CHAPTER 409*
PAWNBROKERS

      *Sec. 21-39 et seq. cited. 201 C. 89.

Table of Contents

Sec. 21-39. License required. Loans on intangible property excepted.
Sec. 21-40. Issuance of licenses. Fees.
Sec. 21-41. Record of property received and of persons depositing, pledging or selling same.
Sec. 21-42. Memorandum to person pawning, pledging or selling property. Payment terms.
Sec. 21-43. Weekly reports. Penalty.
Sec. 21-44. Rates of interest.
Sec. 21-45. Sale or disposition of pledged property.
Sec. 21-46. Security not defeated by out-of-state conditional sale.
Sec. 21-46a. Seizure of property by law enforcement officer.
Sec. 21-47. Penalties.

      Sec. 21-39. License required. Loans on intangible property excepted. No person, corporation, limited liability company or partnership shall, in any city or town of this state, engage in or carry on the business of loaning money upon deposits or pledges of wearing apparel, jewelry, ornaments, household goods or other personal property, or of purchasing such property on condition of selling the same back again at a stipulated price, unless such person, corporation, limited liability company or partnership is licensed as a pawnbroker; but the provisions of this chapter shall apply only if such property is deposited with a lender, and shall not apply to loans made upon stock, bonds, notes or other written or printed evidence of ownership of property or of indebtedness to the holder or owner of any such securities.

      (1949 Rev., S. 4663; P.A. 97-164, S. 1.)

      History: P.A. 97-164 added references to "limited liability company".

      Cited. 201 C. 89.

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      Sec. 21-40. Issuance of licenses. Fees. The selectmen of any town and the chief of police of any city may grant licenses to suitable persons to be pawnbrokers and to carry on the business of lending money on the deposit or pledge of personal property, or of purchasing such property on condition of selling it back again at a stipulated price, or of purchasing such property from a person who is not a wholesaler, in such town or city respectively, and may revoke such licenses for cause; but the selectmen shall not grant such licenses for the carrying on of such business within the limits of any city. The person so licensed shall pay, for the benefit of any such city or town, respectively, to the authority granting such license a license fee of fifty dollars, and twenty-five dollars per year thereafter for renewal of such license, and shall, at the time of receiving such license, file, with the mayor of such city or the first selectman of such town, a bond to such city or town, with competent surety, in the penal sum of two thousand dollars, to be approved by such licensing authority, and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed. Each such license shall designate the place where such business is to be carried on and shall continue one year unless sooner revoked. No license shall be issued under this section by the selectmen or chief of police to any person who has been convicted of a felony. The selectmen or chief of police may require any applicant for a license under this section to submit to state and national criminal history records checks. If the selectmen or chief of police require such criminal history records checks, such checks shall be conducted in accordance with section 29-17a.

      (1949 Rev., S. 4664; 1972, P.A. 223, S. 28; P.A. 97-164, S. 2; P.A. 01-175, S. 18, 32.)

      History: 1972 act provided for $25 fee per year for renewal of license; P.A. 97-164 included the business of lending money on the "deposit" of personal property and the business "of purchasing such property from a person who is not a wholesaler", prohibited the issuance of a license to any person convicted of a felony, authorized the fingerprinting of applicants and required any fingerprints taken to be submitted to the F.B.I. for a national criminal history records check; P.A. 01-175 replaced provisions re fingerprinting and national criminal history records check with provisions re state and national criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001.

      Cited. 201 C. 89.

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      Sec. 21-41. Record of property received and of persons depositing, pledging or selling same. (a) No pawnbroker or person who loans money on the deposit or pledge of wearing apparel, jewelry, ornaments, household goods or other personal property or purchases such property on condition of selling the same back again at a stipulated price or purchases such property from a person who is not a wholesaler shall take, receive or purchase such property without receiving proof of the identity of the person depositing, pledging or selling the property. Such identification shall include a photograph, an address, if available on the identification, and an identifying number. Any person who wilfully violates any provision of this subsection shall, for a first violation, have committed an infraction and, for a second or subsequent violation committed within two years of a prior violation, be guilty of a class A misdemeanor.

