54.1-4009 - Records to be kept; credentials of person pawning goods; fee; penalty.
§ 54.1-4009. Records to be kept; credentials of person pawning goods; fee;penalty.
A. Every pawnbroker shall keep at his place of business an accurate andlegible record of each loan or transaction in the course of his business,including transactions in which secondhand goods, wares or merchandise arepurchased for resale. The account shall be recorded at the time of the loanor transaction and shall include:
1. A description, serial number, and a statement of ownership of the goods,article or thing pawned or pledged or received on account of money loanedthereon, or purchased for resale;
2. The time, date and place of the transaction;
3. The amount of money loaned thereon at the time of pledging the same orpaid as the purchase price;
4. The rate of interest to be paid on such loan;
5. The fees charged by the pawnbroker, itemizing each fee charged;
6. The full name, residence address, telephone number, and driver's licensenumber or other form of identification of the person pawning or pledging orselling the goods, article or thing, together with a particular description,including the height, weight, date of birth, race, gender, hair and eyecolor, and any other identifying marks, of such person;
7. Verification of the identification by the exhibition of agovernment-issued identification card such as a driver's license or militaryidentification card. The record shall contain the type of identificationexhibited, the issuing agency, and the number thereon;
8. As to loans, the terms and conditions of the loan, including the periodfor which any such loan may be made; and
9. All other facts and circumstances respecting such loan or purchase.
B. A pawnbroker may maintain at his place of business an electronic record ofeach transaction involving goods, article or things pawned or pledged orpurchased. If maintained electronically, a pawnbroker shall retain theelectronic records for at least one year after the date of the transactionand make such electronic records available to any duly authorizedlaw-enforcement officer upon request.
C. For each loan or transaction, a pawnbroker may charge a service fee formaking the daily electronic reports to the appropriate law-enforcementofficers required by § 54.1-4010, creating and maintaining the electronicrecords required under this section, and investigating the legal title toproperty being pawned or pledged or purchased. Such fee shall not exceed fivepercent of the amount loaned on such item or paid by the pawnbroker for suchitem or $3, whichever is less. Any person, firm, or corporation violating anyof the provisions of this section shall be guilty of a Class 4 misdemeanor.
D. The Superintendent of State Police shall promulgate regulations specifyingthe nature of the particular description for the purposes of subdivision A 6.
The Superintendent of State Police shall promulgate regulations specifyingthe nature of identifying credentials of the person pawning, pledging orselling the goods. Such credentials shall be examined by the pawnbroker, andan appropriate record retained thereof.
(Code 1950, § 54-851; 1976, c. 66; 1986, c. 316; 1988, c. 765; 1990, c. 783;1998, c. 848; 2001, c. 401; 2003, c. 448.)