§ 29-11.9-103 — Required acts of pawnbrokers

Colorado § 29-11.9-103

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Pawnbrokers

Text

(1) A pawnbroker shall record
the following information in a register, as described in section 18-16-105: The name,
address, and date of birth of the customer and the driver's license number or other
identification number from any other form of identification that is allowed for the
sale of valuable articles pursuant to section 18-16-103 or for the sale of secondhand
property pursuant to section 18-13-114; the date, time, and place of the contract for
purchase or purchase transaction; an accurate and detailed account and
description of each item of tangible personal property, including but not limited to
any trademark, identification number, serial number, model number, brand name, or
other identifying marks on such property; and, for a store credit, gift card, or
merchandise card, the identification number, name of the retailer, and the value of
credit or card. The pawnbroker shall also obtain a written declaration of the
customer's ownership, which shall state that the tangible personal property is
totally owned by the customer, or shall have attached to the declaration a power of
sale from the partial owner to the customer, how long the customer has owned the
property, whether the customer or someone else found the property, and, if the
property was found, the details of the finding.

(2) The customer shall sign the electronic record and the declaration of
ownership and shall receive a copy of the contract for purchase or a receipt of the
purchase transaction.

(3) The electronic record, as well as a copy of the contract for purchase or a
receipt of the purchase transaction, shall be made accessible to any local law
enforcement agency for inspection at any reasonable time.

(4) The pawnbroker shall keep each electronic record for at least three years
after the date of the last transaction entered in the register.

(5) A pawnbroker shall hold all contracted goods within his or her jurisdiction
for a period of ten days following the maturity date of the contract for purchase,
during which time the goods shall be held separate and apart from any other
tangible personal property and shall not be changed in form or altered in any way.

(6) A pawnbroker shall hold all property purchased by him or her through a
purchase transaction for thirty days following the date of purchase, during which
time such property shall be held separate and apart from any other tangible
personal property and shall not be changed in form or altered in any way.

(7) (a) Every pawnbroker shall provide the local law enforcement agency, on
a weekly basis, with two records, on a form to be provided or approved by the local
law enforcement agency, of all tangible personal property accepted during the
preceding week and one copy of the customer's declaration of ownership. The form
shall contain the same information required to be recorded in the pawnbroker's
register or other tangible or electronic record pursuant to subsection (1) of this
section. The local law enforcement agency shall designate the day of the week on
which the records and declarations shall be submitted.

(b) A local law enforcement agency is not required to use the information
submitted pursuant to subsection (7)(a) of this section to provide a benefit to the
general public. The state and local governments may enact no further fees,
charges, or taxes related to the use of the information provided to local law
enforcement.

Legislative History

Source: L. 2017: Entire article added with relocated provisions, (SB 17-228), ch. 246, p. 1039, � 3, effective August 9. L. 2019: (1) to (4) amended, (SB 19-014), ch. 87, p. 323, � 3, effective August 2.