      (b) Each such pawnbroker or person carrying on such business of loaning money on the deposit or pledge of personal property or of purchasing such property on condition of selling the same back again at a stipulated price or of purchasing such property from a person who is not a wholesaler shall maintain a record-keeping system deemed appropriate by the chief of police in cities and by the selectmen in towns, in which shall be entered in English, at the time he receives any article of personal property by way of pledge, pawn or purchase, a description of such article, the name, residence, proof of identity as required in subsection (a) of this section and a general description of the person from whom, and the day and hour when, such property was received. Such record-keeping system and the place where such business is carried on and all articles of property therein may be examined at all times by any state police officer, by any municipal police officer, by the selectmen of the town or any person by them designated or, if such business is carried on in a city, by the chief of police of such city or any person by him designated. Any state police officer or municipal police officer of the town or city where the business is carried on who performs such an examination may require any employee on the premises to provide proof of his identity.

      (1949 Rev., S. 4665; P.A. 93-115; P.A. 97-164, S. 3; P.A. 05-288, S. 87.)

      History: P.A. 93-115 added new provisions as Subsec. (a) requiring a person depositing or purchasing items from a pawnbroker to provide proof of identification, designating former provisions as Subsec. (b); P.A. 97-164 amended Subsec. (a) to delete reference to "loan broker", include any person who "purchases such property on condition of selling the same back again at a stipulated price or purchases such property from a person who is not a wholesaler", replace the provision that no pawnbroker or person shall "sell" such property without proof of "identification" of the person "purchasing" the property with provision that no pawnbroker or person shall "purchase" such property without proof of "the identity" of the person "selling" the property, require the identification to include an address "if available on the identification" and include "an identifying number", and add penalty provision of an infraction for a first violation and a class A misdemeanor for a second or subsequent violation committed within two years, and amended Subsec. (b) to include the business of loaning money on the "deposit" of personal property and the business "of purchasing such property on the condition of selling the same back again at a stipulated price or of purchasing such property from a person who is not a wholesaler", require the maintenance of a "record-keeping system" rather than a "book", include articles received by "purchase" in the record-keeping requirement, authorize examination "by any municipal police officer" and authorize any state policeman or municipal police officer to require any employee to provide proof of his identity; P.A. 05-288 made technical changes in Subsec. (b), effective July 13, 2005.

      Cited. 201 C. 89.

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      Sec. 21-42. Memorandum to person pawning, pledging or selling property. Payment terms. Each such pawnbroker shall, at the time of making any loan on a pawn or pledge of personal property or of purchasing such property on condition of selling the same back again at a stipulated price or of purchasing such property from a person who is not a wholesaler, deliver to the person who pawns, pledges or sells such property a memorandum or note containing the entry required to be made in his record-keeping system by the provisions of section 21-41. Each such pawnbroker shall pay for any property received by pawn, pledge or purchase only by check, draft or money order and shall not pay cash for any such property except when the pawnbroker cashes a check, draft or money order for the person who is pawning, pledging or selling the property. When the pawnbroker cashes a check, draft or money order, he shall require proof of the identity of the person presenting the check, draft or money order in accordance with subsection (a) of section 21-41. Any person who wilfully violates any provision of this section shall be guilty of a class A misdemeanor.

      (1949 Rev., S. 4666; P.A. 97-164, S. 4.)

      History: P.A. 97-164 made section applicable to a pawnbroker who purchases property on condition of selling the same back again at a stipulated price or purchases property from a person who is not a wholesaler, required the delivery of a memorandum or note to a person who sells property to a pawnbroker, replaced "book" with "record-keeping system", deleted prohibition on a pawnbroker charging for making the entry in the book or delivering the memorandum or note, required a pawnbroker to pay by check, draft or money order for any property received and prohibited payment by cash except when the pawnbroker cashes a check, draft or money order, required the pawnbroker to receive proof of identity when cashing a check, draft or money order and added penalty provision of class A misdemeanor.

      Cited. 201 C. 89.

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      Sec. 21-43. Weekly reports. Penalty. Each such pawnbroker shall make, weekly, a sworn statement of his transactions, describing the goods received and setting forth the name and residence and a description of the person from whom the goods were received, to the chief of police in cases of cities and boroughs, and in other cases to the town clerk of the town in which such pawnbroker resides. Any such pawnbroker who wilfully fails to make the report required by this section shall be fined not more than one hundred dollars.

