Sec. 5-234. Secondhand Dealer and Pawn Dealer's and Employee Licenses

It shall be unlawful for any person, corporation, or other business entity in Prince George's County to operate as, or act as agent for, a secondhand dealer or pawn dealer unless in possession of a valid and unsuspended Secondhand Dealer or Pawn Dealer's License issued by the Director of Permitting, Inspections, and Enforcement.

The license shall be valid for one (1) year, and each license or renewal shall be subject to an annual fee as prescribed in the Table of Fees, section 2-253.63, Attachment A.

An applicant for a secondhand dealer or pawn dealer's license shall pay an annual fee as prescribed in the Table of Fees, section 2-253.63, Attachment A for each employee of the applicant. A secondhand dealer or pawn dealer shall pay an additional fee as prescribed in the Table of Fees, section 2-253.63, Attachment A for each employee when the employee is initially employed to cover the cost of conducting a criminal background check. Each employee of a secondhand dealer or pawn dealer shall submit a complete application for an employee license at least five (5) business days prior to working in the business of a secondhand dealer or pawn dealer.

The Director of Permitting, Inspections, and Enforcement may revoke or suspend the license described in this Section upon a finding that the licensee has been convicted of a theft offense, has operated for a period of more than thirty (30) days without a valid license, a licensed employee working in the establishment of the Secondhand Dealer and Pawn Dealer or the Dealer licensee is engaged regularly in the business of receiving, in exchange for money, trade, barter, or other valuable consideration, items prohibited in Section 5-233(b), or a licensed employee working in the establishment of the Secondhand Dealer and Pawn Dealer or the Dealer licensee has failed to comply with the provisions of this Division. The Director may deny an application for license if the applicant's license has been revoked or if the applicant is not of good moral character pursuant to the criteria set out in Section 5-204. The Director may deny an application for license if the applicant has not obtained a valid use and occupancy permit for the proposed location within two hundred and seventy (270) days from the date of the application.

The number of pawn dealer licenses shall be limited to thirty-one (31). Except as provided in this Section, pawn dealer licenses may not be leased, sold, assigned, or otherwise transferred, or held and operated where the controlling interest of the licensee's pawn shop business has been leased, sold, assigned or transferred to another individual or business. Such provision would not preclude the capital stock of publicly traded companies, trading on a public stock exchange and registered with the Securities and Exchange Commission (the "SEC"), from being bought and sold.

Any person who operates as a pawn dealer or secondhand dealer without possessing a valid unexpired pawn dealer license or secondhand dealer license and who subsequently obtains a pawn dealer license or secondhand dealer license shall have the license suspended for two business days for each day the person operated without a license. If the person operates more than thirty (30) calendar days without a license, the Director shall not issue a license for a period of one year after the violation was determined by the Director in accordance with this Section.

Prior to issuing a secondhand dealer license or pawn dealer license, the Director shall ascertain that the applicant has a valid use and occupancy permit for the proposed location.

Any person who operates as a pawn dealer or secondhand dealer must notify the Director and Chief of Police, in writing, on a form to be supplied by the Department of Permitting, Inspections, and Enforcement of the lease, sale, assignment, or transfer of the controlling interest of the licensee's pawn shop business within ten (10) days of the execution of the transaction.