2006 Delaware Code - CHAPTER 23 — PAWNBROKERS AND JUNK DEALERS [EFFECTIVE UNTIL JAN. 1, 2007]

§ 2301. Definitions [Effective until Jan. 1, 2007]

(a) As used in this chapter:

(1) "Junk dealer" means any person whose business is to buy or sell old iron, brass, lead, copper or other metals or combinations of metals, paper, secondhand clothes or any secondhand personal property of any kind or description whatsoever.

(2) "Pawnbroker" means any person making a business of lending money on the deposit or pledge of personal property or other valuable things, other than printed evidences of indebtedness, or dealing in the purchase of personal property or other valuable things on condition of selling the same back again at the stipulated price to the seller or the seller's assignee.

(b) This chapter shall not apply to persons dealing in secondhand books. (24 Del. Laws, c. 162, § 1; Code 1915, § 1196; Code 1935, § 1382; 46 Del. Laws, c. 136, § 1; 24 Del. C. 1953, § 2301; 70 Del. Laws, c. 186, § 1.)

§ 2302. License required in New Castle County [Effective until Jan. 1, 2007]

No person shall within the limits of New Castle County carry on the business of a pawnbroker or junk dealer without first having taken out a license and duly qualified as provided in this chapter. (24 Del. Laws, c. 162, § 13; Code 1915, § 1208; Code 1935, § 1394; 24 Del. C. 1953, § 2302.)

§ 2303. Licenses; qualifications; issuance by Clerk of the Peace of New Castle County [Effective until Jan. 1, 2007]

The Clerk of the Peace of New Castle County shall annually on or before March 15 grant licenses under the Clerk of the Peace's hand and official seal to such persons, citizens of this State and corporations existing under the laws of this State, as shall furnish satisfactory evidence of the good repute of such persons and corporations to engage in and carry on the business of pawnbroker or junk dealer.

The licenses shall designate the building in which the person or corporation shall carry on the business. No person or corporation shall engage in or carry on the business of pawnbroker or junk dealer in New Castle County in any other building than the one designated in the license. (24 Del. Laws, c. 162, § 1; Code 1915, § 1196; Code 1935, § 1382; 46 Del. Laws, c. 136, § 1; 24 Del. C. 1953, § 2303; 70 Del. Laws, c. 186, § 1.)

§ 2304. License fees [Effective until Jan. 1, 2007]

Every person receiving a license for conducting the business of pawnbroker shall pay therefor to the Clerk of the Peace of New Castle County $75 for the use of New Castle County.

Every person receiving a license for conducting the business of junk dealer shall pay therefor to the Clerk of the Peace of New Castle County $25 for the use of New Castle County. (24 Del. Laws, c. 162, § 2; Code 1915, § 1197; Code 1935, § 1383; 46 Del. Laws, c. 137, § 1; 24 Del. C. 1953, § 2304.)

§ 2305. Pawnbroker's bond [Effective until Jan. 1, 2007]

Every person licensed to carry on the business of pawnbroker shall at the time of receiving such license, or before the same shall become operative, enter with sufficient surety into a joint and several bond with a warrant of attorney for the confession of judgment thereto attached to this State, in the penal sum of $1,000, conditioned for the due observance of all such laws of this State as may be passed or enforced respecting pawnbrokers at any time during the continuance of such license. The bond shall be filed with the Prothonotary of the Superior Court in New Castle County.

If any person is damaged by the misconduct of any licensed pawnbroker and recovers judgment against such licensed pawnbroker therefor, such person may, after the return unsatisfied, either in whole or in part, of any execution issued upon such judgment, maintain an action in the person's own name upon the bond of such pawnbroker in any court having jurisdiction of the amount claimed, provided, such court, upon application made for the purpose, grants such leave to prosecute. (24 Del. Laws, c. 162, § 3; Code 1915, § 1198; Code 1935, § 1384; 24 Del. C. 1953, § 2305; 58 Del. Laws, c. 240, § 5; 70 Del. Laws, c. 186, § 1.)

§ 2306. Pawnbroker's insurance [Effective until Jan. 1, 2007]

Every person applying for a license to conduct the business of a pawnbroker shall first effect an insurance against fire for $1,000, for the protection of goods, pawned or pledged. The amount of insurance shall be increased at any time to any sum not exceeding $5,000 upon demand by the Clerk of the Peace of New Castle County.

