[HISTORY: Adopted by the Mayor and Common Council of the
City of Westminster 2-11-2008 by Ord. No. 775. Amendments noted where
applicable.]
The purpose of this chapter is to protect the safety and welfare
of the citizens of the City of Westminster by regulating pawnshops
and secondhand dealers in order to prevent the disposition of stolen
property, to identify stolen property, and to return stolen property
to its owners.
In this chapter the following terms have the meanings indicated.
Any term not defined in this chapter shall have the meaning as defined
in any chapter of the Code. Any term not defined in the Code in any
chapter shall have its generally accepted meaning.
A person whose primary retail trade is buying and selling
objects made in, or typical of, an earlier period of time that either
have special value because of their age or are examples of works of
art or handicrafts.
[Amended 2-10-2014 by Ord. No. 848]
The Police Department of the City of Westminster.
Tangible personal property including, but not limited to,
a household appliance, fur, musical instrument, personal computer,
compact disc player, digital video disc player, power tool, camera,
firearm, radio, television set, MP3 player, cellular telephone, personal
digital assistant (PDA), video game system, video game accessory or
component, or audio or stereo equipment.
A person who engages in pawnbroker transactions.
A person with a fixed place of business where pawnbroker
or secondhand dealer transactions occur. A pawnbroker or secondhand
dealer establishment includes both the person and its fixed place
of business.
Engaging in the act of:
Lending money on the deposit or pledge of tangible personal
property or other valuable things other than secondhand precious metal
objects, coins, or numismatic items; or
Purchasing tangible personal property or other valuable things,
other than secondhand precious metal objects, coins, or numismatic
items, on the condition of reselling the property to the seller at
a stipulated price.
An individual, corporation, partnership, business trust,
limited liability company, or any other type of business entity.
A person who, or a machine or kiosk or other electronic or
mechanical device that, engages in secondhand dealer transactions.
"Secondhand dealer" does not include:
[Amended 2-10-2014 by Ord. No. 848]
A charitable, religious, or nonprofit organization, if the exchange
of items for consideration is incidental to the organization's
primary activity;
An antique show, trade show, convention, or auction;
A flea market;
A person whose primary retail trade is new and unused video
game components, video game systems, video games, or video game accessories;
An antique dealer; or
Whether on consignment or otherwise, a seller or reseller of
used (post-consumer) clothing or used (post-consumer) nonelectronic
sporting equipment.
The receipt by a secondhand dealer, as defined in this section,
of used (post-consumer) tangible personal property, other than secondhand
precious metal objects, coins, or numismatic items, and offering or
holding or retaining with the intent to offer the tangible personal
property to the public for sale, trade, barter, or other consideration,
or to transfer the tangible personal property to a third party for
such purpose, whether such sale or trade to or barter or other exchange
with the public occurs within City limits or elsewhere.
[Amended 2-10-2014 by Ord. No. 848]
Tangible personal property that has been previously purchased
at retail, whether or not the box or packaging has been opened or
broken, by any person or entity, except tangible personal property
accepted for return by the original retail seller in accordance with
the seller's ordinary and customary return policies.
[Added 2-10-2014 by Ord. No. 848]
A.Â
A pawnbroker or secondhand dealer establishment may be open to the
public only between the hours of 7:00 a.m. and 10:00 p.m. and shall
not conduct pawnbroker or secondhand dealer transactions with the
public at any other time. A pawnbroker or secondhand dealer may submit
a written request to the Department to be open different hours for
holidays or special events, which request shall be promptly reviewed.
B.Â
A pawnbroker or secondhand dealer shall not conduct business through
the use of a drive-up window or other practice, service, or device
that enables an individual to conduct business from a motor vehicle
without leaving the motor vehicle.
A pawnbroker or secondhand dealer shall not engage in pawnbroker
or secondhand dealer transactions with an individual who is under
the age of 18.
A.Â
A pawnbroker or secondhand dealer shall maintain a record of each
item purchased, bartered, exchanged, or received in the course of
business, including a record of the disposition of the item.
