[HISTORY: Adopted by the Board of County Commissioners of Doña Ana County 9-26-2017 by Ord. No. 293-2017. Amendments noted where applicable.]
The purpose of this chapter is to prevent frauds, unfair practices, discrimination against, impositions on or abuses of the residents of Doña Ana County; to ensure a sound system of making pawn transactions and acquiring and disposing of tangible personal property by and through pawnshops and to prevent unlawful pawn transactions, particularly in stolen property, through regulating pawnbrokers and certain persons employed by or in pawnshops; ensure financial responsibility to the public; ensure compliance with federal, state and local laws, rules, regulations and ordinances; and to protect from exploitation, abuse or its own improvidence that segment of society in this County which relies from time to time for its need upon money or credit extended by pawnbrokers and given upon the security of native art, handicraft or movable personal possessions.
This chapter shall be referred to as the "Pawnbrokers Ordinance."
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
- CERTIFICATE HOLDER
- A person to whom a business registration fee certificate has been issued pursuant to this chapter, including such person's agents and employees.
- As defined in 18 U.S.C. § 921.
- In addition to meaning an individual item, shall include a coherent unit, such as a tool set with a toolbox, for purposes of the reporting requirements of this chapter, provided that the contents of such units are reasonably described therein.
- A person who:
- A. Engages in the business of lending money on the deposit or pledge of personal property;
- B. Purchases personal property with the expressed or implied agreement or understanding to sell it back at a stipulated price; or
- C. Engages in the business of purchasing items of gold, silver, platinum or other precious metals or gems and reselling the product.
- Any individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized.
- SECONDHAND DEALER
- A person engaged in the business of purchasing, trading, bartering or exchanging secondhand goods.
- SECONDHAND GOODS
- Any item of personal property which is not purchased or sold as new. Secondhand goods do not include property purchased by one certificate holder in the normal course of business from another certificate holder. Secondhand goods shall include, but are not limited to, the following items:
- A. Jewelry of any kind and of any metal;
- B. Gold, silver, or other precious metals in whatever form except coins or bullion;
- C. Any precious stone;
- D. Consumer electronics intended for everyday use, most often in the entertainment, communications and office productivity area to include personal computers, telephones, MP3 players, audio equipment, televisions, calculators, GPS automotive electronics, digital cameras and recorders using video media such as DVDs, VCRs or camcorders; and
- E. Hand tools, power tools, and gardening tools.
The certificate provided for in this chapter does not constitute a waiver of any requirement or provision contained in any other County ordinance, state or federal law.
No person shall engage in the business of being a pawnbroker without having executed and delivered a bond to the County, in the sum of $5,000, with a corporate surety qualified to do business in the state. The bond shall be in a form approved by the County's community development department and shall be conditioned upon the conduct of such pawnbroker's business according to the provisions of this chapter and other County ordinances, state and federal law. The bond shall be for the benefit of each and every person damaged by a breach of any condition set forth in the bond. Every pawnbroker shall provide the County's community development department with 30 days' written notice of cancellation of bond.
Every pawnbroker or secondhand dealer shall each day accurately complete a report of all used property of every kind received or purchased during the preceding business day on a form approved by the Sheriff. A photo identification card shall be required of each person pawning or selling merchandise to a pawnbroker or secondhand dealer. Each item received shall be listed on a separate report form. The report shall include the following:
Name of item;
Descriptions of the item, including make and model number, if any;
Serial number and other identifying mark(s), if any;
Date, time and type of the transaction;
Name and address of the person offering the item;
Description of the person offering the item, including sex, complexion, hair color, approximate height and weight, and date of birth; and
Type of identification used by the person offering the item and the identifying number of the identification. If the person presents a driver's license, the report shall also indicate the state of issuance.
All reports required by this chapter shall be completed accurately and be made available by 12:00 noon of the day following the day that the property was received or purchased and said reports shall be made available for pickup by the Doña Ana Sheriff's Office within three days of the receipt or purchase of the property.
Property purchased directly from another certificate holder regulated by this chapter who has already reported the item pursuant to this chapter is exempt from the requirements of this chapter.
Persistent or frequent erroneous or incomplete entries in or delays in submitting the above required reports shall constitute a violation of this section.
All persons required to file reports as provided for in this section shall maintain a copy of each report for at least six months from the date the reported transaction occurred.
All required reports shall be submitted daily by the certificate holder to LeadsOnline, an online investigative system that links law enforcement agencies and businesses through web-based electronic reporting.
The reports and records of the certificate holder required pursuant to this chapter, as well as every item received in pawn, shall be available for inspection by the County's Community Development Department, the Attorney General, the Doña Ana County Sheriff or any sworn member of the Doña Ana County Sheriff's Office at all reasonable times.
Each item pawned or purchased or received by the certificate holder for which a report is required shall have attached thereto a tag with an alphabetic or numeric identification system matching the item with a corresponding report and record.
No certificate holder shall purchase or receive any item from the following:
This chapter does not apply to persons who are exclusively involved in the following businesses or transactions:
Junk dealers who deal in old metal, glass, paper, cordage, rags, rubber or other waste which may be treated so as to be used again in some form; vehicles or machines which are worn out and intended for scrapping; or any item considered to be junk for the purpose of trade. Junk does not include secondhand items or parts of secondhand items which are still usable for the purpose for which they were originally intended and are sold with a view to such further original use.
Used motor vehicle dealers.
Antique dealers who deal in paintings, furniture, china or other items painted or made more than 50 years ago and which are valuable primarily by reason of age, scarcity or the skill and craftsmanship of the artists and artisans. Antiques shall not include family heirlooms made of gold and silver or other precious metals.
Coin and bullion collectors or dealers. This exclusion does not exempt such collectors or dealers from compliance with the regulations as herein provided in relation to any gold, silver, platinum or other precious metal or jewelry which they may purchase, trade, barter or exchange in addition to their coin and bullion operations.
Individuals who sell and purchase items at neighborhood garage sales and who are not in the business of reselling those items.
Nonprofit or charitable, secondhand goods or thrift shops.
Licensed gun dealers. This exclusion does not exempt such dealers from compliance with the regulations as herein provided in relation to any gold, silver, platinum or other precious metal or jewelry which they may purchase, sell, trade, barter or exchange in addition to their gun business.
Consignment stores where a consignor transfers possession of personal property but not ownership to a consignor for sale with the understanding that the consignee pays the consignor a portion of the sales proceeds.
No certificate holder shall purchase or receive any item: