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.