[HISTORY: Adopted by the Harford County Council
by Bill No. 17-006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 72.
Peddling and soliciting — See Ch. 197.
Special sales — See Ch. 211.
[1]
Editor’s Note: This bill also repealed
former Ch. 188, Pawnbrokers, adopted by Bill No. 75-76, as amended.
The purpose of this chapter is to protect the health, safety,
and general welfare of the citizens of Harford County by establishing
procedures that regulate pawnshops in order to identify stolen property,
prevent the disposition of stolen property, and to return stolen property
to its owner.
A self-service device that is designed to dispense money
in exchange for personal property and is also known as a reverse vending
machine.
Harford County Department of Inspections, Licenses and Permits.
A person who is employed by a pawnbroker to buy, sell or
supervise the buying or selling of secondhand personal property or
other articles and objects that are pawned, bought or sold under the
license of a pawnbroker.
A device constructed of paper, plastic, or any other material
that is sold or isuued by a person for a cash value that can be used
to purchase goods or services or is issued as a store credit for returned
goods; and is also known as and includes a gift certificate.
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.
A person who engages in pawn transactions.
A precious metal object is:
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 Paragraph
A above or any alloy of a precious metal; or
An object that is composed of a precious metal listed in Paragraph
A above or any alloy of a precious metal if:
Previously owned personal property offered for commercial
sale or as collateral by any person, other than the manufacturer,
wholesale distributor, or original retail seller. Secondhand personal
property does not include personal property purchased at a public
sale, precious metals or coins.
The elected Sheriff of Harford County or any of the Sheriff's
deputies.
A.
Every pawnbroker prior to doing business in the County shall purchase a license for that purpose. Such license shall be for the term of 1 year, beginning on January 1 and expiring on December 31 of the following year. The license shall be issued by the Department at the cost provided in § 157-24 of the County Code. The pawnbroker must also pay any administrative and reporting fees that are required.
B.
All license holders and applicants at the time of each license application
or renewal shall submit to a state criminal history check and pay
the cost therefor. No applicant or license holder shall have been
convicted of any felony, and/or any crimes of theft, fraud, precious
metal, and/or pawnbroker law violations.
C.
An application for a pawnbroker license shall include:
(1)
The location, mailing address, and phone number of the premises where
the pawnbroker will operate.
(2)
The location, mailing address, and phone number of any off-site storage
location where the pawnbroker will store items.
(3)
If the pawnbroker is not the owner of the premises, written acknowledgement
from the owner of the premises approving the use of the premises to
engage in pawnbroker transactions.
(4)
If the pawnbroker is not the owner of the off-site storage location,
written acknowledgement from the owner of the off-site storage location
approving the use of the off-site storage location to store items.
(5)
If the pawnbroker is not the owner of the premises or off-site storage
location, a copy of their current lease shall be included with their
application.
(6)
Any off-site storage area shall be approved in advance by the Sheriff.
If a vehicle is being stored it shall be secured in a locked building
or fenced in lot.
(7)
An application shall include, on a form provided by the Sheriff,
authorization for inspection by the Sheriff and law enforcement during
business hours to inspect a record required to be maintained under
this chapter or secondhand personal property as part of a stolen property
investigation.
(8)
An application shall include a summary of the applicant's business
history in any jurisdiction including their business license and permit
history and whether any business-related license or permit has been
denied, suspended or revoked and the reasons therefor.
(9)
During the term of the license, if there is a change of information
that a person provided in an application for a license or license
renewal, the person must report the change to the Department within
30 days after the change occurs.
D.
Each licensee shall display the current County license and any current
Maryland Department of Labor and Licensing Regulation (DLLR) license
conspicuously in the place of the business of the licensee.
E.
The pawnbroker license issued under this chapter is not transferable
and is valid only for a single business location.
A.
A pawnbroker must completely and legibly record in the English language
every transaction at the time of the receipt, pawn, sale, purchase,
barter, pledge, exchange or redemption of any article on forms supplied
by or in a electronic data storage media in a format approved by the
Harford County Sheriff. A separate entry shall be made for each article
involved in the transaction and identified by a unique, legible number.
Each entry shall include a statement as to whether the article was
in its original box and whether it appears to be new. Each item acquired
shall be tagged with a separate transaction number, item description
and date of acquisition. The transaction number on the tag must be
the same as the transaction report number for the item.
B.
A pawnbroker must use a uniform bill of sale, ticket or receipt in
a format provided by the Sheriff for every transaction.
C.
A pawnbroker must report to the Sheriff all transactions by transmitting
them electronically by noon the next business day following the transaction.
A pawnbroker shall also file within 2 business days of the completed
transaction with the Sheriff a written copy of each report required
by this section and also maintain the original for a minimum of 3
years from the date of the transaction.
D.
Positive identification shall be required for all transactions. A
pawnbroker must obtain from the individual involved in the transaction
either a current valid state driver's license or a current valid
state identification card. If neither form of identification is available
then in substitution thereof 2 current valid forms of identification,
one of which must be a government issued identification card, is acceptable.
The pawnbroker shall either photograph or scan the identification
card(s) and document the name, date of birth, sex, race, distinguishing
features, age, height, weight, date of birth, current phone number,
and driver's license number on a form provided by the Sheriff.
A pawnbroker shall indicate on the form whether the individual making
the transaction is personally known. The form shall also be personally
signed by the person making the transaction. The pawnbroker or employee
involved in the transaction shall also personally sign the form.
E.
