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2022 Hawaii Revised Statutes
Title 25. Professions and Occupations
445. County Licenses
PART I. GENERAL
AND BOARDINGHOUSES
- 445-1 Definition: "Treasurer".
- 445-2 Treasurer to issue.
- 445-3 Signed by whom.
- 445-4 Fees in advance.
- 445-5 Fees; date when due and payable.
- 445-6 Place of business.
- 445-7 and 445-8 REPEALED.
- 445-9 Canceled on transferring, etc., business; penalty.
- 445-10 Term of license.
- 445-11 Exposed to view; penalty.
- 445-12 Business without license forbidden; not transferable; penalty.
- 445-13 License inspectors.
- 445-14 Limits of license.
- 445-15 Control by ordinance.
- 445-16 REPEALED.
- 445-21 Fee.
- 445-22 Public auction unlawful when.
- 445-23 Hours for auctions.
- 445-24 Fictitious bids.
- 445-25 Description of goods sold considered warranties.
- 445-26 Auction at places other than auction room; mock auctions.
- 445-27 Penalty.
- 445-28 Place of public auction room.
- 445-29 Designation of place for business.
- 445-30 Record books.
- 445-31 Bond.
- 445-32 Suit to enjoin violation and action for damages.
- 445-33 Suit on bond.
- 445-34 Suit at whose cost.
- 445-35 Auctioneer's charges.
- 445-36 Auctioneer may sue.
- 445-37 Public officers, etc., may sell without license.
- 445-38 Auctioneer's agent.
AND BOARDINGHOUSES
- 445-90 Definitions.
- 445-90.5 Exemption.
- 445-91 REPEALED.
- 445-92 REPEALED.
- 445-93 REPEALED.
- 445-94 Clearance required.
- 445-95 Conditions for conditional operation.
- 445-95.1 Unfair or deceptive practices prohibited.
- 445-95.2 Unfair and deceptive practices defined.
- 445-95.3 Powers of the director.
- 445-95.4 Penalty. Any person, firm, company, association, or corporation committing any unfair or deceptive practice as defined in section 445-95.2 shall be fined $500 for each violation. [L 1988, c 313, pt of §3]
- 445-95.5 Suits by the State.
- 445-95.6 Suits by individuals.
- 445-95.7 Jurisdiction, venue.
- 445-96 Penalty.
- 445-97 REPEALED.
- 445-98 REPEALED.
- 445-111 Definitions.
- 445-112 Where and when permitted.
- 445-112.5 Vehicular advertising prohibited; penalty.
- 445-113 Regulation by counties.
- 445-114 Unlawful posting in public places.
- 445-115 Same; consent of owner.
- 445-116 to 445-119 REPEALED.
- 445-120 Enforcement by civil suit.
- 445-121 Penalty.
- 445-131 Definitions.
- 445-132 Fee.
- 445-133 and 445-134 REPEALED.
- 445-134.11 Pawn transaction agreement; disclosure requirements.
- 445-134.12 Pawn finance charge. (a) Pawn finance charges shall be deemed to be earned at the time the agreement for the pawn transaction is made and shall not be subject to a refund. (b) The maturity date of any pawn transaction may be changed to a subsequent date no more than two times by agreement between the customer and the pawnbroker upon payment of the pawn finance charge, and in that event the pawnbroker may contract for and receive another pawn finance charge computed in accordance with this part as for a new transaction. (c) Pledged goods not redeemed by the customer on or before the date fixed as the maturity date for the transaction in the pawn agreement shall be held by the pawnbroker for at least thirty days following the maturity date, and may be redeemed by the original customer within the holding period by the payment of an additional pawn finance charge equal to one-thirtieth of the pawn finance charge stated in the pawn transaction agreement for each day following the maturity date, including the day on which the pledged goods are redeemed. (d) Where a pawnbroker is conducting business in accordance with this part, the pawn finance charge shall not be governed by chapter 478. [L 1992, c 192, pt of §2]
- 445-134.13 Prohibited practices. (a) No pawnbroker shall: (1) Charge or receive any pawn finance charge exceeding twenty per cent a month; (2) Contract for or receive any amounts other than the pawn finance charge in connection with a pawn transaction; (3) Accept a pledge or purchase of property from a person under the age of eighteen years; (4) Accept any waiver, in writing or otherwise, of any right or protection accorded a customer under this part; (5) Fail to exercise reasonable care to protect pledged goods from loss or damage; (6) Fail to return pledged goods to a customer within three business days of payment of the full amount due the pawnbroker on the pawn transaction; (7) Make any charge for insurance, storage, or handling in connection with a pawn transaction; (8) Enter into a pawn transaction which has a maturity date more than one month after the date the pawn transaction agreement is signed; (9) Accept pledged goods or buy merchandise from a person unable to supply verification of identity by photo identification card, a state-issued identification card, driver's license, or federal government-issued identification card; provided that in addition to such verification, the pawnbroker shall take the person's thumbprint, and retain the thumbprint on file; (10) Make any agreement requiring the personal liability of a customer in connection with a pawn transaction or creating any obligation on the part of the customer to redeem pledged goods or make any payment on a pawn transaction; (11) Allow a customer's pawn account to exceed $10,000. For purposes of this paragraph, "pawn account" means the total accumulation of unpaid pawn finance charges for any single customer; or (12) Accept vehicles, vessels, or negotiable instruments as pledged goods, or certificates of title or registration of vehicles or vessels as evidence of possession of pledged goods. (b) Any person who violates this section shall be penalized pursuant to section 445-136. [L 1992, c 192, pt of §2; am L 1993, c 44, §1; am L 1997,
- 445-134.14 Redemption of pledged goods. (a) Except as otherwise provided by this part, any person properly identified as the customer in a pawn transaction or as the assignee or agent thereof, and presenting a pawn transaction agreement to the pawnbroker, shall be presumed to be entitled to redeem the pledged goods described therein. (b) If a pawn transaction agreement is lost, destroyed, or stolen, the customer may so notify the pawnbroker in writing, and receipt of such notice shall invalidate the pawn transaction agreement as an instrument to redeem the pledged goods, if the pledged goods have not previously been redeemed. Before delivering the pledged goods or issuing a new pawn transaction agreement, the pawnbroker may require the customer to sign a written statement or affidavit concerning the loss, destruction, or theft of the pawn transaction agreement. [L 1992, c 192, pt of §2]
- 445-134.15 Pawnbroker's recourse.
- 445-134.16 Pawnbroker liability.
- 445-134.17 Recordkeeping.
- 445-134.18 Compliance with other applicable law. All pawnbrokers shall comply with the requirements of chapter 486M. [L 1992, c 192, pt of §2]
- 445-134.19 Conformity with federal law. Every pawn transaction agreement that complies with the disclosure requirements of the federal Truth in Lending Act as of the date upon which the pawn transaction agreement is signed shall be deemed to comply with the disclosure provisions of this part. [L 1992, c 192, pt of §2]
- 445-135 Acting without license; penalty.
- 445-136 Breach of condition; penalty.
Note
Repealed parts under former scheme of chapter and as referenced in text are not reflected in above analysis.
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