A pawnbroker shall not:
(A) Accept a pledge from a person under the age of 18 years;
(B) Make any agreement requiring the personal liability of a pledgor in connection with a pawn transaction;
(C) Accept any waiver, in writing or otherwise, of a right or protection accorded a pledgor under this chapter;
(D) Fail to exercise reasonable care to protect pledged goods from loss or damage;
(E) Fail to return pledged goods to a pledgor upon payment of the full amount due the pawnbroker on the pawn transaction. In the event the pledged goods are lost or damaged while in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace the lost or damaged goods with merchandise of like kind and equivalent value. In the event the pledgor and pawnbroker cannot agree as to replacement, the pawnbroker shall reimburse the pledgor in the amount of the value agreed upon pursuant to § 113.05;
(F) Take any article in pawn, pledge, or as security from any person, which is known to the pawnbroker to be stolen unless there is a written agreement with local or state police;
(G) Sell, exchange, barter, or remove from the pawnshop any goods pledged, pawned, or purchased earlier than 48 hours after the transaction, except in case of redemption by pledgor or items purchased for resale from wholesalers;
(H) Operate more than one pawnshop under one license, and the shop must be at a permanent place of business; or
(I) Take as pledged goods any manufactured mobile home, recreational vehicle, or motor vehicle other than a motorcycle.
(J) Penalties. Every person, firm, or corporation, their guests or employees, who shall knowingly violate any of the provisions of this part, shall, on conviction thereof, be deemed guilty of a Class 2 misdemeanor pursuant to G.S. § 66-396. If the violation is by an owner or major stockholder or managing partner of the pawnshop and the violation is knowingly committed by the owner, major stockholder, or managing partner of the pawnshop, then the license of the pawnshop may be suspended at the discretion of the Court pursuant to G.S. § 66-396. A violation of division (F) shall not be enforced hereunder and shall instead be prosecuted under G.S. § 14-71 pursuant to G.S. § 66.396(b).
(Ord. passed 8-5-1990; Ord. passed 3-21-2022)