(A) Records for covered transactions. Every pawnbroker, precious material dealer, secondhand retailer, and automated kiosk shall keep a record of each covered transaction made in the order in which each occurs. This record shall be made on a digital form or database in a format approved by the Chief of Police, and shall be preserved and made accessible to any property unit enforcement official by 12:00 noon on the business' next business day after the covered transaction occurred, and remain so available during normal business hours for a period of two years. Each entry must also be uploaded or otherwise linked to the Albuquerque Police Department's electronic "leads online" system or any future equivalent administered by the APD by 12:00 noon of the business' next business day following the day of the covered transaction. Each entry shall include:
(1) A transaction number, and the date, time and type of transaction (pledge or purchase);
(2) A brief description of the item; including make, model and serial number (if available) together with a photograph of the item; a single photograph is sufficient for any covered transaction for a collection of like items;
(3) The name, address and the date of birth of the pledger or seller as indicated on a valid government-issued photo identification card, a notation as to the type of identification card, the jurisdiction that issued the same and the identification card number; and
(4) A clear, discernible, color still image of the pledger or seller that clearly depicts a full face view of the person taken in any form as approved by the Chief of Police including by a still image camera, or from still frame from a video surveillance camera of reasonable quality. Alternatively, APD may approve a pawnbroker, precious material dealer, or secondhand retailer's use of a video surveillance system on a case by case basis where the system is designed to, and effectively does:
(a) Capture a clear, discernible, color image of the full face of the pledger or seller at the time of the covered transaction (as opposed to at the time of entry to the establishment);
(b) Includes an accurate time and date stamp that can be related to the time of, and associated with, the respective covered transaction, and
(c) Where the footage is retained for a period of 90 days and made available for inspection to property unit enforcement officials during this time.
(B) All transactions completed by an automated kiosk must be monitored and approved by a live representative in real time.
(C) The information required under division (A)(3) above may be collected for each transaction, or may be collected only for the initial transaction so long as each subsequent transaction with the same person is linked or otherwise includes the information already on file. The information required under divisions (A)(1), (2) and (4) above must be collected for each transaction.
(D) Records for transactions with permitted vendors, and other regulated businesses.
(1) Every pawnbroker, precious material dealer, and secondhand retailer shall keep a record of each transaction for a covered secondhand good with a permitted vendor, or another pawnbroker, precious material dealer, or secondhand retailer, which record must include only an invoice specifying the permitted vendor's name, address, and the date of the sale to the pawnbroker, precious material dealer, or secondhand retailer.
(2) However, any transactions for covered secondhand goods with a permitted vendor having any owners or employees in common with any pawnbroker, precious material dealer, or secondhand retailer are subject to the reporting requirements for covered transactions prescribed under division (A) above.
(E) Records for estate purchases. Every pawnbroker, precious material dealer, and secondhand retailer shall keep a record for any covered secondhand goods acquired through an estate sale to include a sales slip or equivalent with typical and customary information for such a transaction.
(F) In addition to any other penalty authorized by this article or other law, any person who knowingly and willfully violates this § 13-6-8, or who knowingly and willfully makes a false entry In any record specifically required by this section commits a violation punishable as provided in § 1-1-99. However, clerical or recordkeeping errors, such as typographical errors or scrivener's errors, regarding any document or record required by this section do not constitute a knowingly and willful violation of this section, and are not subject to criminal penalties. Such errors are, however, subject to the administrative remedies of this article, and upon written notification of the error by a property unit enforcement official, such errors must be corrected by the pawnbroker, precious material dealer, secondhand retailer, or automated kiosk by the business' next business day.