The policy of insurance shall state on its face that it is issued for the protection of pawned or pledged goods and shall be assigned to the Clerk of the Peace of New Castle County for the purpose of protecting against loss any person whose goods, wares, merchandise or chattels, having been so pawned or pledged, may be lost or damaged by fire. (24 Del. Laws, c. 162, § 4; Code 1915, § 1199; Code 1935, § 1385; 24 Del. C. 1953, § 2306.)

§ 2307. Pawn ticket and memorandum [Effective until Jan. 1, 2007]

Any person engaged in the business of pawnbroker shall furnish to each applicant or customer a ticket on which is printed a number corresponding with the number used to identify the article placed in pawn, also the amount given in cash, together with all charges, and the total amount to be paid when the article is to be redeemed.

Every pawnbroker shall, at the time any loan is made on goods or articles, deliver to the person pawning or pledging such goods or articles a memorandum or note, signed by such person and containing an account and description of the goods or articles pawned or pledged. No charge shall be made or received by any pawnbroker for any such ticket entry, memorandum or note. (24 Del. Laws, c. 162, §§ 5, 6; Code 1915, §§ 1200, 1201; 28 Del. Laws, c. 81, § 1; Code 1935, §§ 1386, 1387; 47 Del. Laws, c. 263, § 1; 24 Del. C. 1953, § 2307.)

§ 2308. Rate of interest [Effective until Jan. 1, 2007]

No person conducting the business of a pawnbroker shall ask, demand or receive a greater rate of interest than 3 percent per month on any loans secured by pledge of personal property. (24 Del. Laws, c. 162, § 8; Code 1915, § 1203; 30 Del. Laws, c. 83, § 1; Code 1935, § 1389; 24 Del. C. 1953, § 2308.)

§ 2309. Sale of pledged articles; pledge of workers' tools and artificial limbs [Effective until Jan. 1, 2007]

No person conducting the business of pawnbroker shall:

(1) Sell any goods or articles pawned or pledged until the same shall have remained at least 4 months in the possession of such person, except that wearing apparel may be sold after the same has remained in the possession of such person for 2 months; or

(2) Take and receive as a pledge or pawn any workers' tools; or

(3) Take or receive as a pledge or pawn any artificial limbs, or other appliance useful to and necessary to the convenience or comfort of any cripple or person deprived in part or whole of any natural limb. (24 Del. Laws, c. 162, § 9; Code 1915, § 1204; Code 1935, § 1390; 24 Del. C. 1953, § 2309; 70 Del. Laws, c. 186, § 1.)

§ 2310. Purchasing or accepting goods from intoxicated persons; penalties [Effective until Jan. 1, 2007]

Whoever, being engaged in the business of dealing in secondhand goods, or acting for any person so engaged, knowingly purchases from any person under the influence of any intoxicating liquor or drug, any wearing apparel or household goods; or whoever, being engaged in the business of a pawnbroker, or acting for any person so engaged, knowingly accepts in pledge or pawn any such apparel or goods from any person under such influence; shall be fined not more than $50 or imprisoned not more than 3 months, or both. (24 Del. Laws, c. 163, § 1; Code 1915, § 1204; Code 1935, § 1390; 24 Del. C. 1953, § 2310.)

§ 2311. Retention, disfiguration and destruction of pledged articles [Effective until Jan. 1, 2007]

No articles, goods, property or things of any kind received on deposit by purchase or as a pledge by any person conducting the business of a pawnbroker shall be permitted to be removed from the place of business of such pawnbroker for a period of 4 months from the time of such deposit, purchase or pledge (except the same be redeemed by the owner). Wearing apparel shall not be removed from the place of business for a period of 2 months.

No article, goods, property or thing coming into the hands or possession of any person conducting the business of a pawnbroker shall be disfigured or its identity destroyed or affected in any manner so long as it continues in the possession of such pawnbroker. (24 Del. Laws, c. 162, § 11; Code 1915, § 1206; Code 1935, § 1392; 47 Del. Laws, c. 264, § 1; 24 Del. C. 1953, § 2311.)

§ 2312. Purchase by junk dealer from minor [Effective until Jan. 1, 2007]

No person conducting the business of a junk dealer shall take from or receive by purchase, gift or otherwise any secondhand metal property whatsoever from any minor. (24 Del. Laws, c. 162, § 10; Code 1915, § 1205; Code 1935, § 1391; 47 Del. Laws, c. 169, § 1; 24 Del. C. 1953, § 2312.)

