Title 25, Professions And Occupations

[§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…

§445-134.13 Prohibited practices. (a) No pawnbroker shall: (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, c 121, §2; am L 1998, c 255, §1]

[§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 …

[§445-134.15] Pawnbroker's recourse. (a) Unless found to be stolen, mortgaged, or otherwise encumbered, any pledged goods not redeemed within the last holding period may thereafter, at the option of the pawnbroker, be forfeited and become the property of the pawnbroker. (b) Where…

[§445-134.16] Pawnbroker liability. Where the pawnbroker has exercised reasonable care in holding pledged goods, a pawnbroker's liability shall be limited to twice the original pawn amount or replacement in kind, at the pawnbroker's option, where the pledged goods have become los…

[§445-134.17] Recordkeeping. A copy of all pawn transactions shall be kept on the pawnshop premises and open to inspection by the proper authorities for a period of one year after the maturity date. [L 1992, c 192, pt of §2]

[§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 provisio…

§445-135 Acting without license; penalty. No person shall engage in business as a pawnbroker without first obtaining a license from the treasurer. Any person who carries on the business of pawnbroker except by authority of the license provided for in this part shall be fined not …

§445-136 Breach of condition; penalty. Every licensed pawnbroker who fails to comply with any of the provisions of this part shall be fined not more than $2,500 for each violation and shall forfeit the pawnbroker's license. [L 1886, c 28, §5; am L 1903, c 8, §2; RL 1925, §2076; R…

§445-14 Limits of license. Except as otherwise in this chapter provided, a license granted thereunder authorizes the carrying on of the business licensed only at the place indicated in the license. A license granted to carry on a business from place to place shall be limited to t…

PART VI. PEDDLERS §445-141 Licensing. Each council shall have the power to enact ordinances providing for the licensing and regulation of any person who peddles merchandise. [L 1907, c 96, pt of §1; am L 1917, c 122, §1; am L 1923, c 111, §1; RL 1925, §2077; RL 1935, §2498; am L …

§445-15 Control by ordinance. Each council has the power by ordinance:

PART VII. SECONDHAND DEALERS §445-171 Fee, conditions. The treasurer may grant licenses to suitable persons to be dealers and traders in secondhand articles, and may revoke such licenses for cause satisfactory to the treasurer. The licensees shall pay to the treasurer an annual f…

§445-172 Prohibitions; penalty. Every person who engages in the business of buying or selling secondhand articles, or who deals therein, unless licensed therefor according to law, or after notice that the person's license has been revoked, or who, being licensed, neglects to keep…

§445-2 Treasurer to issue. The treasurer, upon the application of any person, shall issue to the applicant any license in this chapter upon the terms and conditions in this chapter set forth, provided that the county shall have the option to license those businesses enumerated in…

PART II. AUCTION §445-21 Fee. The annual fee for a license to sell goods, wares, merchandise, or other property at auction, shall be $100 for each taxation district. [L 1896, c 64, §25; RL 1925, §1973; am L Sp 1932 2d, c 66, §1; RL 1935, §2417; RL 1945, §7018; RL 1955, §155-18; H…

§445-22 Public auction unlawful when. It shall be unlawful for any person to sell, offer for sale, or expose for sale at public auction, any personal property at any place other than in a public auction room, except: Upon conclusion of sale, the owner shall immediately file with …

§445-23 Hours for auctions. No auction sale of goods, wares, and merchandise shall be conducted between the hours of 9:00 o'clock in the evening and 8:00 o'clock in the morning, and no such auction of any nature or description shall be conducted during the months of November and …

PART X. SCRAP DEALERS §445-231 Definitions. As used in this chapter, unless the context otherwise requires: "Beer keg" means a metal container used to hold five gallons or more of liquid that is stamped, engraved, stenciled, or otherwise marked with the name of a brewery manufact…

§445-232 License. Any person who engages in the business as a scrap dealer shall be licensed with the treasurer. The treasurer shall have the power to grant license and to revoke such license upon reasonable cause. The annual license fee shall be $10. Every license granted under …

§445-233 Statement required. (a) Every scrap dealer, when the dealer purchases scrap within the State, shall obtain a written statement signed by the seller certifying that the seller has the lawful right to sell and dispose of the scrap. This statement shall also contain the sel…

§445-233.5 Payment for copper, palladium, platinum, or rhodium purchased by scrap dealer or recycler; check; mailing. (a) If the scrap dealer or recycler, as applicable, purchases any copper, palladium, platinum, or rhodium, payment for the copper, palladium, platinum, or rhodium…

§445-234 Applicability. Any person required to be licensed under chapter 289 or under section 445-171 shall not be required to pay an additional fee under section 445-232; provided that such person shall obtain the license required by section 445-232 and shall follow the requirem…

§445-235 Prohibitions; penalty. (a) Any person who violates section 445-232, 445-233, or 445-233.5, or any person who falsifies a statement required by section 445-233, shall be guilty of a misdemeanor; provided that any person who: that involves the purchase of palladium, platin…

