[Adopted by the County Council of Cecil County 10-18-2016 by Bill No. 2016-22. Amendments noted where applicable.]
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.
A self-service device that is designed to dispense payment
in exchange for personal property; also known as a "reverse vending
machine."
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.
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.
Property provided as security for a loan, pledge, or guaranty;
the condition of being held as a pledge against the payment of a loan.
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.
An individual or business that engages in pawn transactions.
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.
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.
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.
Previously owned personal property offered for commercial
resale or as collateral by any person, other than the manufacturer,
wholesale distributor, or original retail seller.
A.
Every pawnbroker, dealer, or secondhand dealer doing business in
the County on or after the effective date of this chapter shall be
required to purchase a license for each location at which the pawnbroker,
dealer, or secondhand dealer conducts business in this County. Each
license issued by the County shall be valid for the term of one year,
beginning on July 1 and expiring on June 30 of the following year.
The license shall be issued by the Department of Permits and Inspections.
The price of the license shall be set annually by the County Council
and listed on a fee schedule maintained by the Department of Finance.
The fee for Fiscal Year 2017 shall be $250.[1] Pawnbrokers, dealers, and secondhand dealers will also
be required to pay for any administrative/reporting fees that may
be required. License, administrative and/or reporting fees are nonrefundable.
[1]
Editor's Note: Bill No. 2016-22 provided that this fee
is prorated and shall be in the amount of $125 for all businesses
obtaining licensure in Fiscal Year 2017.
B.
Upon each license application or renewal, all license holders, applicants,
and employees shall submit to a national and state criminal history
check performed by the Cecil County Sheriff's Office, and no
applicant, license holder up for renewal, or employee of such applicant
or license holder shall have been convicted of felonies, crimes of
theft, fraud, or precious metal, pawnbroker or secondhand dealer law.
C.
Each licensee shall display the current County license and current
Maryland Department of Labor, Licensing and Regulation license conspicuously
in the place of business of the licensee.
D.
A license issued under this subsection is not transferable.
E.
Licenses are not required for businesses or employees where regulation
of such businesses or their employees is preempted by State of Maryland
or federal law, as, for example, and not by way of limitation, motor
vehicle sales, sale of used equipment by a licensed auctioneer or
auction house, and the like.
A.
Every pawnbroker, dealer, and secondhand dealer (including their
employees) doing business in the County shall cause to be written
in a legible, complete and accurate manner, on forms supplied by the
Sheriff of the County, a list of articles and secondhand personal
property bought, traded or pledged, and shall forward, in electronic
format, the same daily to the Sheriff's Pawn Unit. A separate
entry shall be made for each item purchased within the transaction.
Each entry shall include a statement as to whether the item was received
in its original box and whether it appears to be new in the box. The
above reports made to the Sheriff's Pawn Unit and articles purchased
shall be open to the inspection of such persons as, in the discretion
of the Sheriff's Pawn Unit, may be regarded as having an interest
in the same. Pawnbrokers and secondhand dealers shall keep all records
and receipts required by this section at the business location for
a minimum of three years from the date of the latest record transaction.
B.
In addition, pursuant to standards and forms established by the Sheriff,
all pawnbrokers and secondhand dealers shall use a uniform bill of
sale, ticket or receipt for all items purchased, traded, or taken
on pledge by them. Pawnbrokers and secondhand dealers must file with
the Sheriff in electronic format the same daily, and keep all records
and receipts required by this section at the business location for
a minimum of three years from the date of the latest record transaction.
C.
Pawnbrokers, dealers, and secondhand dealers may not acquire precious
metal objects or secondhand personal property, or take any merchandise
in a pawn transaction or secondhand personal property transaction,
from an individual who is a minor.
D.
Pawnbrokers, dealers, and secondhand dealers shall:
(1)
Obtain a valid state driver's license or state identification
card or, if that is unavailable, two forms of valid identification,
one of which must be a government-issued photo identification card
that positively identifies the person from whom the pawnbroker, dealer,
or secondhand dealer obtained an article.
(2)
Photograph, photocopy or scan the identification provided and document
the name, date of birth, the individual's sex, race, any distinguishing
features, age, height and weight and driver's license number
of the individual, together with a current phone number, on the forms
provided by the Sheriff's Pawn Unit.
(3)
Provide a statement indicating whether or not the person making the
transaction is personally known to the pawnbroker, dealer, or secondhand
dealer.
(4)
Obtain the signature of the person from whom the precious metal object
or secondhand personal property is acquired, along with the name and
signature of the dealer, secondhand dealer, or employee who accepted
the item(s).
E.
The records set forth in this section are exempt from Title 10, Subtitle
6, of the State Government Article.
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.
A.
When contacted by law enforcement or by the Sheriff's Pawn Unit
with a request to have an item placed on hold that is still within
the required thirty-day hold period and/or the business is still in
possession of an article, precious metal object, or secondhand property,
the dealer, secondhand dealer, or pawnbroker shall hold that item
for investigative purposes until it is determined by law enforcement
or the Sheriff's Pawn Unit that the item will either be seized,
it is determined that the item is no longer needed for investigative
purposes, or 45 days, whichever shall first occur.
B.
In circumstances where law enforcement is able to determine that
an item has been stolen or is evidence related to a crime or criminal
investigation, law enforcement may seize the item from a dealer, secondhand
dealer, or pawnbroker and hold the item until the criminal proceedings
reach a final decision or the criminal investigation is closed without
charges. In all such instances, the seizure shall be documented on
a form provided by the Sheriff's Pawn Unit.
C.
When contacted by law enforcement or by the Sheriff's Pawn Unit
to have an item/transaction placed on hold or if the item is seized
in accordance with this section, the dealer, secondhand dealer, or
pawnbroker (and its employees) shall keep that information confidential.
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.
A.
All dealers, secondhand dealers, pawnbrokers, licensees, and their employees shall at all times comply with the provisions set forth in §§ 262-1 through 262-9. The licensee is responsible for all transactions conducted by its employees who operate under its license as a pawnbroker. In order to assure compliance with the provisions set forth herein, the Cecil County Sheriff's Office and/or the Cecil County Department of Permits and Inspections shall have the right, during normal business hours, to inspect the licensee's premises and records without advance notice to the licensee.
B.
Whenever, in this Code or in any law, resolution, local law, rule,
regulation or order of the County, any act is prohibited or made or
declared to be unlawful or a criminal offense, or whenever, in such
Code or law, resolution, local law, rule, regulation or order, the
doing of any act is required or the failure to do any act is declared
to be unlawful or an offense or a misdemeanor, where no specific penalty
is provided therefor, the violation of any such provision of this
Code or any law, resolution, local law, rule, regulation or order
shall be punished by a fine not to exceed $500 per day, per transaction,
for each violation of this chapter, or by imprisonment for not more
than six months, or both, in the discretion of the court.
