As used in this article, the following terms shall have the
meanings indicated:
The lending of money on the security of pledged tangible
personal property that is delivered to a pawnbroker and held by the
pawnbroker. The term also includes the purchase of tangible personal
property on the condition that it may be repurchased by the seller
for a fixed price within a fixed period of time.
A person who engages in pawn transactions.
Includes motor vehicles, but does not include documents evidencing
title to motor vehicles. The term also does not include checks, drafts
or similar instruments or real estate.
No person, firm or corporation shall engage in the business of a pawnbroker as herein defined without obtaining and maintaining a valid pawnbroker license from the City. Licenses shall be obtained in accordance with the requirements of Article I of this chapter. Once issued, licenses shall be posted in a conspicuous place at the licensed premises.
[Amended 11-4-2013]
Every pawnbroker, at the time of receiving any article pawned,
pledged or received in exchange, or any other article or consideration,
shall give the consumer a signed, written disclosure satisfying the
requirements of 30-A M.R.S.A. § 3962(2), as may be amended
from time to time, and shall complete a sworn statement, forms for
which shall be furnished by or approved by the Police Chief or his/her
designee, stating the full name, age, sex and address of the person
with whom the transaction is being made, the day and hour when the
transaction took place, and a full, accurate and detailed description,
including all distinguishing marks and numbers of each article so
pawned, pledged or exchanged as will make its identification certain
and plain; and the fair market value thereof and the price paid by
the pawnbroker; the source from which and the time when the consumer
procured the same, and cause such statement to be signed and sworn
to by the person with whom such transaction has been made, and within
48 hours after the transaction shall electronically report the relevant
information contained in the sworn statement to the Police Chief or
his/her designee, together with a digital photograph of any articles
pawned, pledged or otherwise received by the pawnbroker. Before recording
this information, the pawnbroker shall require reasonable written
proof of the consumer's identification in the form of a motor vehicle
operator's license, military identification card, adult state-issued
identification card or similar item. The Police Chief or his/her designee
may require that notice of transactions be provided in an alternative
manner or to additional locations. The pawnbroker shall retain the
statement and photograph in his or her possession, which, together
with any article therein listed, may be inspected by any police officer
at any and all times.
No pawnbroker shall directly or indirectly either purchase or
receive by way of barter or exchange any goods or articles from a
minor, knowing or having reason to believe him or her to be such,
unless the minor is accompanied by his or her parent or guardian.
[Amended 11-4-2013]
Any article purchased outright by a pawnbroker shall be retained
on the premises for not less than 10 days unless the Police Chief
or his/her designee authorizes an earlier release of the article.
In addition to the display of licenses required by this chapter
for all licensees, every pawnbroker shall post in a conspicuous location
in his or her place of business a copy of the Maine statutes applicable
to pawnbrokers and a copy of this article.
Except to the extent that this article contains a contrary provision,
all provisions of 30-A M.R.S.A. §§ 3960 to 3964-A,
as may be amended from time to time, shall be required in addition
to the provisions of this article.
