“Pawnbroker” means a person, corporation, member, or members of a corporation or firm:who loans money on deposits or pledge on personal property or other valuable thing, other than securities or printed evidences of indebtedness; or who deals in the purchasing of personal property or other valuable things on condition of selling the same back at a stipulated price. “Transaction” means:a loan of money by a dealer on deposit or pledge of personal property or other valuable thing, other than securities or printed evidences of indebtedness; or a purchase by a dealer of personal property or other valuable thing with or without the condition of selling the same back at a stipulated price. City Code, 1950, art. 19, §40 1966, art. 15, §58 1976/83, art. 15, §77 Ord. 41-409 Ord. 94-332

The 45 pawnbroker licenses issued as of May 18, 1994, shall be the maximum number of pawnbroker licenses that may be issued in the City of Baltimore. After May 18, 1994, the Director of the Department of Consumer Protection and Business Licensing of Baltimore is hereby authorized to transfer licenses under the corporate seal, to such person, firm, or corporation as shall produce to him satisfactory evidence of his, her, their, or its good character, to exercise or carry on the house or business of pawnbrokers, which licenses shall designate the house in which such person, firm, or corporation shall respectively be licensed to carry on the said trade or business. Each person, firm, or corporation receiving the said license shall pay therefor the sum of $2,000 annually. The annual license fee shall be collectible pursuant to <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|15">Article 15</cite>, Subtitles 46 and 47 of the City Code. The license granted as aforesaid may be renewed on application to the Director of the Department of Consumer Protection and Business Licensing each and every year on payment of the same sum. All transfers shall comply with the provisions of Zoning Code of the Baltimore City Code and with any applicable urban renewal ordinance. City Code, 1879, art. 33, §29 1893, art. 33, §36 1927, art. 25, §30 1950, art. 19, §39 1966, art. 15, §57 1976/83, art. 15, §76 Ord. 41-409 Ord. 70-857 Ord. 77-388 Ord. 90-513 Ord. 94-332

No person shall use, exercise or carry on the trade or business of pawnbroker in this City, without having such license as aforesaid, nor in any other house than the one designated in said license, unless in case of removal. The Director of the Department of Consumer Protection and Business Licensing shall endorse on said license the house to which the party shall have removed. It shall be unlawful for any person, firm, or corporation, who or which is not currently licensed under the provisions of this subtitle, to publish, advertise, exhibit, or display in any manner the word “pawnbroker” or to display or exhibit three gilt spheres or any other traditional emblem or insignia of a pawnbroker, on or adjacent to the building or buildings occupied by him or it. City Code, 1893, art. 33, §37(1st, 2nd cls.)) 1927, art. 25, §31(1st, 2nd cls.)) 1950, art. 19, §41(1st, 2nd cls.)) 1966, art. 15, §§59, 60(1st, 2nd cls.)) 1976/83, art. 15, §§78, 79(1st, 2nd sens.) Ord. 1890-037 Ord. 20-526 Ord. 54-1145 Ord. 54-1273 Ord. 76-067 Ord. 94-332

Every person, firm, or corporation so licensed as aforesaid, shall, at the time of receiving such license, enter into an obligation to the Mayor and City Council of Baltimore with good and sufficient sureties to be approved by the Comptroller of the City of Baltimore in the penal sum of $50,000, conditioned on the faithful observance of this subtitle, and such other ordinances as may be passed on this subject. Any pawnbroker who shall violate this section by failure to file such bond, or to obtain the license as aforesaid, though continuing to transact the business of a pawnbroker, shall be deemed guilty of a misdemeanor and shall be subject to the penalties imposed in <cite data-path="|2|§11-19">§ 11-19 of this article</cite>. City Code, 1879, art. 33, §34 1893, art. 33, §38 1927, art. 25, §32 1950, art. 19, §42 1966, art. 15, §61 1976/83, art. 15, §80 Ord. 41-409 Ord. 94-332

