[HISTORY: Adopted by the Town of Sanford (now City) 6-16-1998 (§ 6.10 of the 1977
Code); amended in its entirety by the City of Sanford 6-5-2018 by Order No. 18-116-01. Subsequent amendments noted where applicable.]
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:
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.
Any person, firm, or corporation and premises engaged in
the business of pawn transactions.
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.
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.
A.
A pawnbroker and secondhand dealer will not knowingly, either by
direct or indirect purchase, acquire or receive, by way of barter
or exchange, any tangible personal property from a person known to
be a thief or a receiver of stolen property.
B.
The Police Department may advise the secondhand dealer of any person
previously convicted as a thief or receiver of stolen property.
A.
Pursuant to 30-A M.R.S.A. §§ 3962, 3963 and 3971,
every pawnbroker and secondhand dealer shall keep records of every
transaction for a period of no less than two years which shall be
made promptly available for inspection at the principal place of business
upon request by a law enforcement officer or prosecuting attorney
and shall electronically report every transaction of tangible personal
property or precious metal acquired, exchanged, pawned, or pledged
through an electronic reporting system in the format, form, and manner
designated by the Chief of Police and shall maintain equipment of
sufficient capability to produce detailed, daily electronic transaction
reports for each transaction to that electronic reporting system.
Such equipment and capabilities include but are not limited to a computer
with Internet access and a digital color camera capable of providing
readable and recognizable document photocopies and facial photographs.
B.
Each record of each transaction shall include:
(1)
A digital color photograph of the person's face from the front.
(2)
A digital color photocopy of a valid government-issued photo identification
document.
(3)
The person's name, date of birth, height, weight, hair color, and
eye color.
(4)
The person's current address and telephone number.
(5)
If the person is acting on behalf of a company or business, the name,
address, and telephone number of such company or business shall also
be recorded.
(6)
The date and time of the transaction.
(7)
A complete and thorough description of the transaction, including,
but not limited to the following:
(8)
A digital photograph of each transaction of tangible personal property
or precious metal, including the capture of distinguishing characteristics,
identifying numbers, markings, writing, or engravings, etc.
A.
Each transaction of tangible personal property or precious metal
shall be recorded to the designated electronic reporting system each
day that the transaction takes place.
B.
Multiple pieces of similar tangible personal property or precious
metal, such as baseball card collections, action figure collections,
tool sets, or jewelry collections, may be grouped together using one
general descriptor when entered into the designated electronic reporting
system as a transaction.
C.
Each transaction recorded in the designated electronic reporting
system shall contain the following information with the form completed
accurately and in its entirety:
(1)
The person's name, date of birth, height, weight, hair color,
and eye color.
(2)
The person's current address and telephone number.
(3)
If the person is acting on behalf of a company or business,
the name, address, and telephone number of such company or business
shall also be recorded.
(4)
The date and time of the transaction.
(5)
A complete and thorough description of transaction, including,
but not limited to the following:
(6)
A digital photograph of each transaction of tangible personal
property or precious metal, including the capture of distinguishing
characteristics, identifying numbers, markings, writing, or engravings,
etc.
D.
In the event that the electronic reporting system malfunctions or
is otherwise not operating, such malfunction or nonoperability must
be reported to the Chief of Police immediately.
E.
All transactions during such system malfunction or nonoperability
shall be delivered to the Chief of Police within 24 hours. System
malfunctions or nonoperability of equipment will be corrected within
48 hours.
F.
Failure to record each transaction into the designated electronic
reporting system in the format, form, and manner prescribed by the
Chief of Police or failure to maintain reporting equipment is a civil
violation and grounds for the denial, revocation, or suspension of
a pawnbroker or secondhand dealer license.
A.
A secondhand dealer may not sell any tangible personal property with
the exception of CDs, DVDs, and video games until the tangible personal
property has remained in the secondhand dealer's possession for seven
days after the date of acquisition by the secondhand dealer, except
if secondhand dealer that determines that the tangible personal property
is not listed as stolen in the designated electronic database as verified
and approved by the Chief of Police.
B.
A precious metal dealer may not sell or alter any precious metals
until the precious metals have remained in the precious metal dealer's
possession for 15 days after the date of acquisition by the precious
metal dealer, except that a precious metal dealer that determines
that the precious metals are not listed as stolen in the designated
electronic database as approved and verified by the Chief of Police,
may sell or alter the precious metal 10 days after the date of acquisition.
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.
A.
Every pawnbroker shall maintain records for a period of no less than
two years, which shall be made promptly available for inspection at
the principal place of business upon request by a law enforcement
officer or prosecuting attorney, in which the pawnbroker shall enter:
(1)
The date, duration, amount, periodic rate of interest, and annual
percentage rate on every loan that is made;
(2)
The finance charge, due dates for payment and the total payment
needed to redeem or repurchase the pawned property;
(3)
An accurate account and description of the property pawned;
(4)
The terms of redemption or repurchase, including any reduction
in the finance charge for early redemption or repurchase and the right
of the consumer to at least one extension of one month at the same
rate of interest upon request in writing or in person; and
(5)
The name and residence of the consumer.
B.
At the time of the pawn transaction, the pawnbroker shall deliver to the consumer a signed, written disclosure complying with the truth-in-lending provisions of the Maine Consumer Credit Code, Title 9-A, Article VIII-a, containing the items required by Subsection A and the name and address of the pawnbroker.
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.
