a stipulated price. If a pawnbroker also purchases used merchandise for resale, he must do so in accordance with the provisions of this chapter.
Any individual, partnership, corporation, firm or association or any combination thereof.
Any person engaged in the business of conducting a secondhand store or dealing in secondhand goods, other than used car dealers and merchants taking furniture, appliances and like merchandise in on a trade in for new furniture, appliances and like items, whether or not such person, in addition to or in connection with such secondhand business, keeps in stock for retail goods, wares or merchandise, or any place of operation for dealing or in purchasing gold, silver or platinum.
An applicant for a license as a pawnbroker must be of good moral character and shall not have been convicted of any felony or crime involving moral turpitude. A license shall be denied to any applicant whose license was revoked for cause or who was a partner, officer, director, trustee, manager or stockholder of any corporation or unincorporated association the license of which was revoked for cause.
Any application for license as a pawnbroker shall be referred to the Police Department for investigation as to the qualifications of the applicant and as to the truth of all statements in the application. In making their investigation, the police shall use any or all current methods of police inquiry, including, without limitation, fingerprints and photographs. The police shall as soon as practical make their report to the City Clerk who shall grant the license only if the report is favorable. The applicant may appeal a denial of his application to the governing body.
It shall be unlawful for any person to engage in any business coming under the provisions of this chapter without first obtaining a license therefor as required by this Code.
Before a license can be granted, the person seeking a license as a pawnbroker must execute and deliver a bond to the City Clerk to be approved by the Clerk and City Attorney in the penal sum of $5,000 with a corporate surety authorized by the laws of the state to write surety bonds therein and conditioned for the conduct of such pawnbroker business according to the law and for the true and faithful observance of applicable provisions of this Code and ordinances pertaining thereto; such bond shall be for the benefit of the City and of each and every person damaged by breach of any condition thereof.
It is the duty of every person engaged in the business of a secondhand dealer or pawnbroker in the City to provide a well bound book to be kept at his place of business in which a record of all transactions had by the persons shall be kept. The record shall contain:
An accurate and complete description of each and every article taken in as a pledge or purchased, including serial numbers, if any of same.
An accurate and complete description of the person from whom the goods were received or purchased.
The name of the person and his house and street address.
There shall also be entered in such book the amount of the loan or the purchase price of all said articles or things pawned or bought, the rate of interest to be paid on the loan if the transaction be a loan, and such other information as may be from time to time required by the Police Department.
The book and record above shall be kept with entries in the English language in a clear and legible manner in ink on a form in the format, color and size approved by the Police Department. The book and record shall be presented and made accessible for a period no less than two years. The record book shall be open at all times to the inspection of any member of the Police Department or any person who shall be authorized by the Chief of Police.
It is the duty of every person engaged in the business of a pawnbroker to furnish an accurate and complete report each business day, all property of every kind received or purchased during the preceding business day, to the Police Department. Each item will be listed on a separate report form, such forms to be furnished by the licensee and approved by the City. The report shall include the following:
Name of item;
Complete description of the item, including make, model, if any;
Serial number and any other identifying marks, if any;
Date, time and type of transaction;
Name and address of person offering the item;
Description of the person(s) offering the item, including age, sex, complexion, hair color, approximate height and weight, and date of birth;
Type of identification used by person offering item and identifying number of said identification. If the person presents a driver's license, the report shall also indicate the state of issuance.
No pawnbroker or secondhand dealer shall sell or remove from his place of business any secondhand goods or articles, other than furniture and household goods purchased by him, until the same shall have been in his possession for a period of not less than five working days.
A pawnbroker or secondhand dealer shall retain all gold, silver and platinum, in the form in which purchased, in his possession for a period of not less than five days.
It is unlawful for any secondhand dealer or pawnbroker to falsify any record required under the provisions of this chapter or for a licensee or any other person to furnish false information in connection with the sale, pledge or exchange of any goods.
The Police Department has the right to confiscate from a licensee any item which has been reported as being stolen or which the Police Department has reason or probable cause to believe has been stolen. The officer confiscating the property shall give a receipt therefor containing sufficient information to identify adequately the item taken.
The officer confiscating suspect property from a licensee shall proceed without delay to determine whether the item actually was stolen. Should it be determined that the property was stolen, the item may be retained as evidence or returned to its rightful owner; otherwise the property shall be returned to the licensee. As a condition of licensing, licensees shall cooperate fully with the Police Department in its efforts to recover stolen property, and to this end shall render all reasonable aid and assistance.
It is unlawful for any secondhand dealer or pawnbroker in the City to:
Buy or accept property as a pledge from any minor without the written consent of the parent or guardian of such minor to so deliver or dispose of the property.
Knowingly buy or accept property as a pledge from any person who is at the time intoxicated, an habitual drunkard, under the influence of narcotic or other incapacitating drugs, a thief or an associate of thieves, a receiver of stolen property or a person convicted of a felonious crime.
It shall be unlawful for any license holder to purchase or otherwise receive any item of merchandise:
From which the manufacturer's name plate, serial number of distinguishing number or identification mark has been obviously defaced, altered, covered or destroyed.
Which the license holder believes or has reason to believe is not lawfully owned by the person offering the same.
It is unlawful for any secondhand dealer or pawnbroker to buy any property of any kind, or receive the same as a pledge, if the property is distinctly and plainly marked as being the property of any person other than the party offering to sell or pledge the same, unless the party offering to sell or pledge the same shall show satisfactory evidence, in writing, that he is the lawful owner of the property or has been granted permission by the owner to pledge the property. Failure to require such written evidence shall be prima facie evidence of guilty knowledge on the part of the licensee, his agents or employees that the party offering to pledge or sell the same is not the rightful owner thereof and shall be sufficient cause for the revocation of the license of the licensee by the City after notice and public hearing held before the governing body.
Each item pledged to or purchased by the licensee for which a report is required shall have attached thereto a tag with an identification number matching the article with its corresponding report and record.
This is a penal ordinance. Any licensee who is found guilty of a violation of any provision of this chapter shall be guilty of a misdemeanor and shall be fined or imprisoned, or both, in the discretion of the court, up to $300 or up to 90 days. Any licensee who violates any provision of this chapter shall be subject to having said license revoked or suspended by the City Clerk. Revocation or suspension of such license will not bar prosecution of the licensee under the penal provisions of this chapter. Criminal prosecution will not bar proceedings to revoke or suspend the holder's license.
The requirements of this chapter shall apply to any agent or employee of the person engaged in the business as defined in this chapter.
Pawnbrokers or secondhand dealers may operate their businesses only between the hours of 6:00 a.m. and 7:00 p.m. each day and shall keep their businesses closed to the public at all other times.
A pawnbroker's license may not be transferred to another location without the prior consent of the City Clerk. A license is not assignable or transferable to any other person. If the licensee sells, transfers, or assigns the business, the succeeding owner shall obtain a new license. Any change in the members of a partnership, 10% or more of the membership of an association, or 10% or more of the voting stock of a corporation holding a pawnbroker's license will constitute a change in ownership of the business.
No secondhand dealer shall, by virtue of his license, keep more than one store, shop, house or place of buying, receiving or selling secondhand goods or articles, but he may have or keep under and by virtue of a single secondhand dealer's license more than one place for storage purposes.
The provisions of this chapter shall apply to any person presently licensed as a pawnbroker or secondhand dealer by the City.