A pawnbroker may not acquire any merchandise in a pawn transaction with a minor. City Code, 1976/83, art. 15, §81(g) Ord. 94-332

Each pawnbroker shall submit to the Police Commissioner and the Director of the Department of Consumer Protection and Business Licensinga daily report of all articles taken on pledge. The pawnbroker shall forward the daily report to the Police Department and the Department of Consumer Protection and Business Licensing, as provided in <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|2|§11-7">§ 11-7 of this subtitle</cite>. The daily report shall include:the date, place, and time of each transaction; the name and address of principal, if the transaction is by an agent; a description of the transacted item, including:the type of item; its manufacturer, model number, year of manufacture if known, and/or soundex number or unique identifying number found on said property; its color and size; for jewelry, a description by weight if payment is based on weight, style, gender, number of stones, configuration of stones, any initials or distinguishing marks or inscriptions; a statement of whether it appears to have been altered by any means, including:obscuring a serial number or identifying feature; melting; or recutting a gem; and the amount paid or other consideration; for each individual from whom a pawnbroker acquires a transacted item:the individual’s name, date of birth, and license number from a clearly identifiable driver’s license; or identification information about the individual that:positively identifies the individual from at least 2 forms of identification, which may include an age of majority card, military identification, passport, or other similar photographic identification; and provides a physical description of the individual including sex, race, date of birth, any distinguishing features, and weight of individual; a statement indicating whether or not the person making the transaction is known to the dealer, i.e. has done business with the pawnshop on a previous occasion; and the signature of the person from whom the item is acquired and the signature of the pawnbroker or dealer who accepted the item. City Code, 1927, art. 25, §33(1st par.) 1950, art. 19, §43(1st par.) 1966, art. 15, §62(a) 1976/83, art. 15, §81(a), (b) Ord. 13-313 Ord. 20-495 Ord. 94-332 Ord. 08-073

A pawnbroker shall submit each daily report to the Police Department and the Department of Consumer Protection and Business Licensing in the following formats:by electronic transmittal, in the format and manner required by the Police Commissioner; and if the electronic transmission is not submitted with an electronic signature acceptable to the Police Commissioner, in writing, on the forms supplied by the Police Commissioner. The electronic report shall be submitted before noon on the business day immediately following the day for which the report is made. The written report shall be submitted by:mailing the report at the end of the business day for which the report is made; or hand delivery or facsimile transmission before noon on the business day immediately following the day for which the report is made. A daily report submitted under this subtitle shall be open to the inspection by those persons that, in the discretion of the Police Department, are regarded as having an interest in them. City Code, 1927, art. 25, §33(1st par.) 1950, art. 19, §43(1st par.) 1966, art. 15, §62(a) 1976/83, art. 15, §81(d) Ord. 13-313 Ord. 20-495 Ord. 94-332 Ord. 08-073

Subject to Police Department procedures permitting or authorizing shorter holding periods, each pawnbroker shall hold:reported transaction precious metal items on the premises for at least 18 days; and all other reported transaction items on the premises for at least 10 days. After the initial holding period required by subsection (a) of this section, a pawnbroker shall continue to hold a transaction item if:a law enforcement officer requests that the pawnbroker hold the item; the law enforcement officer has reasonable cause to believe the item has been stolen; and the item has not been identified under <cite data-path="|2|§11-9|(a)|(2)">§ 11-9(a)(2) of this subtitle</cite>. If a transaction item is placed on additional police hold under this subsection, the pawnbroker shall:continue to hold the item until:the police seize it; the Police Department releases the police hold or directs the item to be released to its owner; or 1 year after the additional police hold was imposed; and if requested to do so, submit to the Police Department a photograph of the item, either by electronic transmittal or by mail or hand delivery, by the same deadline as required by <cite data-path="|2|§11-7">§ 11-7 of this subtitle</cite> for a daily report. City Code, 1976/83, art. 15, §81(c)(1)(2nd sen.), (f)(2) Ord. 94-332 Ord. 08-073