B.Â
The record shall be signed by the seller and the pawnbroker or secondhand
dealer or an agent or employee of the pawnbroker or secondhand dealer
and shall include:
(1)Â
The date, time, and place of the transaction;
(2)Â
The name and address of the principal, if the transaction is conducted
by an agent;
(3)Â
A comprehensive description of the item, including any visible identification,
such as initials, name of manufacturer, model and serial number, owner
applied identification numbers, and whether the item appears to be
new or in its original box or packaging;
(4)Â
The consideration received;
(5)Â
For each individual from whom the pawnbroker or secondhand dealer
acquires an item:
(a)Â
The name, address, telephone number, date of birth, and driver's
license number of the individual; or
(b)Â
Identification information about the individual that:
[1]Â
Identifies the individual from at least two forms of identification,
which may include an age of majority card, military identification,
or passport; and
[2]Â
Provides a physical description of the individual, including
the gender, race, any distinguishing features, and approximate age,
height, weight, and hair and eye color of the individual.
C.Â
The pawnbroker or secondhand dealer shall:
(1)Â
Maintain the original record for at least three years from the date
of the transaction;
(2)Â
Retain information from the record in an electronic data storage
medium specified by the Department; and
(3)Â
Submit a copy of the record information to the Department by electronically
transmitting the record by 10:00 a.m. on the next business day after
the transaction.
A.Â
A pawnbroker or secondhand dealer shall hold each item purchased
or received in the course of business for 10 calendar days after electronically
submitting a copy of the record of the transaction to the Department.
B.Â
A pawnbroker or secondhand dealer may submit to the Department a
written request for a shorter holding period for a specific item.
C.Â
During the holding period for an item, the pawnbroker or secondhand
dealer:
(1)Â
Shall tag the item in accordance with Department requirements;
(2)Â
Shall store the item in a secure location on the premises that is
separate from other items;
(3)Â
Shall not remove the item from the pawnbroker or secondhand dealer's
licensed location of business; and
(4)Â
Shall not offer the item for sale until the ten-day holding period
has expired.
D.Â
The holding period required by this section does not apply to a pawned
item that is redeemed with the original pawn ticket.
A pawnbroker or secondhand dealer is subject to the provisions
of the Business Regulation Article, § 12-401, of the Annotated
Code of Maryland in regard to the release of stolen property to the
Department.
A.Â
A pawnbroker or secondhand dealer shall allow an authorized member
of the Department to enter the pawnbroker or secondhand dealer establishment
at any reasonable time for the purpose of enforcing this chapter.
B.Â
If a pawnbroker or secondhand dealer refuses to allow entry, the
Department may seek a court order allowing entry.
C.Â
An authorized member of the Department shall have the right to enter
a building, structure, or premises without the prior consent of the
owner or occupant where there is evidence that a violation of this
chapter exists which threatens or may threaten the public health and
safety for the purpose of enforcing the provisions of this chapter.
The authorized member of the Department shall produce proof of identity
prior to entry.
D.Â
This section does not prohibit the Department from seeking a search
warrant for the investigation of any criminal violation, including
a violation of this chapter.
A.Â
Except as provided in Subsection C of this section, if a violation of this chapter is found, the Department shall inform the City Attorney, and the City Attorney shall provide a written notice that describes the violation, specifies the action necessary to correct the violation, and sets forth the time to correct the violation.
B.Â
The City Attorney shall serve a notice of violation by certified
mail, restricted delivery or by personal service. If service cannot
be obtained by certified mail, restricted delivery or personal service,
the notice may be posted in a conspicuous location on the pawnbroker
or secondhand dealer establishment.
C.Â
A notice of violation shall not be required if the pawnbroker or
secondhand dealer violates the same provision of this chapter for
which it had received one notice of violation within a twelve-month
period.
A.Â
The City Attorney may institute any action at law or equity, including
injunction or mandamus, to enforce the provisions of this chapter.
B.Â
Alternatively, and in addition to and concurrent with all other remedies,
the City Attorney may enforce the provisions of this chapter with
civil penalties.
C.Â
Each day that a violation continues is a separate offense, subject
to a fine not exceeding $1,000 per day for each offense.
A person who violates any provision of this chapter is guilty
of a misdemeanor and, upon conviction, is subject to a fine not exceeding
$1,000 or imprisonment not exceeding six months, or both.
If any part of this chapter is held invalid, the invalidity
shall not affect the other parts.
