(A) 
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Junk dealer.
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.
Pawnbroker.
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.
Person.
Any individual, partnership, corporation, firm or association or any combination thereof.
Secondhand dealer.
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A license shall be denied to any applicant whose license was revoked for cause or who was a partner, officer, director, trustee, manager or stockholder of any corporation or unincorporated association the license of which was revoked for cause.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)
(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)