[HISTORY: Adopted by the City Council of the City of Laconia 12-29-1975 as Ch. 21,
Section 2, of the Public Ordinances of 1975; amended in its entirety 4-27-2015 by Ord. No.
04.2015.04. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 161.
The intent of this chapter is to ensure compliance of pawnshops
to deal in legally obtained items and to regulate said business pursuant
to RSA 322:2 and 398:7.
As used in this chapter, the following terms shall have the
meanings indicated:
City of Laconia, New Hampshire.
Includes United States currency, money orders, certified
checks, traveler's checks, and any other item used as payment
or barter of a pawned item.
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 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.
Any individual engaged in business as a pawnbroker as the
term is used in RSA 398.
All property subject to ownership, except real estate.
City of Laconia, New Hampshire, Police Department.
Any tangible item which could be, has been, or will be used
for purchasing, selling, or bartering purposes.
Any person, firm, partnership or corporation whose business
is the retail buying, selling, buy-back or exchanging of, or dealing
in or dealing with, secondhand articles and property. Secondhand dealers
are regulated according to RSA 322.
However, the definition of "secondhand dealer" shall only apply
to any person, firm, partnership or corporation who purchases secondhand
articles directly from the general public.
Any person receiving item(s) or money from a pawnbroker or
his/her designee, whether by monetary funds or barter.
The State of New Hampshire.
A business dealing conducted by a pawnbroker or his/her designee,
whether by monetary funds or barter.
All pawnshops and secondhand dealers shall comply with the provisions of RSA 398 and 322 and shall be duly licensed by the state if so required and by the City of Laconia Licensing Board pursuant to Chapter 161 of the City Code.
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 through the City of Laconia Licensing Board. Applications
for licenses for pawnbrokers or secondhand dealers shall be made in
writing to the City of Laconia.
A.
Investigation of applicants. All applications shall be submitted
by the City of Laconia Licensing Board 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 City of Laconia Licensing Board. No license shall
be issued to any firm, corporation, owner or person to include employees
directly or indirectly involved in the purchase of secondhand articles
who or which has been previously convicted within the preceding 10
years of any theft-related offenses, to include, but not limited to,
theft, burglary, receiving stolen property or fraud in this state
or any state or territory of the United States.
B.
Location. The license shall be issued for a specific location within
the City of Laconia and is not transferable to any other person, firm,
partnership or corporation.
C.
Fee. The license fee shall be $100 for initial application fee and
$25 renewal each year, due in January.
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 City of Laconia Licensing Board at any time after notice
to the licensee and hearing on the charges proffered. Applicants must
annually file for and receive a license, or renewal of same, in order
to operate in compliance with this section.
Every pawnbroker and secondhand dealer shall keep and maintain
a complete written record of each such transaction of money and/or
property. This record, which must be kept on file for seven years,
shall be in the English language and include a complete and thorough
description of the following:
A.
Date and time of purchase.
B.
The amount of money paid or loaned and the rate of interest to be
paid on said loan.
C.
Name and address of the seller or pledger.
D.
Type of article.
E.
Brand name/make/manufacturer (if applicable).
F.
Model number (if applicable).
G.
Serial number (if applicable).
H.
Color/finish.
I.
Any other identifying marks, writing, engraving, etc.
J.
If jewelry, the metal, kind and number of stones, karat (if known).
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 record.
At no time shall a pawnbroker or secondhand dealer accept a person
other than the seller or pledger'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 18 years of age, except when said minor is accompanied by a
parent or legal guardian who shall sign the transaction record.
A.
Every pawnbroker shall retain possession of all property received
in pawn or as a pledge for a four-month period subsequent to the purchase
thereof if not of a perishable nature, and, if perishable, for at
least one month; provided, however, that any such item be disposed
of by the pawnbroker within such 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.
Property not redeemed within the above period may be sold pursuant
to RSA 398:9.
D.
The holding periods described above shall not apply to items sold to a pawnbroker or secondhand dealer for money, provided that any such transaction conveys full ownership and possession of the property in question. Any pawnbroker or secondhand dealer purchasing property as described in this Subsection D shall retain possession of the property for 14 days subsequent to the purchase thereof and may thereafter dispose of the property, keep the property, or offer it for sale.
A.
Pawnbrokers and secondhand dealers shall electronically file documentation
of all transaction records for each day's business 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 shall be photographed with a digital camera or digital
image scanner. The complete transaction record shall be saved on one
standard-size page. The transaction record shall include a color image
of the photo 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 an aggregate
pile. The images shall be kept at the store or shop and saved electronically
in a PDF or JPG format. The images must be readily available upon
request.
C.
Every pawnbroker and secondhand dealer shall use the transaction
record form prescribed by the City of Laconia.
Pawnbrokers and secondhand dealers shall retain each original
transaction record in his or her possession for a period of seven
years. The record, 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 City of Laconia Licensing Board 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 of Laconia, after a hearing at which the licensee may address
the alleged violation. 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 and shall include the reason(s) for the suspension or revocation.