A pawnbroker shall release to the Police Department any item in the pawnbroker’s possession if:the item is established to be stolen; the owner of the item or the victim of the theft has:positively identified the item; and provided an affidavit of ownership or previously made a report of the theft to a law enforcement agency; the stolen property report describes the item by:date; initials; an insurance record; a photograph; a sales receipt; a serial number; specific damage; a statement of facts that show the item is one of a kind; or a unique engraving; and the pawnbroker is given a receipt for the item released. When the primary law enforcement agency no longer needs a transacted item for evidence it may be released to the owner after adjudication. A pawnbroker who is required to release an item under this section is not entitled to reimbursement for any pledge or purchase price from:the primary law enforcement agency; the owner of the item; or the victim of the theft. City Code, 1976/83, art. 15, §81(f)(1), (3), (4) Ord. 94-332 Ord. 08-073

All items in a pawnshop shall be clearly marked or labeled to correlate with: the transaction sheet or receipt of purchase; or the invoice if the item is in for repair. City Code, 1976/83, art. 15, §81(c)(2) Ord. 94-332

All reported transaction sheets shall be kept on the premises for 3 years from the date of the transaction. City Code, 1976/83, art. 15, §81(c)(1)(1st sen.) Ord. 94-332

A pawnbroker shall allow an authorized law enforcement officer or a special enforcement officer, as defined in City Code Article 19 § 71-1 {“Appointment; Duties”}, on request to enter the place of business or storage premises of the dealer during business hours to inspect a record of transactions and/or items as part of an investigation of stolen property. On request of the pawnbroker, the officer shall make the inspection in the presence of a dealer. If the pawnbroker refuses to allow access or produce the record or item for inspection, the officer shall seek a search warrant. City Code, 1976/83, art. 15, §81(e) Ord. 94-332

Each and every pawnbroker licensed as aforesaid: shall be capable:of receiving from any person or persons (except a minor or apprentice, knowing or having reason to believe him to be such), bodies corporate, or politic, any deposit or merchandise of every description, as collateral security for such amounts thereon to be advanced by them, as they may deem proper and judicious; to hold and retain the same during such time as may be agreed on between the party or parties depositing the same and the said pawnbrokers; and to charge for such advances, interest at the established legal rate, and an additional charge as hereinafter specified, appropriate to the nature of the deposit, and the proper storage, removal and care of the same; and shall give to the party or parties so depositing, a certificate specifying:the sum advanced; the date of deposit; the article or articles deposited; the amount of charge; the time for which such deposits shall be kept; and the name of the depositor, and his, her, or their place of business, and if none, of abode. City Code, 1879, art. 33, §32 1893, art. 33, §39 1927, art. 25, §34 1950, art. 19, §44 1966, art. 15, §63 1976/83, art. 15, §82 Ord. 1867-074

The article so depositedmay and, if so agreed, shall be held by said pawnbroker 6 months, to be computed from the date of certificate as aforesaid; and if not then redeemed, or by contract the certificate thereof be renewed, it shall and may be lawful for the said pawnbroker then to proceed to have such deposit sold, on first giving 10 days’ notice in a newspaper published in said City, of the time, place, and mode of sale for cash and at public sale, which shall be effected by an agent by said pawnbroker to be designated. At the sale, it shall and may be lawful for the pawnbroker, when by him deemed essential for self-protection, to be a competitor. Upon such sale being made, an account thereof, sworn to by the agent effecting the same as in all respects fair and bona fide shall be rendered to and kept by said pawnbroker, and a copy thereof shall be delivered on reasonable demand to the depositor of the matter so sold. The proceeds of the sale shall be applied:first, to the payment of all expenses usual and incident to such sale, inclusive of any tax that thereon may be chargeable legally; secondly, to the legal interest and charges hereby authorized on advance and deposit as aforesaid and as herein specified; thirdly, to reimbursing to the pawnbroker the principal advanced, any deficiency wherein shall be a valid claim against such depositor; and any surplus shall be payable and paid to said depositor, or the party thereto legally entitled, if demanded at any time within 12 months from the day of such sale. City Code, 1879, art. 33, §33 1893, art. 33, §40 1927, art. 25, §35 1950, art. 19, §45 1966, art. 15, §64 1976/83, art. 15, §83 Ord. 1867-074