§445-24 Fictitious bids. At any auction sale it shall be unlawful for any person to procure any person to make fictitious bids, or to conspire with any person to make any fictitious bid, or knowingly to permit any person to make a fictitious bid; or for any auctioneer fictitiousl…

§445-25 Description of goods sold considered warranties. Any person selling, disposing of, or offering for sale at public auction any stock of merchandise for the purpose of closing out the same as provided in section 445-22, shall, in describing the same, be truthful with respec…

§445-26 Auction at places other than auction room; mock auctions. It shall be unlawful for any person, other than a licensed auctioneer to hold, conduct, carry on, or maintain any auction room or place for holding public auction sales, or to advertise or hold oneself out to the p…

§445-27 Penalty. Any person violating any of the provisions of sections 445-22 to 445-26, shall be fined not more than $500 and the person's auctioneer's license shall be subject to forfeiture at the discretion of the court. Each day that any of the above specified sections are v…

§445-28 Place of public auction room. It shall be unlawful for any licensed auctioneer, for the purpose of selling, or exposing for sale, property other than the property duly listed in the statement filed with the county treasurer, as required by section 445-22, to establish a p…

§445-29 Designation of place for business. Every licensed auctioneer shall file with the treasurer of the county in which the auctioneer is licensed, a statement in writing signed by the auctioneer designating the auctioneer's place for holding auction in the county. Upon any cha…

§445-3 Signed by whom. Every license shall be signed by the treasurer of the county, within which the license is to be operative. [L 1890, c 28, §3; am L 1909, c 151, §3; am L 1913, c 99, §1; am L 1915, c 89, §1; RL 1925, §1957; RL 1935, §2402; RL 1945, §7003; RL 1955, §155-3; am…

§445-30 Record books. Every auctioneer shall keep and preserve a record book in which shall be entered: which record shall, during the regular business hours be open to the inspection of any person desiring to see the same. Every such entry shall be made immediately after each tr…

§445-31 Bond. Every person, upon receiving an auction license, shall give a bond to the treasurer in the penal sum of $3,000, if the license is for the district of Honolulu, and in the penal sum of $500 for other districts, with good and sufficient surety or sureties to be approv…

§445-32 Suit to enjoin violation and action for damages. Any person, firm, private corporation, incorporated or unincorporated trade association, may maintain a suit to enjoin a continuance of any act in violation of sections 445-22 to 445-31 and, if injured thereby, have recover…

§445-33 Suit on bond. The treasurer or, by the treasurer's written consent, any person whose property is sold by any auctioneer, concerning which property a record has not been kept as required by section 445-30, or concerning which the auctioneer has otherwise failed to fulfill …

§445-34 Suit at whose cost. In case action on the bond is brought by any person other than the treasurer, the action shall be in the name and at the sole cost, charge, and expense of the plaintiff. [L 1896, c 64, §30; RL 1925, §1981; RL 1935, §2428; RL 1945, §7030; RL 1955, §155-…

§445-35 Auctioneer's charges. Every auctioneer may charge a commission at the rates hereinafter set forth upon all sales and collections made by the auctioneer; and the auctioneer may also charge the actual amounts paid by the auctioneer for advertising the sale of any property s…

§445-36 Auctioneer may sue. Every auctioneer may sue in the auctioneer's own name any person purchasing property sold by the auctioneer at auction, whether to enforce specific performance of the sale or to collect the purchase price thereof. [L 1896, c 64, §32; RL 1925, §1983; RL…

§445-37 Public officers, etc., may sell without license. Nothing in any law relating to auction licenses shall extend to or affect sales at auction made by the sheriff, deputy sheriff, police officer, poundmaster, tax collector, or other public officer; or by any personal represe…

§445-38 Auctioneer's agent. Any auctioneer may appoint any agent or assistant to act for the auctioneer in the conduct of the auctioneer's auction business, for all of the acts of whom the auctioneer shall be responsible in the same manner as though they were done personally by t…

§445-4 Fees in advance. No license shall be issued under this chapter until the full fee required therein has been paid in advance for the term of one year. Each treasurer shall account for all fees collected by the treasurer as county realizations. [L 1896, c 64, §6; am L 1909, …

§445-5 Fees; date when due and payable. All fees for licenses prescribed by any law of the State, except as otherwise specifically provided, shall be due and payable at times to be established by the county within which the license is to be operative. [L 1905, c 32, §1; RL 1925, …

§445-6 Place of business. Except as otherwise in this chapter provided, a license granted thereunder authorizes the carrying on of the business licensed only at the place indicated in the license, except in case of removal, and upon the written consent of the treasurer indorsed t…

§445-9 Canceled on transferring, etc., business; penalty. If any licensee closes out, transfers, or assigns the business for which a license is held, during the term for which the same was issued, the licensee shall within thirty days from the date of such closing out, transfer, …

PART III. LODGING OR TENEMENT HOUSES, HOTELS, AND BOARDINGHOUSES §445-90 Definitions. When used in this chapter, unless the context requires otherwise: "Boardinghouse" means a building or buildings having at least three rooms for the accommodation of six or more unrelated persons…