AGENT
A person granted authority to act for a principal whether
denominated an agent, attorney-in-fact, or otherwise. "Agent" includes
an original agent, co-agent, successor agent, and a person to which
an agent's authority is delegated.
AUTOMATED PURCHASING MACHINE
A self-service device that is designed to dispense payment
in exchange for personal property; also known as a "reverse vending
machine."
DEALER
An individual who acquires commercially from the public or
trades commercially with the public in secondhand precious metal objects
and secondhand personal property; an individual who for compensation
arranges for the sale or delivery of a secondhand precious metal object
and secondhand personal property on behalf of a person that does not
hold a license under this title; or unless otherwise provided, a pawnbroker
and secondhand dealer. "Dealer" includes a retail jeweler as to transactions
in which the retail jeweler acquires commercially from the public
or trades commercially with the public in secondhand precious metal
objects.
EMPLOYEE
An individual who is employed by a dealer, a secondhand dealer
or pawnbroker to buy, sell or supervise directly the buying or selling
of secondhand precious metal objects, secondhand personal property
or articles that are pawned, bought or sold under the license of a
pawnbroker or a secondhand dealer.
PAWN
Property provided as security for a loan, pledge, or guaranty;
the condition of being held as a pledge against the payment of a loan.
PAWN TRANSACTION
A loan of money by a dealer on deposit or pledge of personal
property or other valuable thing other than securities or printed
evidences of indebtedness, or a purchase by a dealer of personal property
or other valuable things on condition of selling the same back at
a stipulated price.
PAWNBROKER
An individual or business that engages in pawn transactions.
PRECIOUS METAL OBJECT
A precious metal that is: gold; iridium, palladium; platinum;
or silver; a precious or semiprecious stone, or a pearl that is or
appears to have been attached to or inlaid in a precious metal listed
in gold, iridium, palladium, platinum or silver or any alloy of a
precious metal; an object that is composed of a precious metal item
as listed or an alloy of a precious metal if the market value of the
metal in the object lies principally in its precious metal component
or at least 25% of the weight of the object is precious metal.
PUBLIC SALE
A sale open to the public and held in a location open and
accessible to the public, with sufficient public notice of the time
and place of the sale to give the public a reasonable opportunity
to participate.
SECONDHAND DEALER
An individual or business that acquires commercially from
the public and trades commercially with the public in tangible secondhand
personal property. The term "secondhand dealer" does not apply to
a pawnbroker; a business that deals primarily with the purchase and
sale of antiques; a charitable organization that accepts only donations;
garage or yard sales; the purchase on consignment of secondhand clothing,
furniture, books, or baby accessories and toys; activities of a club,
school, church, or charitable organization that include the sale of
donated items; auctions; or estate sales.
SECONDHAND PERSONAL PROPERTY
Previously owned personal property offered for commercial
resale or as collateral by any person, other than the manufacturer,
wholesale distributor, or original retail seller.
The pawnbroker, dealer, or secondhand dealer, in preparing the required list under §
262-3 of this chapter, shall adhere to the following instructions:
A. All articles shall be photographed and reported by the maker's
name and number, the color and size, serial number, and model number,
together with any initials, inscriptions or any peculiar distinguishing
marks or characteristics.
B. Diamonds and other precious stones shall be described by giving the
approximate weight of the stone, style of mounting, whether a lady's
or gentleman's ring, the number and shape of stones and any initials,
inscriptions, scratch numbers or peculiar distinguishing marks or
characteristics, and, where applicable, metal color and content (e.g.,
10k, 14k et al).
C. Watches shall be designated by the kind of metal, maker's name,
movement number, case number, kind of movement, whether lady's
or gentleman's and any initials, inscriptions, scratch numbers
or peculiar distinguishing marks or characteristics.
D. All jewelry shall be described as to kind, character and whether
lady's or gentleman's, number of stones, identification
of each stone (if known), shape of stone, and any initials, inscriptions
or peculiar distinguishing marks or characteristics of the stones.
E. Chain-style necklaces shall be designated by kind, character of metal
or other material, design of link and whether lady's, gentleman's
or child's and, in all cases, any inscriptions, initials or peculiar
distinguishing marks or characteristics.
F. Silverware shall be designated by the kind, character, maker's
name, any initials, inscriptions or peculiar distinguishing marks
or characteristics, and the number of pieces of each type.
G. Furs shall be designated by kind, character, whether lady's,
gentleman's or child's, color, maker's, owner's
or alterer's name, if any is attached, or any initials, inscriptions
or peculiar distinguishing marks or characteristics.
H. Field, marine and open glasses, binoculars, etc., shall be designated
by full description, maker's or owner's name and all initials,
inscriptions or peculiar distinguishing marks or characteristics,
whether upon the case or the instruments.
I. Instruments, such as surgical, architectural, mathematical, surveying,
etc., shall be designated by the kind, character, design, name of
maker and any initials, inscriptions or peculiar distinguishing marks
or characteristics, whether upon the case or the instruments.
J. Tools shall be designated by the trade in which the same may be used,
whether carpenter's, machinist's or otherwise, all numbers,
name or number of maker and any initials, inscriptions or peculiar
distinguishing marks or characteristics, whether upon the tools or
upon the box or case.
K. Clothing shall be designated by kind, character, whether lady's,
gentleman's or child's, color, size, material, maker's,
owner's or alterer's name, if attached, and any initials,
inscriptions or peculiar distinguishing marks or characteristics.
A pawnbroker, dealer, or secondhand dealer may not transfer,
alter or dispose of any secondhand property for a period of 30 days
after the date upon which the transaction was reported to the Sheriff's
Pawn Unit. This section does not apply to secondhand precious metal
object dealers regulated pursuant to Md. Code Ann., Subtitle 12, Business
Regulation Article, or to property that may be redeemed or repurchased
with the original pawn ticket by the person who pawned the property
or by that person's authorized agent.
All secondhand personal property and precious metals shall,
within 24 hours of acquisition by the dealer, secondhand dealer, or
pawnbroker, be tagged with the transaction number, item description
and date acquired. An item listed in this section may not be sold
until such time as the item is in compliance with this section.
A dealer, secondhand dealer, or pawnbroker may utilize an off-site
storage location within Cecil County, provided that the location is
approved by the Sheriff's Pawn Unit and the contents of the offsite
storage are available for inspection by the Sheriff's Pawn Unit
upon reasonable request. If the item being stored is a vehicle, it
shall be secured in a locked, fenced location.