In general, all words, phrases, and terms used in this chapter
shall have their customary and usual meanings; as used in this chapter,
the following words, phrases, and terms shall have the meaning 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 and including 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
Any person, firm, or corporation and premises engaged in
the business of pawn transactions.
PRECIOUS METALS
Any item composed in whole or in part of gold, palladium,
silver, or other such valuable metals but does not include dental
gold, unrefined metal ore, and electronic product, any part of a mechanical
system on a motor vehicle or gold or silver coins or bullion.
SECONDHAND DEALER
Any person, firm, or corporation and premises engaged in
the business of selling and acquiring through exchange, pawn or purchase,
secondhand or used tangible personal property such as articles, merchandise,
or goods from private citizens, including but not limited to electronics,
gaming systems/video games/video game accessories, jewelry, valuable
and precious metals and stones, firearms, antiques, used cars, tires,
automobile accessories, office and store fixtures and equipment, and
household goods and appliances, but not typically including retail
establishments primarily engaged in retailing new and used tangible
personal property of a like-kind, such as stores commonly known as
"thrift stores," or bookstores, music stores, or video game stores.
Secondhand dealers do not include retail businesses solely engaged
in acquiring product through wholesale or businesses primarily engaged
in retailing new and used prerecorded audio and video, CDs, DVDs,
and records and video games and video game consoles. A secondhand
dealer includes precious metal dealers. A secondhand dealer is not
a State-licensed dealer pursuant to 29-A M.R.S.A. § 851
et seq.
[Amended 3-5-2019 by Order
No. 19-118-01]
A pawnbroker or secondhand dealer will not either directly or
indirectly purchase, acquire or receive, by way of barter or exchange,
any tangible personal property from a person who has not attained
the age of 18 except when said minor shall be accompanied by a parent
or legal guardian who shall sign the transaction record in person
before said dealer or collector.
Every pawnbroker shall post in a conspicuous location within
the place of business a copy of the applicable statutes of the State
of Maine and a copy of this chapter and will further display within
the place of business a sign, legibly inscribed in large letters in
the English language, with the name and occupation of the pawnbroker.
Except to the extent that this chapter contains a contrary provision,
all provisions of 30-A M.R.S.A. §§ 3960 to 3964-A and
3901 shall be additional requirements to the provisions of this chapter.
No person, firm or corporation may engage in the business of
pawnbroker and secondhand dealer without first obtaining a license
for each such purpose from the City. Licenses under this chapter shall
not be issued unless the City Clerk receives affirmation from the
Inspection Team that the applicant's proposed operation meets all
applicable requirements. Any person carrying out such activity without
a license is in violation of these provisions. Failure to comply with
any of these requirements shall be deemed a violation of this chapter
and is adequate grounds for the denial, revocation, or suspension
of a license.
License applications under this chapter shall be processed according to the procedures established in this chapter, and Chapter
149, Licensing. A license may be issued after the annual fee required has been paid through the City Clerk's office. The fee for a license shall be established under Chapter
149, Licensing, §
149-1.4, Fees, of this Code, for pawnbrokers and secondhand dealers.
In addition to the general standards for denial, suspension or revocation of a pawnshop or secondhand dealer license and the standards for investigation of applicants pursuant to Chapter
149, Licensing, or other standards found in the Code or elsewhere, a pawnshop or secondhand dealer license may be denied, suspended or revoked on one or more of the following grounds:
A. Conviction of the applicant, licensee, employee of the licensee or
person representing the licensee of any Class A, Class B, or Class
C crime.
B. Conviction of the applicant, licensee, employee of the licensee or
person representing the licensee of any misdemeanors or crimes involving
dishonesty, such as theft, negotiating a worthless instrument, forgery,
or unsworn falsification.
A secondhand dealer that makes high definition video recordings
of their premises during hours of operation of high quality and placement
in a manner to identify facial features of all customers entering
and exiting the place of business and conducting all transactions
may be eligible for a discount of 50% from the secondhand dealer license
fee and waiver of the obligation to record by way of a digital color
photograph, the person's face making the transaction upon verification
and approval by the Chief of Police that the equipment is operational,
of high quality and placement is in the proper manner. The records
must be kept for a minimum of 10 days.