[HISTORY: Adopted by the Board of Aldermen
of the City of Nashua 8-9-2005 by Ord. No. O-05-97. Amendments noted
where applicable.]
This chapter is adopted by the Board of Aldermen
for the purpose of regulating transactions in items which have been
historically shown to be subject to theft and illicit transfer. The
function of the regulations contained in this chapter is to discourage
such theft and illicit transfer from occurring within the City and
to mandate the keeping of certain records which will assist victims
of theft in recovering their stolen property and which will assist
law enforcement authorities in the apprehension of perpetrators of
theft and detection of regulated parties intentionally transacting
business in stolen property. This chapter has been enacted pursuant
to the authority granted to the City of Nashua by New Hampshire Revised
Statutes Annotated Chapters 322 and 398.
[Amended 8-12-2008 by Ord. No. O-08-26]
As used in this chapter, the following terms
shall have the meanings indicated:
Any metal traded on the commodity market that sells for $0.50
per pound or greater, including, but not limited to, gold, silver,
platinum, brass, copper, copper alloy, aluminum, stainless steel,
rhodium, palladium, titanium and magnesium.
[Added 2-14-2012 by Ord. No. O-12-001]
Any person, firm, partnership, or corporation whose business
includes any transaction wherein there is the lending of money secured
by taking possession of property, with interest charged thereon, with
the right to sell the property if it is not redeemed. A person, firm,
partnership or corporation shall be deemed to be a pawnbroker whether
the transaction takes the form of a loan by the pawnbroker secured
by the property or a sale to the pawnbroker with the right to repurchase
within a specified period of time. Pawnbrokers are regulated according
to New Hampshire Revised Statutes Annotated Chapter 398.
[Amended 2-14-2012 by Ord. No. O-12-001]
Anything of value, including but not limited to jewelry,
watches, clocks, diamonds or other precious stones or gems, gold,
silver, platinum, other precious metals or commodity metals, musical
instruments and equipment, cameras, furs, fur coats or other kinds
of wearing apparel, televisions, DVD players, videocassette recorders
and other electronic equipment, tools, computers and computer equipment,
firearms, auto accessories and office and store fixtures and related
equipment. Property shall not include secondhand furniture or books.
[Added 2-14-2012 by Ord. No. O-12-001]
[Amended 9-22-2009 by Ord. No. O-09-73]
Any person, firm, partnership or corporation whose business
is the retail buying, selling, buy-back, exchanging, dealing in or
dealing with secondhand articles and property. Secondhand dealers
are regulated according to New Hampshire Revised Statutes Annotated
Chapter 322.
[Amended 2-14-2012 by Ord. No. O-12-001]
However, the definition of "secondhand dealer" shall not apply
to any person, firm, partnership, or corporation who does not purchase
secondhand articles directly from the general public.
The Board of Aldermen may license such persons
as they deem suitable to be pawnbrokers or secondhand dealers within
the City. All licenses so granted shall contain a clause that the
person so licensed agrees to abide by and be subject to all provisions
of this chapter as it may be from time to time amended.
[Amended 8-12-2008 by Ord. No. O-08-26]
No person, firm, partnership or corporation
shall operate, conduct or engage in business as a pawnbroker or secondhand
dealer unless such person, firm, partnership or corporation obtains
a license from the City of Nashua through the Board of Aldermen in
accordance with NH RSA 398:5 and RSA 322:1, respectively. Applications
for licenses for pawnbrokers or secondhand dealers shall be made in
writing to the City of Nashua on forms provided by the City of Nashua.
A.
Investigation of applicant. All applications shall be submitted by
the City Clerk to the Chief of Police, who shall cause an investigation
to be made of the fitness of the applicant and the applicant's
employees to carry on the business of pawnbroker or secondhand dealer.
The Chief of Police shall then report his or her findings to the Board
of Aldermen.
[Amended 2-14-2012 by Ord. No. O-12-001]
B.
Location. The license shall be issued for a specific location within
the City of Nashua and is not transferable to any other person, firm,
partnership or corporation.
[Amended 2-14-2012 by Ord. No. O-12-001]
C.
Fee. Upon approval by the Board of Aldermen, a fee
of $50 shall be paid by the applicant to the City Clerk prior to the
issuance of the license.
D.
Display of license. Licensees shall display their
current license in a conspicuous place within the business where it
may be readily viewed by the general public.
E.