It shall be lawful for the said pawnbroker, in view and by reason of the necessity of extensive storage, labor incident thereto, porterage, insurance, and other expenses inseparable from the nature of the business hereby authorized, as affording a desirable and advantageous facility to the commercial and other classes of society, to charge therefor in addition to interest, at a reasonable rate, in no case to exceed 2½% each month or fraction thereof, to be computed on the principal advanced as aforesaid. For any month or fraction thereof in which the total amount of legal interest and additional charges of any loan are less than the minimum rates as hereafter set forth, it shall be lawful to charge, in lieu of such interest and additional charges, a minimum rate of:$0.25 on loans less than $4; $0.50 on loans of $4 or more but less than $8; $0.75 on loans of $8 or more but less than $12; and $1 on loans of $12 or more. Every pawnbroker shall cause to be kept in suitable books therefor, to be provided by said pawnbroker an accurate account of each transaction authorized by this subtitle. All the business and affairs of said pawnbroker shall be subject at all times to inspection of such agent or officer of Baltimore City or of such committee as for that purpose may be designated by the Mayor and City Council of Baltimore. City Code, 1879, art. 33, §34 1893, art. 33, §41 1927, art. 25, §36 1950, art. 19, §46 1966, art. 15, §65 1976/83, art. 15, §84 Ord. 1867-074 Ord. 59-1909

No license as a pawnbroker shall be granted to any person who has an ordinary license, or license for the retailing of spirituous liquors. No house wherein said trade or business is carried on shall be opened at an earlier hour than 8 a.m., nor shall it be kept open later 6:30 p.m., except between December 15 and December 31, inclusive, when it may be kept open until 11 p.m. No business shall be conducted on a Sunday by a pawnbroker in Baltimore City. City Code, 1879, art. 33, §37(intro)) 1893, art. 33, §§37(4th cl.), 44(1st sen.) 1927, art. 25, §§31(4th sen.), 39(1st sen.) 1950, art. 19, §§41(4th sen.), 49(1st sen.) 1966, art. 15, §§60(3rd sen.), 67(1st sen.) 1976/83, art. 15, §§79(3rd, 4th sens.), 86(a) Ord. 1890-037 Ord. 20-526 Ord. 54-1273 Ord. 94-332

The license of any pawnbroker who has violated 2 or more provisions of this subtitle within a 12-month period may be suspended or revoked by the Director of the Department of Consumer Protection and Business Licensing if there appears to him sufficient cause for so doing. City Code, 1976/83, art. 15, §86(b) Ord. 94-332

If any person or persons shall sustain any injury or damage from any act or default of a pawnbroker, contrary to the tenor of his obligation as aforesaid, such person or persons may institute an action in any court having jurisdiction, for his, her, or their use or benefit, in the name of the Mayor and City Council of Baltimore, upon the obligation given as aforesaid, in which action he, she, or they shall recover judgment for the amount of the damages sustained. City Code, 1879, art. 33, §35 1893, art. 33, §42 1927, art. 25, §37 1950, art, 19, §47 1966, art. 15, §66 1976/83, art. 15, §85 Rev. Ords. 1858-038

Any person, firm, corporation, or other legal entity violating any provision of this subtitle shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than $500 and not more than $1,000 or to imprisonment for not longer than 6 months, or to both fine and imprisonment, in the discretion of the court. City Code, 1879, art. 33, §38 1893, art. 33, §45 1927, art. 25, §40 1950, art. 19, §50 1966, art. 15, §68 1976/83, art. 15, §87 Rev. Ords. 1858-038 Ord. 41-409 Ord. 94-332