(A)
Junk dealer.
Pawnbroker.
Person.
Secondhand dealer.
For
the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
A person engaged in the business of purchasing or selling
secondhand or cast-off material of any kind, which is commonly known
as and is hereinafter designated and referred to as “junk”
such as old iron, copper, brass, lead, zinc, tin, steel and other
metals, metallic cables, wires, ropes, cordage, bottles, bagging,
rags, rubber, paper and other materials.
A person engaged in the business of lending money on the
deposit or pledge of personal property or who purchases personal property
with an expressed or implied agreement or understanding to sell it
back at a stipulated price. If a pawnbroker also purchases used merchandise
for resale, he or she must do so in accordance with the provisions
of this chapter.
Any individual, partnership, corporation, firm or association
or any combination thereof.
A person whose primary business is conducting a secondhand
store or dealing in secondhand goods, other than used car dealers
and merchants taking furniture, appliances and like items, whether
or not the person, in addition to or in connection with the secondhand
business keeps in stock for retail, goods, wares or merchandise.
(B)
Any
business defined herein which deals with or purchases gold, silver
or platinum is subject to the specific requirements set forth in this
chapter for these items.
(Ordinance 1988-05 adopted 4/11/88)
(A)
It
is unlawful for a person to engage in any business coming under the
provisions of this chapter without first obtaining a license therefor.
(B)
An
application therefor shall be submitted to the office of the land
use administrator. The license fee is set in the licensing and registration
ordinances.
(Ordinance 1988-05 adopted 4/11/88 Penalty, see section 115.99)
(A)
(1)
An applicant for a license as a pawnbroker must be of good moral
character and shall not have been convicted of any felony or crime
involving moral turpitude.
(2)
A license shall be denied to any applicant whose license was revoked
for cause or who was a partner, officer, director, trustee, manager
or stockholder of any corporation or unincorporated association the
license of which was revoked for cause.
(B)
(1)
Any application for license as a pawnbroker shall be referred to
the sheriff’s department for investigation as to the qualifications
of the applicant and as to the truth of all statements in the application.
(2)
In making their investigation, the sheriff shall use current methods
of police inquiry, including, without limitation, fingerprints and
photographs. The sheriff shall, as soon as practical, make their report
to the office of the land use administrator who shall authorize the
granting in the license by the office of the county clerk only if
the report is favorable and if the land use administrator or appropriate
land use body has approved a development permit when necessary. Upon
obtaining a permit every pawnbroker shall register with the sheriff’s
department. The applicant may appeal a denial of his or her application
to the board of county commissioners, as provided in NMSA, section
3-38-2.
(Ordinance 1988-05 adopted 4/11/88)
(A)
Before
a license can be granted, a person seeking a license as a pawnbroker
must execute and deliver a bond to the county clerk to be approved
by the office of the land use administrator and the county attorney
in the penal sum of $5,000.00 with a corporate surety authorized by
laws of the state to write surety bonds therein and conditioned for
the conduct of the pawnbroker business according to the law and for
the true and faithful observance of applicable provisions of this
chapter and other ordinances pertaining thereto; the bond shall be
for the benefit of the county and of every person damaged by breach
of any condition hereof. Every pawnbroker shall provide the county
with 30 days’ notice, in writing, of the cancellation of the
bond.
(B)
(1)
It is the duty of every person engaged in the business of a pawnbroker
to furnish an accurate and complete record each business day to the
sheriff s department on forms to be furnished by the county of all
property received or purchased during the preceding business day.
(2)
Each item shall be listed on a separate report form and shall be
tagged with an identifying number which will correlate to a report
number. The report shall include:
(a)
The name of the item;
(b)
A description of the items including make and model, if any;
(c)
Serial numbers and other identifying marks;
(d)
The date, time and type of transaction;
(e)
The name and address of the persons offering the item;
(f)
A description of the person offering the item, including age, sex,
complexion, hair color, approximate height and weight and date of
birth;
(g)
The type of identification used by the person offering the item and
identifying number of the identification (If the person presents a
driver’s license, the report shall also indicate the state of
issuance); and
(h)
Other information which may be required.
(C)
A license
is not assignable or transferable to any other person. If the licensee
sells, transfers or assigns the business, the succeeding owner shall
obtain a new license. Any change in the members of a partnership,
10% or more of the membership of an association or 10% or more of
the voting stock of a corporation holding a pawnbroker’s license
will constitute a change in ownership of the business requiring a
new application.
(Ordinance 1988-05 adopted 4/11/88)
(A)
Every
junk dealer who, in addition to, or in connection with this junk business,
carries on a regular secondhand business, or keeps in stock for retail
any substantial quantity of new personal property for the sale of
which either a license or an occupation tax is imposed shall, notwithstanding
the license fee paid by him or her as a junk dealer, be subject to
and shall in addition pay the license fee or occupation tax as is
prescribed for the particular business so conducted.
