The intent of this chapter is to ensure compliance of pawnshops
to deal in legally obtained items and to regulate said business pursuant
to RSA 322:2 and 398:7.
As used in this chapter, the following terms shall have the
meanings indicated:
CITY
City of Laconia, New Hampshire.
MONEY
Includes United States currency, money orders, certified
checks, traveler's checks, and any other item used as payment
or barter of a pawned item.
PAWNBROKER
Any person, firm, partnership or corporation whose business
includes any transaction wherein there is the lending of money secured
by taking possession of property, with interest charged thereon, with
the right to sell the property if not redeemed. A person, firm, partnership
or corporation shall be deemed to be a pawnbroker whether the transaction
takes the form of a loan by the pawnbroker secured by the property
or a sale to the pawnbroker with the right to repurchase within a
specified period of time.
PAWNSHOP
Any individual engaged in business as a pawnbroker as the
term is used in RSA 398.
POLICE
City of Laconia, New Hampshire, Police Department.
PROPERTY
Any tangible item which could be, has been, or will be used
for purchasing, selling, or bartering purposes.
SECONDHAND DEALER
A.
Any person, firm, partnership or corporation whose business
is the retail buying, selling, buy-back or exchanging of, or dealing
in or dealing with, secondhand articles and property. Secondhand dealers
are regulated according to RSA 322.
B.
However, the definition of "secondhand dealer" shall only apply
to any person, firm, partnership or corporation who purchases secondhand
articles directly from the general public.
SELLER
Any person receiving item(s) or money from a pawnbroker or
his/her designee, whether by monetary funds or barter.
STATE
The State of New Hampshire.
TRANSACTION
A business dealing conducted by a pawnbroker or his/her designee,
whether by monetary funds or barter.
All pawnshops and secondhand dealers shall comply with the provisions of RSA 398 and 322 and shall be duly licensed by the state if so required and by the City of Laconia Licensing Board pursuant to Chapter
161 of the City Code.
No person, firm, partnership or corporation shall operate, conduct
or engage in business as a pawnbroker or secondhand dealer unless
such person, firm, partnership or corporation obtains a license from
the City through the City of Laconia Licensing Board. Applications
for licenses for pawnbrokers or secondhand dealers shall be made in
writing to the City of Laconia.
A. Investigation of applicants. All applications shall be submitted
by the City of Laconia Licensing Board to the Chief of Police, who
shall cause an investigation to be made of the fitness of the applicant
and the applicant's employees to carry on the business of pawnbroker
or secondhand dealer. The Chief of Police shall then report his or
her findings to the City of Laconia Licensing Board. No license shall
be issued to any firm, corporation, owner or person to include employees
directly or indirectly involved in the purchase of secondhand articles
who or which has been previously convicted within the preceding 10
years of any theft-related offenses, to include, but not limited to,
theft, burglary, receiving stolen property or fraud in this state
or any state or territory of the United States.
B. Location. The license shall be issued for a specific location within
the City of Laconia and is not transferable to any other person, firm,
partnership or corporation.
C. Fee. The license fee shall be $100 for initial application fee and
$25 renewal each year, due in January.
D. Display of license. Licensees shall display their current license
in a conspicuous place within the business where it may be readily
viewed by the general public.
E. Expiration; revocation. A numbered license shall be issued and continue
in full force until April 1 of each year unless revoked prior to this
date by the City of Laconia Licensing Board at any time after notice
to the licensee and hearing on the charges proffered. Applicants must
annually file for and receive a license, or renewal of same, in order
to operate in compliance with this section.
Every pawnbroker and secondhand dealer shall keep and maintain
a complete written record of each such transaction of money and/or
property. This record, which must be kept on file for seven years,
shall be in the English language and include a complete and thorough
description of the following:
A. Date and time of purchase.
B. The amount of money paid or loaned and the rate of interest to be
paid on said loan.
C. Name and address of the seller or pledger.
E. Brand name/make/manufacturer (if applicable).
F. Model number (if applicable).
G. Serial number (if applicable).
I. Any other identifying marks, writing, engraving, etc.
J. If jewelry, the metal, kind and number of stones, karat (if known).
Pawnbrokers and secondhand dealers shall retain each original
transaction record in his or her possession for a period of seven
years. The record, along with the respective property, shall be kept
or stored in or upon the licensed premises. The licensed premises
may be inspected at any time by a duly authorized police officer.
New Hampshire RSA 398:13 and 322:7 provide for this inspection process,
and RSA 398:14 and 322:8 make any willful obstruction of the police
a misdemeanor.