Expiration; revocation. A numbered license shall be
issued and continue in full force until April 1 of each year unless
revoked prior to this date by the Board of Aldermen at any time after
notice to the licensee and hearing on the charges preferred.
[Amended 8-12-2008 by Ord. No. O-08-26; 2-14-2012 by Ord. No.
O-12-001]
Every pawnbroker and secondhand dealer shall keep and maintain
a complete written record of each such purchase. This record, which
must be kept on file for seven years, shall be in the English language
and include a full and accurate detailed description, including serial
numbers, of the item or items purchased, pawned or pledged; the date
and time of such transaction; the amount of money loaned and the rate
of interest to be paid on said loans; and, the full name and address
of the seller or pledger.
[Amended 2-14-2012 by Ord. No. O-12-001]
A.
Every pawnbroker and secondhand dealer shall require every seller
or pledger of items to produce, in person, a valid positive photographic
identification issued by a United States federal or state government
agency. The identification used must include the seller's or
pledger's full name, date of birth, and current street address.
The identification must have been issued in the past five years. The
type of identification used shall be noted on the transaction records.
At no time shall a pawnbroker or secondhand dealer accept another
person's photographic identification for any transaction. The
pawnbroker or secondhand dealer shall attach a photocopy of the identification
shown to the transaction record.
B.
No pawnbroker or secondhand dealer shall transact business with anyone
under 16 years of age, except when said minor is accompanied by a
parent or legal guardian who shall sign the transaction record.
[Amended 8-12-2008 by Ord. No. O-08-26; 2-14-2012 by Ord. No.
O-12-001]
A.
Every pawnbroker and secondhand dealer shall retain possession of
all property purchased for a thirty-day period subsequent to the purchase
thereof; provided, however, that any such item may be disposed of
by the purchaser within such thirty-day period with the written permission
of the Chief of Police.
B.
Property, including jewelry, shall be maintained in the condition
in which it was received, and shall not be altered, damaged, or destroyed
during the holding period for any purpose. Property must be maintained
at the dealer's licensed location during the holding period.
C.
Pawnbrokers shall retain nonperishable items for at least four months
and perishable items for at least one month after the date of deposit
for said article(s).
[Amended 2-14-2012 by Ord. No. O-12-001]
A.
Pawnbrokers and secondhand dealers shall electronically file documentation
of all transaction records to the Chief of Police, within 24 hours
of the end of said dealer's business day in which the transaction
occurred. If during any week a pawnbroker or secondhand dealer has
not purchased any items, he or she shall make a report of such fact
to the Chief of Police on or before 10:00 a.m. of the first business
day of the following week.
B.
All property purchased shall be photographed with a digital camera
or digital image scanner. A color digital image shall be saved in
a manner to allow it to be electronically sent to the Nashua Police
Department as part of the transaction record. The complete transaction
record shall be submitted on one standard-size page. The transaction
record shall include a color image of the identification used by the
seller, information documented by the dealer, and a clear color image
of the item(s) purchased. Miscellaneous amounts of jewelry will be
separated and not photographed in one aggregate pile. The image shall
be sent electronically in a PDF or JPG format.
C.
Every pawnbroker and secondhand dealer shall use the transaction
record form prescribed by the City of Nashua.
[Amended 2-14-2012 by Ord. No. O-12-001]
Pawnbrokers and secondhand dealers shall retain each original
transaction record in his or her possession for a period of seven
years. The records, along with the respective property, shall be kept
or stored in or upon the licensed premises. The licensed premises
may be inspected at any time by a duly authorized police officer.
New Hampshire RSA 398:13 and 322:7 provide for this inspection process
and RSA 398:14 and 322:8 make any willful obstruction of the police
a misdemeanor.
A.
Any violation of this chapter shall be punishable
by a fine not exceeding $100 per day.
B.
The Board of Aldermen may, independently or upon recommendation
from the Chief of Police, suspend or revoke said license for any violation
of this chapter or reasons it deems to be in the best interest of
the City, after a hearing. Offenses which may result in the suspension
or revocation of said license include, but are not limited to, the
following:
C.
Notice of the suspension or revocation will be made,
in writing, to the owner(s) of the business within five business days
of said hearing.
D.
The provisions of this chapter shall be severable,
and if any phrase, clause, sentence or provision of these regulations
shall, for any reason, be held invalid or unconstitutional, the validity
of the remainder of these regulations shall not be affected thereby.