§ 2313. Records to be kept and reports to be rendered to police [Effective until Jan. 1, 2007]

(a) Every person conducting the business of pawnbroker or junk dealer shall keep a book or books in which shall be fairly written in English within 24 hours after each loan or purchase an accurate account and description of the goods, articles or things pawned, pledged or purchased, the amount of money loaned thereon or the amount of money paid therefor, the time of pledging or purchasing the same and the rate of interest to be paid on such loan, together with the description of the person pawning or pledging or selling such goods, including the color of the person's complexion, color of eyes and hair, stature and general appearance.

(b) The book or books shall be prepared and furnished to such person so conducting the business of a pawnbroker or junk dealer by the Police Department of the City of Wilmington at the expense of such person so conducting the business of pawnbroker or junk dealer.

(c) Every pawnbroker shall return to the office of the Chief of Police of the City of Wilmington every day before noon a sheet showing all business transacted by the pawnbroker on the previous day and giving an accurate description of the goods, articles or things pawned, pledged or purchased, the amount of money loaned thereon, or the amount of money paid therefor, the time of pledging or purchasing the same and the rate of interest to be paid on such loan, together with a description of the person pawning or pledging such goods or articles including the color of the person's complexion, color of eyes and hair and general appearance. (24 Del. Laws, c. 162, § 5; Code 1915, § 1200; 28 Del. Laws, c. 81, § 1; Code 1935, § 1386; 47 Del. Laws, c. 263, § 1; 24 Del. C. 1953, § 2313; 70 Del. Laws, c. 186, § 1.)

§ 2314. Inspection of books [Effective until Jan. 1, 2007]

The books provided for in § 2313 of this title shall at all times be open to the inspection of the Attorney General, or any Deputy Attorney General, the Chief of Police and the police officers of the City of Wilmington, the state detectives and other peace officers resident in New Castle County. (24 Del. Laws, c. 162, § 7; Code 1915, § 1202; Code 1935, § 1388; 24 Del. C. 1953, § 2314; 71 Del Laws, c. 176, § 31.)

§ 2315. Searches and seizures [Effective until Jan. 1, 2007]

Every person engaged in the business of a pawnbroker or junk dealer under this chapter and every person employed in the conduct of such business shall admit to any and every part of the premises designated in the license, at any time, any member of the police force of the City of Wilmington or other peace officer of this State to examine any goods, articles, pledges, pawns, books or other record on the premises and to search for and to take into possession any article known or believed by such police officer of the City of Wilmington or peace officers of this State to have been stolen.

Such police officer of the City of Wilmington and peace officer of this State may make any such search or seizure as is provided for in this chapter.

This section shall be subject to Chapter 23 of Title 11. If there is any conflict or inconsistency between this section and such Chapter 23 of Title 11, the latter shall prevail. (24 Del. Laws, c. 162, § 12; Code 1915, § 1207; Code 1935, § 1393; 24 Del. C. 1953, § 2315.)

§ 2316. Seizure of stolen goods; notice to police [Effective until Jan. 1, 2007]

Any person conducting the business of a pawnbroker or junk dealer shall seize or take into possession any goods offered to such person as a pledge or pawn or for sale, which such person has reason to believe have been stolen. Such person shall immediately notify the police department of the City of Wilmington of such seizure, together with the description of the person offering such goods for sale, pawn or pledge. (24 Del. Laws, c. 162, § 14; Code 1915, § 1209; Code 1935, § 1395; 24 Del. C. 1953, § 2316.)

§ 2317. Audit of accounts of Clerk of the Peace; report [Effective until Jan. 1, 2007]

The Department of Finance of New Castle County shall audit in the month of November of each year the accounts of the Clerk of the Peace of the County, with regard to such persons as have been licensed to conduct the business of pawnbroker or junk dealer, and report in writing the result of its audit to the County Council of New Castle County within 30 days thereafter. (24 Del. Laws, c. 162, § 15; Code 1915, § 1210; Code 1935, § 1396; 24 Del. C. 1953, § 2317.)

§ 2318. Penalties [Effective until Jan. 1, 2007]

Whoever violates this chapter shall, except where another penalty is provided in this chapter, be fined not less than $50 nor more than $1,000 for the use of New Castle County and, in default of the payment of any fine imposed under this section, shall be imprisoned not less than 1 month nor more than 1 year for each and every offense. (24 Del. Laws, c. 162, § 16; Code 1915, § 1211; Code 1935, § 1397; 46 Del. Laws, c. 135, § 1; 24 Del. C. 1953, § 2318.)