Chapter 20 - Pawnbrokers

In pursuance of the authority conferred by the N.C.G.S., particularity Chapter 66 Article 45, the County Commissioners of Henderson County, North Carolina, hereby ordain and enact into law the following sections

The provisions set forth in this Chapter are designed to ensure a sound system of making loans, acquiring and disposing of tangible personal property by and through pawnshops and to prevent unlawful property transactions, particularity in stolen property, through licensing and regulating pawnbrokers; and to provide for licensing fees and investigation fees of licensees; and to ensure financial responsibility to the County, state and the general public; and to ensure compliance with federal and state laws; and to assist Henderson County in the exercise of its police authority.

The provisions of this Chapter shall apply to the unincorporated areas of Henderson County outside the municipal limits of any city or incorporated municipality as defined by N.C.G.S. 160A-1(2).This Chapter shall also apply to any municipality upon specific request of the governing body of the municipality and consent of the Henderson County Board of Commissioners through an interlocal agreement pursuant to N.C.G.S. Chapter 160A, Article 20.

After the effective date of this Chapter, it shall be unlawful for any person, firm or corporation to establish or conduct the business of pawnbroker unless such person, firm or corporation has procured a license to conduct business in compliance with the requirements of this Chapter

To be eligible for a pawnbroker’s license, an applicant must submit a petition to the Board of County Commissioners showing:

1. Compliance with N.C.G.S Chapter 66 Article 45.
2. Compliance with the following additional County requirements:
   1. A criminal record check from the Clerk of Court of every county where the applicant has resided during the past 10 years.
   2. Written references from two or more local citizens.
   3. A notarized statement to the effect that the applicant has read understands and agrees to comply with the provisions N.C.G.S Chapter 66 Article 45and this Chapter.
   4. A local record check for all prospective pawnshop employees.
   5. Payment of $50 to Henderson County for an annual license fee.

It shall be the duty of the Clerk to the Board of County Commissioners to:

1. Establish and maintain the appropriate records for the administration of this Chapter and
   to receive, review and present to the Chairman of the Board of Commissioners for
   consideration by the Board of Commissioners at a regular scheduled meeting all properly
   completed petitions for pawnbrokers' licenses. Upon approval of the petition, the Clerk to
   the Board shall prepare the license for signature by the Chairman and deliver the duly
   executed license to the petitioner.
2. Enforce the provisions of this Chapter and cause to be conducted any investigations
   necessary concerning alleged violations.

Any person, firm or corporation violating any provision of this chapter shall be subject to the penalties set forth in Henderson County Code Chapter 1, General Provisions, Article II

This Chapter may be amended by the Board of County Commissioners in accord with statutory provisions governing ordinances of this type

In pursuance of the authority conferred by the N.C.G.S., particularity Chapter 66 Article 45, the County Commissioners of Henderson County, North Carolina, hereby ordain and enact into law the following sections

The provisions set forth in this Chapter are designed to ensure a sound system of making loans, acquiring and disposing of tangible personal property by and through pawnshops and to prevent unlawful property transactions, particularity in stolen property, through licensing and regulating pawnbrokers; and to provide for licensing fees and investigation fees of licensees; and to ensure financial responsibility to the County, state and the general public; and to ensure compliance with federal and state laws; and to assist Henderson County in the exercise of its police authority.

The provisions of this Chapter shall apply to the unincorporated areas of Henderson County outside the municipal limits of any city or incorporated municipality as defined by N.C.G.S. 160A-1(2).This Chapter shall also apply to any municipality upon specific request of the governing body of the municipality and consent of the Henderson County Board of Commissioners through an interlocal agreement pursuant to N.C.G.S. Chapter 160A, Article 20.

After the effective date of this Chapter, it shall be unlawful for any person, firm or corporation to establish or conduct the business of pawnbroker unless such person, firm or corporation has procured a license to conduct business in compliance with the requirements of this Chapter

To be eligible for a pawnbroker’s license, an applicant must submit a petition to the Board of County Commissioners showing:

1. Compliance with N.C.G.S Chapter 66 Article 45.
2. Compliance with the following additional County requirements:
   
   1. A criminal record check from the Clerk of Court of every county where the applicant has resided during the past 10 years
   2. Written references from two or more local citizens.
   3. A notarized statement to the effect that the applicant has read understands and agrees to comply with the provisions N.C.G.S Chapter 66 Article 45 and this Chapter.
   4. A local record check for all prospective pawnshop employees.
   5. Payment of $50 to Henderson County for an annual license fee.

It shall be the duty of the Clerk to the Board of County Commissioners to:

1. Establish and maintain the appropriate records for the administration of this Chapter and to receive, review and present to the Chairman of the Board of Commissioners for consideration by the Board of Commissioners at a regular scheduled meeting all properly completed petitions for pawnbrokers' licenses. Upon approval of the petition, the Clerk to the Board shall prepare the license for signature by the Chairman and deliver the duly executed license to the petitioner.
2. Enforce the provisions of this Chapter and cause to be conducted any investigations necessary concerning alleged violations.

Any person, firm or corporation violating any provision of this chapter shall be subject to civil penalties of $50.00 for each violation, with each day of violation being treated as a separate violation.

This Chapter may be amended by the Board of County Commissioners in accord with statutory provisions governing ordinances of this type.

The following terms are defined for purposes of this Chapter:

1. Cash Converter - has the same meaning as defined in N.C.G.S Chapter 66.
2. Pawnbroker - has the same meaning as defined in N.C.G.S Chapter 66.
3. Pawnshop - has the same meaning as defined in N.C.G.S Chapter 66.
4. Precious Metals Dealer - has the same meaning as defined in N.C.G.S Chapter 66.
5. Secondary Metals Recycler - has the same meaning as defined in N.C.G.S Chapter 66.
6. Cash - In addition to and interpretation of the foregoing incorporated statutory definitions of “cash converter”, “pawnbroker”, “pawnshop”, “precious metals dealers” and “secondary metals dealers”, for the purposes of this Ordinance, the term “cash”, when construing that for which goods are purchased or otherwise obtained from the public, shall include checks, drafts, demand instruments, notes, “IOUs” and any other instrument indicating an present or future obligation to pay cash or other valuable consideration.

Every owner or operator of a cash converter business, pawnbroker, pawnshop, precious metals dealer or secondary metals recycler subject to this Ordinance shall maintain an electronic inventory tracking system which is capable of delivery and transmission of all information required by N.C.G.S. 66-391 or 66-392 (for cash converters, pawnbrokers and pawnshops) or N.C.G.S. 66-410 (for precious metals dealers) or N.C.G.S. 66-421 (for secondary metals dealers) by computer to the entity designated by the Henderson County Sheriff’s Office.

Every owner or operator of a cash converter business, pawnbroker, pawnshop, precious metals dealer or secondary metals recycler subject to this Ordinance is required to upload the information required by N.C.G.S. 66-391 or 66-392 to the entity designated by the Henderson County Sheriff’s Office within 1 business day of receipt of the goods purchased and/or pawned.