All pawn stores shall be equipped with electronic monitoring/recording
equipment that records all public and nonpublic entrances and exits
to the building and all transactions being conducted. The equipment
shall consist of video or digital imaging of a sufficient resolution
and clarity to be easily monitored and reviewed on playback. All stores
must keep an archive of video for 60 days which shall be available
to the Sheriff upon request.
F.
A sign of sufficient size informing a customer of the videotaping
shall be located in a conspicuous place on the premises.
G.
A pawnbroker shall not engage in any pawn transaction with either
a minor or an individual who is visibly intoxicated or under the influence.
H.
A record maintained pursuant to this section is not a public record
and is not subject to Title 4 of the General Provisions Article of
the Annotated Code of Maryland.
A pawnbroker must provide, at a minimum, the following information and items when submitting the report of pawn transactions required in § 188-4, following these instructions:
A.
All articles shall be photographed and reported by the manufacturer's
name and number, the color and size, serial number, model number,
year of manufacture if known, together with any initials, inscriptions
or any peculiar distinguishing marks and characteristics.
B.
Diamonds and other precious stones shall be described by giving the
approximate weight of the stone, style of mounting, shape of the stone,
whether a woman's or man's ring, the number of stones and
any initials, inscriptions, scratch numbers or peculiar distinguishing
marks and characteristics.
C.
Watches shall be designated by the type of metal, manufacturer's
name, movement number, case number, type of movement, whether it is
a woman's or man's watch, and any initials, inscriptions,
scratch numbers or peculiar distinguishing marks and characteristics.
D.
All jewelry shall be described as to kind, character and whether
woman's or man's, number of stones, name of each stone,
shape of each stone, and any initials, inscriptions or peculiar distinguishing
marks or characteristics.
E.
Chains shall be designated by kind, character of metal or other material,
design of link and whether woman's, man's or child's
and, in all cases, any inscriptions, initials or peculiar distinguishing
marks or characteristics.
F.
Silverware shall be designated by kind, character, maker's name
and 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 woman's,
man'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 opera 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.
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 located upon the case or the instruments.
J.
Musical instruments shall be designated by type of instrument, name
of maker and any initials, inscriptions or peculiar distinguishing
marks or characteristics, whether upon the musical instrument or the
case.
K.
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.
L.
Clothing shall be designated by kind, character, whether woman's,
man'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.
A pawnbroker may not transfer or dispose of any secondhand personal
property or other articles and objects for a period of 30 days after
the date upon which the pawn transaction was reported to the Sheriff,
except that the property may be redeemed or repurchased with the original
pawn ticket by the person who pawned the property or by that person's
authorized agent.
B.
All held property must remain in the same form as when received,
must not be sold, dismantled or otherwise disposed of, and must be
kept separate and apart from all other property during the holding
period to prevent theft or accidental sale and to allow for identification
and examination by the Sheriff. Held property must be kept at the
business location during the holding period.
When a pawnbroker is requested by any law enforcement officer to have an item which is either still within the 30 day hold period required by § 188-6 or otherwise in their possession placed on hold, the pawnbroker shall hold that item for investigative purposes until it is determined by a law enforcement agency that either the item is to be seized or that it is no longer needed for investigative purposes. Law enforcement may seize an item other than a security or printed evidence of indebtedness from a pawnbroker if the item is established to have been stolen; the owner of the item or victim of the theft has positively identified the item; the owner of the item or the agent or designee of the owner has provided an affidavit of ownership; the stolen property report describes the item by: a date, initials, an insurance record, a photograph, a sales receipt, a serial number, specific damage, a statement of the facts that show that the item is one of a kind, or a unique engraving. At the time of seizure, it shall be documented on a form provided by the Sheriff.
Any inquiry regarding an item which either has been requested
by the Sheriff or other law enforcement agency to be held for an additional
period or has been released as stolen to a law enforcement agency
shall be directed to that law enforcement agency for information.
A.
An automated purchasing machine is prohibited from being used anywhere
in the County except for an automated purchasing machine that is used
exclusively for collecting recyclable materials in accordance with
a recycling program approved by the Maryland Department of the Environment.
B.
A pawnbroker or their employee is prohibited from purchasing or otherwise
transacting in a gift card, store credit/merchandise card, gift certificate,
activated phone card or similar items.
C.
A pawnbroker or their employee is prohibited from purchasing or otherwise
transacting in property with serial numbers, personalized inscriptions
or initals or other identifying marks that appear to have been intentionally
altered or rendered illegible.
A pawnbroker shall be responsible for all transactions conducted
by any employee who operates under their pawnbroker license.
An order denying, suspending, or revoking a pawnbroker license
may be issued for the following reasons:
A.
The information provided by the licensee or applicant in the application
is incorrect, incomplete, or has not been updated as required by this
chapter;
B.
The licensee or applicant has been convicted of any felony, or any
crime of theft, fraud, precious metal and pawnbroker law violations.
C.
The licensee or applicant's permit or license to act as a pawnbroker
in any jurisdiction has been denied, revoked, or suspended;
D.
A licensee has failed to comply with a notice of violation; or
E.
The licensee or applicant has violated one or more of the provisions
of this chapter.
A violation of this chapter shall be a misdemeanor and shall
be punished by a fine not to exceed $1000 or by imprisonment for not
more than 90 days, or both, in the discretion of the court.
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid for any reason in a
court of competent jurisdiction, the invalidity does not affect other
provisions or any other application of this chapter which can be given
effect without the invalid provision or application, and for this
purpose the provisions of this chapter are declared severable.
