[HISTORY: Adopted by the Town of Bedford 3-25-2012. Amendments
noted where applicable.]
By authority of New Hampshire Revised Statutes Annotated Chapters
322 and 398, all as amended, the Town of Bedford adopts the following
provision for the purpose of regulating the transaction of items which
have commonly been subject to theft and illicit transfer. The purpose
of this chapter is to discourage the transaction of stolen goods,
assist in the investigation of any illicit transfer and associated
criminal activity, and the recovery of stolen property to the rightful
owner.
As used in this chapter, the following words or phrases shall
have the meanings set forth below unless expressly indicated.
Any person, firm, partnership or corporation engaged in the
lending of money secured by taking possession of jewelry, apparel,
tools, electronics, household goods, or any other personal property,
with interest charged thereon, with the right to sell the personal
property if it is not redeemed. A person, firm, partnership, or corporation
shall be deemed 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 amount
of time.
Any person, firm, partnership or corporation whose business
is in the retail buying, selling, buyback, exchanging, dealing in
or dealing with secondhand articles, including, but not limited to,
jewelry, watches, diamonds, precious stones, gems, gold, silver, platinum,
precious metals, coins, stamps, musical instruments and equipment,
cameras, furs, home and audio stereo equipment, televisions, VCRs,
DVD players, multimedia devices, digital equipment, video game systems,
equipment and accessories, tools, computers and computer equipment,
firearms, electronic navigation systems, automobile accessories and
collectables, excepting furniture and books. "Secondhand dealer" does
not mean purchases made from private residences by citizens not engaged
in a secondhand-dealer-type business.
The Town of Bedford may license such persons as it deems suitable
to be pawnbrokers or secondhand dealers within the Town. 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.
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 Town of Bedford, in accordance with New Hampshire Revised Statutes
Annotated Chapters 47, 322 and 398, respectively.
A.
Application for such licenses shall be made to the Town Clerk who
may submit them to the Chief of Police and who may cause an investigation
to be made into the fitness of the applicant to engage in the business
of a pawnbroker or secondhand dealer, and report his findings to the
Town Clerk before such license is acted upon.
B.
The license shall be issued for a specific location and is not transferable
to any other person, firm, partnership or corporation.
C.
Upon approval by the Town Council, a fee of $50 shall be paid by
the applicant to the Town Clerk prior to the issuance of the license.
D.
Licensees shall display their current license in a conspicuous place
within the business where it may readily be viewed by the general
public.
E.
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 Town
Council at any time after notice to the licensee and hearing on the
charges preferred.
Every pawnbroker or 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; or in the
case of any jewelry, watches, diamonds, precious stones, gems, gold,
silver, platinum, precious metals, coins, or stamps, a clear color
photographic image must be taken of the article to accompany the record;
the date and time of such transaction; the amount of money loaned,
the rate of interest to be paid on said loans; and the full name and
address of the seller or the pledger. Every secondhand dealer shall
keep and maintain written records, including the names and addresses
of purchasers, for sales of items purchased by the secondhand dealer
less than 30 days before the date of sale.
Every pawnbroker and secondhand dealer shall require every seller
or pledger of items to produce a positive photographic identification,
and 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. No pawnbroker or secondhand
dealer shall transact business with anyone under 18 years of age,
except when said minor is accompanied by a parent or legal guardian
who shall sign the transaction record with an accompanying copy of
his or her positive photographic identification.
Pawnbrokers or secondhand dealers shall prepare and deliver
photocopies of all transaction records to the Chief of Police, or
his designee, within 48 hours of the end of said dealer's business
day on 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, or his designee,
on or before 10:00 a.m. of the first business day of the following
week.
Pawnbrokers or secondhand dealers shall retain the original
transaction records in their possession, which, together with any
article which is kept or stored in or upon such premises, may be inspected
at any time by a duly authorized police officer.
Pawnbrokers or secondhand dealers will not sell, encumber by
sales contract, or otherwise dispose of or alter an article in its
appearance within 14 days of purchase, unless granted permission,
in writing, from the Chief of Police, but in any case not within 48
hours of time of purchase. Pawnbrokers or secondhand dealers shall
retain on premises all items purchased or pawned during the waiting
period and not place such items on the sales floor until the waiting
period has expired unless the item is clearly marked as to the sales
release date based on the time frames outlined in this section. Pawnbrokers
or secondhand dealers shall clearly mark the transaction records of
any pawn item repurchased by the original seller and shall submit
a copy of the record to the Chief of Police, or his designee, within
48 hours of the transaction.
If the Chief of Police, or his designee, determines that an
article is needed for evidence in a criminal investigation, the Police
Department shall seize the evidence pursuant to applicable criminal
procedures. The pawnbroker or secondhand dealer shall be issued a
receipt for the article. Pursuant to RSA 595-A:6, the Police Department
shall keep seized articles under the court's direction as long
as necessary to permit the article to be used as evidence. At the
conclusion of all court proceedings or closure of the police investigation,
the Police Department shall notify the original owner, the pawnbroker/secondhand
dealer, and any person who may have a lawful interest that the property
will be released in 30 calendar days to the original owner if no other
claim is placed on the property.
A.
Any violation of this chapter shall be punishable by a fine not exceeding
$100 per day.
B.
The Town Council 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 Town of Bedford, following 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.
