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It is unlawful for any person, firm or corporation engaged in the business of a pawnbroker in the city to:
A. Knowingly enter into a pawn transaction with a person under the age of eighteen years or under the influence of alcohol, any narcotic, drug, stimulant or depressant;
B. Make any agreement requiring the personal liability of a pledgor in connection with the pawn transaction;
C. Accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor under the Pawnbrokers Act (56-12-1 to 56-12-16 N.M.S.A., 1978);
D. Fail to exercise reasonable care to protect pledged goods from loss or damage;
E. Fail to return a pledged good to a pledgor upon payment of the full amount due to the pawnbroker on the pawn transaction. In the event a pledged good is lost or damaged while in the possession of the pawnbroker, the pawnbroker shall compensate the pledgor for the reasonable value of the lost or damaged good;
F. Make any charge for insurance in connection with a pawn transaction;
G. Purchase or otherwise receive any item of property from which the manufacturer's name plate, serial number or identification mark has been obviously defaced, altered, covered or destroyed;
H. Purchase or otherwise receive any item of property which the permit holder knows is not lawfully owned by the person offering the same;
I. Enter into a pawn transaction in which the unpaid principal balance exceeds two thousand dollars; or
J. Require that any of the proceeds of any cash loan be spent at the pawnbroker's place of business or in any other manner directed by the pawnbroker. (Amended during 1992 codification: prior code § 8-1-5)
It is unlawful for any person, firm or corporation engaged in the business of a pawnbroker to buy any property of any kind or receive the same as a pledge of security, which property is distinctly and plainly marked as being the property of any firm or corporation or person other than the party offering to sell or pledge the same, unless the party offering to sell or pledge the same shall show satisfactory evidence in writing that he is the lawful owner of the property or has been granted permission by the owner to pledge the property. Failure to require such written evidence shall be prima facie evidence of guilty knowledge on the part of the pawnbroker, his agents or employees, that the party offering to pledge or sell the same is not the rightful owner thereof and is a violation hereof. (Prior code § 8-1-6)
A. The chief of police or his authorized representatives have the right to confiscate from a pawnbroker any item which has been reported as being stolen or which the police department has reason or probable cause to believe has been stolen. The officer confiscating the property shall give a receipt therefor containing sufficient information to identify the item taken.
B. The officer confiscating suspect property from a pawnbroker shall proceed without delay to determine whether the item actually was stolen. Should it be determined that the property was stolen, the item may be retained as evidence or returned to the rightful owner, otherwise the property shall be returned to the pawnbroker. (Prior code § 8-1-4)
Any person, firm or corporation, their agents, servants or employees who violates any provision of this chapter shall, upon conviction, be punished by a fine not exceeding three hundred dollars or by imprisonment not exceeding ninety days or both such fine and imprisonment in the discretion of the municipal court. (Prior code § 8-1-10)