      (1949 Rev., S. 4667.)

      Cited. 201 C. 89.

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      Sec. 21-44. Rates of interest. No pawnbroker or person who loans money on the deposit or pledge of personal property shall take or receive, for the use of money loaned on personal property, any more than the following rates: For the use of money amounting to fifteen dollars or less, five per cent per month or fraction thereof; for the use of money exceeding fifteen dollars in amount and not exceeding fifty dollars in amount, three per cent per month or fraction thereof; for the use of money exceeding fifty dollars in amount, two per cent per month or fraction thereof.

      (1949 Rev., S. 4669; P.A. 97-164, S. 5.)

      History: P.A. 97-164 deleted reference to a "loan broker", included the loaning of money on the "deposit" of personal property and deleted reference to "directly or indirectly" taking or receiving interest.

      Pawnbroker does not violate this section until he actually receives the unlawful interest. 63 C. 385. Discrimination in rate of interest allowed pawnbrokers is proper. 82 C. 234; 83 C. 1; 218 U.S. 5; Id., 563. Cited. 120 C. 664. Cited. 123 C. 95. Applies to repurchase transactions. 201 C. 89.

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      Sec. 21-45. Sale or disposition of pledged property. No pawnbroker shall sell or dispose of any personal property left with him in pledge for money loaned in less than two months from the day when the same is left in pledge as aforesaid. All such property may be sold or disposed of at the premises of such pawnbroker or at public sale after advertisement in a daily newspaper published in the town in which such pawnbroker carries on business, at least once two days before the date of the sale or sales, which advertisement shall state the numbers of the pledge tickets representing the property offered for sale, and the date or dates when such tickets were issued.

      (1949 Rev., S. 4670; P.A. 97-164, S. 6.)

      History: P.A. 97-164 replaced references to "lender" with "pawnbroker", reduced from six to two months the period pledged property must be held, and replaced provision that all such property "shall be sold or disposed of, at public or private sale," with provision that all such property "may be sold or disposed of at the premises of such pawnbroker or at public sale".

      Cited. 77 C. 150. Applies to repurchase transactions. 201 C. 89.

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      Sec. 21-46. Security not defeated by out-of-state conditional sale. Section 21-46 is repealed.

      (1949 Rev., S. 4671; 1959, P.A. 133, S. 10-102.)

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      Sec. 21-46a. Seizure of property by law enforcement officer. Whenever property is seized from the premises of a pawnbroker by a law enforcement officer, such officer shall give the pawnbroker a duly signed receipt for the property containing a case number, a description of the property, the reason for the seizure, the name and address of the officer, the name and address of the person claiming a right to the property prior to the pawnbroker and the name of the pawnbroker. If the pawnbroker claims an ownership interest in such property he may request the return of such property by filing a request therefor with the law enforcement agency in accordance with the provisions of section 54-36a.

      (P.A. 97-164, S. 8.)

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      Sec. 21-47. Penalties. (a) Any person, corporation, limited liability company or partnership which engages in the business of a pawnbroker, or in any business described in section 21-39, unless licensed according to law, or after notice that its license has been revoked, shall be guilty of a class D felony, and also shall forfeit treble the amount loaned on the property so pledged to any person injured thereby who sues therefor.

      (b) Any person, corporation, limited liability company or partnership which wilfully violates any of the provisions of this chapter for which no other penalty is provided or neglects to keep a record-keeping system in the English language or to make the entries therein as provided by law or refuses to allow the same to be inspected by the proper officers or receives an article of personal property by way of pawn, pledge or purchase from any minor, knowing or having reason to believe him to be a minor, shall be guilty of a class A misdemeanor.

      (1949 Rev., S. 4668; P.A. 97-164, S. 7.)

      History: P.A. 97-164 added reference to "limited liability company", increased the penalty for engaging in business without a license to a class D felony, increased the penalty to a class A misdemeanor for violating provisions of the chapter for which no other penalty is provided, neglecting to keep a record-keeping system or make the required entries, refusing to allow inspection of such system and receiving property from a minor and designated said latter penalty provision as new Subsec. (b).

      Cited. 201 C. 89.

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