(B)
(1)
It is the duty of every person engaged in the business of secondhand
dealer,pawnbroker or junk dealer in the county to provide a well-bound
book to be kept at his or her place of business in which a record
of all transactions had by the person shall be kept. All items shall
be tagged and numbered so that a correlation may be made with the
required transaction record.
(2)
The record shall contain:
(a)
An accurate and complete description of every article taken (with
identifying number) in as a pledge or purchased, including serial
numbers, if any;
(b)
An accurate and complete description of the person from whom the
goods were received or purchased; and
(c)
The name of the person and his or her house and street address.
(3)
The record book shall be open at all times to the inspection of any
member of the county sheriff’s department, state police or any
person authorized by the county.
(C)
(1)
No pawnbroker, secondhand dealer or junk dealer shall sell or remove
from his or her place of business any secondhand goods purchased by
him or her until the same have been in his or her possession for not
less than five working days.
(2)
All gold, silver and platinum shall be retained by secondhand dealers,
pawnbrokers and junk dealers in the form in which purchased for a
period of five working days.
(D)
Secondhand
dealers, pawnbrokers and junk dealers may operate their businesses
only between the hours of 8:00 a.m. and 6:00 p.m. each day and shall
keep their businesses closed to the public at all other times.
(E)
(1)
The place where articles are kept or stored by secondhand dealers,
pawnbrokers and junk dealers within the county shall, at all times,
be kept in a sanitary condition.
(2)
The place of business of any person coming under the provisions of
this chapter shall, at all reasonable times, be open to inspection
by the county sheriff’s department or the public health officers
of the state, district or county.
(F)
(1)
No secondhand dealer shall, by virtue of his or her license, keep
more than one store, shop, house or place of buying, receiving or
selling secondhand goods or articles, but he or she may have or keep,
under and by virtue of a single secondhand dealer’s license,
more than one place for storage purposes.
(2)
No junk dealer shall store or hold junk at any location in the county
other than that specified in this license.
(G)
It
is unlawful for any secondhand dealer, pawnbroker or junk dealer to
falsify any record required under the provisions of this chapter or
for a licensee or any other person to furnish false information in
connection with the sale, pledge or exchange of any goods.
(H)
It
is unlawful for any secondhand dealer, pawnbroker or junk dealer in
the county to:
(1)
Buy or accept property as a pledge from any minor without the written
consent of the parent or guardian of the minor to so deliver or dispose
of the property; or
(2)
Knowingly buy or accept property as a pledge from any person who
is at the time intoxicated, an habitual drunkard, under the influence
of narcotic or other incapacitating drugs, a thief or an associate
of thieves, a receiver of stolen property or a person convicted of
a felony.
(I)
(1)
It is unlawful for any secondhand dealer, pawnbroker or junk dealer
to buy any property or receive the same as a pledge, if the property
is distinctly and plainly marked as being the property of any person
other than the party offering to sell or pledge the same unless the
party offering to sell or pledge the same shows satisfactory evidence,
in writing, that he or she is the lawful owner of the property or
has been [given] permission by the owner to pledge the property.
(2)
Failure to require the written evidence shall be prima facie evidence
of guilty knowledge on the part of the licensee, his or her agents
or employees that the party offering to pledge or sell the same is
not the rightful owner thereof and shall be sufficient cause for revocation
of the license of the licensee by the county after notice and public
hearing held before the board of county commissioners, as provided
in NMSA, section 3-38-2.
(Ordinance 1988-05 adopted 4/11/88 Penalty, see section 115.99)
The provisions of this chapter shall apply to any person presently
licensed as a secondhand dealer, pawnbroker or junk dealer by the
county.
(Ordinance 1988-05 adopted 4/11/88)
The requirements of this chapter shall apply to any agent or
employee of the persons engaged in the businesses defined herein.
(Ordinance 1988-05 adopted 4/11/88)
(A)
The
sheriff’s department has the right to confiscate from a licensee
any item which has been reported as being stolen or which the department
has reason or probable cause to believe has been stolen. The deputy
confiscating the property shall give a receipt therefor containing
sufficient information to identify adequately the item taken.
(B)
The
deputy confiscating suspect property from a licensee shall proceed
without delay to determine whether the item actually was stolen. Should
it be determined that the property was stolen, the item may be retained
as evidence or returned to its rightful owner; otherwise, the property
shall be returned to the licensee. As a condition of licensing, licensees
shall cooperate fully with the sheriff’s department in its efforts
to recover stolen property and, to this end, shall render all reasonable
aid and assistance.
(Ordinance 1988-05 adopted 4/11/88)
(A)
Any
person or his or her agents or employees, who violates any provision
of this chapter, shall, on conviction, be punished by a fine not to
exceed $300.00 or a prison sentence not to exceed 90 days, or both
a fine and term of imprisonment. A judge may suspend the sentence
in whole or in part.
(B)
Violation
of this chapter shall constitute sufficient cause for revocation of
the secondhand dealer’s, pawnbroker’s or junk dealer’s
license.
(Ordinance 1988-05 adopted 4/11/88)
