[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.
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:
Engages in the business of lending money on the deposit or pledge
of personal property;
Purchases personal property with the expressed or implied agreement
or understanding to sell it back at a stipulated price; or
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.
A person engaged in the business of purchasing, trading,
bartering or exchanging 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:
Jewelry of any kind and of any metal;
Gold, silver, or other precious metals in whatever form except
coins or bullion;
Any precious stone;
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
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.
A.
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:
(1)
Name of item;
(2)
Descriptions of the item, including make and model number, if any;
(3)
Serial number and other identifying mark(s), if any;
(4)
Date, time and type of the transaction;
(5)
Name and address of the person offering the item;
(6)
Description of the person offering the item, including sex, complexion,
hair color, approximate height and weight, and date of birth; and
(7)
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.
B.
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.
C.
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.
D.
Persistent or frequent erroneous or incomplete entries in or delays
in submitting the above required reports shall constitute a violation
of this section.
E.
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.
F.
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:
A.
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.
B.
Used motor vehicle dealers.
C.
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.
D.
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.
E.
Individuals who sell and purchase items at neighborhood garage sales
and who are not in the business of reselling those items.
F.
Nonprofit or charitable, secondhand goods or thrift shops.
G.
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.
H.
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:
