As used in this article, the following terms shall have the meanings indicated:
PAWN TRANSACTION
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.
PAWNBROKER
A person who engages in pawn transactions.
TANGIBLE PERSONAL PROPERTY
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.
In addition to those standards set forth in § 205-8, a license shall be denied if an applicant has a disqualifying criminal conviction or otherwise fails to comply with the requirements of § 205-9.
[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.