For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The person who applies for a license pursuant to this article.
AUTOMATED KIOSK. An interactive device at which used consumer electronic devices are sold, traded, recycled, or otherwise received by or transferred to another person or entity In exchange for payment.
CONSUMER ELECTRONICS. All handheld electronic devices such as mobile phones, tablets, and mp3 players, and radios, stereos, speakers, sound systems, televisions, electronic display screens, personal computers, gaming devices, digital cameras and recorders, video playback devices, and all similar or related consumer electronics.
CONTROLLING PERSON. A person who either has a ten percent (10%) or greater interest in the ownership or earnings of the business, or is an officer, director, or partner of a company or corporation.
COVERED SECONDHAND GOOD. Any article of the following types of tangible personal property that were previously owned by an original end user or otherwise not purchased or sold as new:
(1) Consumer electronics,
(2) Firearms,
(3) Jewelry,
(4) Musical instruments and equipment,
(5) Precious metals,
(6) Precious stones,
(7) Sporting goods, or
(8) Tools, including power tools.
COVERED TRANSACTION. Any transaction for any pledged good, and any purchase, trade or acquisition for value (as opposed to by donation or consignment) of any covered secondhand good by a pawnbroker, precious material dealer, or secondhand retailer, or automated kiosk from a member of the general public at the pawnbroker's, precious material dealer's, or secondhand retailer's, or automated kiosk's place of business.
DESIGNATED AGENT. The person designated by the applicant or permit holder to receive notices from the city pursuant to this article.
JEWELRY. Personal ornaments, such as necklaces, rings, bracelets, broaches, pendants and similar Items that are made from or contain precious metal, precious stones, or both.
PAWNBROKER. Every person permitted by the city to engage, in whole or in part, In the business of loaning money on the security of pledged goods.
PERMITTED VENDOR. A vendor holding a valid business registration who furnishes or supplies covered secondhand goods to a pawnbroker, precious material dealer, or secondhand retailer and who does not maintain a physical commercial premise in the city for the purposes of acquiring covered secondhand goods from the general public.
PERSON. For purposes of this article, a PERSON is an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized.
PLEDGED GOODS. Tangible personal property other than securities or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker as security for a loan of money, or with the express or implied agreement to sell it back at a stipulated price.
PRECIOUS MATERIAL DEALER. Any person who is engaged In the business of purchasing articles of jewelry, precious metals, or precious stones, from the general public at their place of business for purposes of sale, resale or exchanging for value, or for smelting, melting, or otherwise processing, combining or altering these materials for any purpose.
PRECIOUS METALS. Gold, silver, or platinum, palladium, iridium, rhodium, osmium, ruthenium or an alloy of these metals.
PRECIOUS STONES. Diamonds, rubies, sapphires, emeralds, garnets, pearls, turquoise and other pieces of mineral or rock of value for purposes of their use in jewelry.
PROPERTY UNIT ENFORCEMENT OFFICIAL. Any sworn officer within the Pawn Unit or Property Crimes Division of the Albuquerque Police Department, or any person specifically assigned to the enforcement or administration of this article.
SECONDHAND RETAILER. For purposes of this article, a SECONDHAND RETAILER is any person engaging in purchasing, trading or otherwise acquiring for value (as opposed to by donation or consignment) any covered secondhand goods from the general public at their place of business, for purposes of reselling, trading, or otherwise retailing the good. The term SECONDHAND RETAILER does not include automated kiosks.
SPORTING GOODS. Bicycles, golf clubs, tennis rackets, archery bows, binoculars, skis, snow boards, and camping equipment.
STORE PREMISES. The total area occupied by a pawnbroker, precious material dealer, or secondhand retailer at the address on the city-issued registration or permit, and each automated kiosk unit and its associated offsite storage facility where consumer electronics received may be stored within the 15 day hold period required by this article.