Title 09, Commerce and Trade

§ 3804. Labeling impure putty A person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State, putty that is not pure linseed oil putty shall label the same with the word “substitute” in plain, legible type.

§ 3805. Penalty for mislabeling A person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State paint or mixed paint, paste, or semipaste paint, or compound intended for use as such, white lead, linseed oil, turpentine, or putty, who violat…

§ 3806. Possession to be prima facie evidence of violation The possession by a person, firm, or corporation dealing in an article or substance described in section 3805 of this title and not labeled as required by the provisions of this chapter, shall be considered prima facie ev…

§ 3807. Secretary of Agriculture, Food and Markets, general powers The Secretary of Agriculture, Food and Markets shall have charge of the proper enforcement of the provisions of this chapter. The Secretary shall have access to all places of business, factories, stores, and build…

§ 3861. Pawnbroker defined The word “pawnbroker” as used in this chapter includes any person, partnership, or corporation, loaning money on deposit or pledge of personal property, other than securities or written evidences of indebtedness; or doing business as furniture storage w…

§ 3862. License required (a) A person shall not carry on the business of pawnbroker unless he or she has obtained a license so to do as provided in this section. (b) The selectboard members of a town or the aldermen of a city may grant to such citizens as they deem proper, and wh…

§ 3863. Fees; bond; revocation of license A person receiving such license shall pay therefor the sum of $15.00 annually for the use of the town. Such license shall expire one year from the date thereof, and may be renewed on payment of the same sum. At the time of receiving such …

§ 3864. Action on bond If a person is aggrieved by the misconduct of such licensed pawnbroker, and recovers judgment against him or her therefor, after the return, unsatisfied, either in whole or in part, of an execution issued upon such judgment, such person may maintain an acti…

§ 3865. Records of a pawnbroker (a) In each year a pawnbroker makes loans or advances totaling over $2,500.00 for items pledged or deposited with the pawnbroker, he or she shall maintain the following records for each transaction in that year: (1) a legible statement written at t…

§ 3866. Issuance of pawn ticket; lost tickets At the time of making a loan, a pawnbroker shall deliver to the person pawning or pledging any goods, articles, or things a memorandum or note signed by him or her containing the substance of the entry required to be made in his or he…

§ 3867. Rate of interest on loans A pawnbroker shall not demand or receive a greater rate of interest than five percent per month or fraction of a month upon a loan not exceeding the sum of $50.00, nor more than three percent per month upon a loan exceeding the sum of $50.00; pro…

§ 3868. Sale of pawned property A pawnbroker shall not sell pawned or pledged property until the same has remained six months in his or her possession without redemption, and upon such sale, shall keep a record of the date of such sale, the name and address of the purchaser, and …

§ 3869. Application of proceeds of sale Surplus money, if any, arising from such sale, after deducting the amount of the loan and the interest then due on the same, shall be paid over after three months by the pawnbroker to the person who would be entitled to redeem the pledge in…

§ 3870. Pawning property of persons under eighteen A person carrying on the business of pawnbroker in this State shall not accept a pledge or article of personal property offered by a person under 18 years of age without written authority of the parents or guardians of such minor…

§ 3871. Penalties (a) A licensee who violates a provision of sections 3863-3864 or 3866-3870 of this title shall be fined not more than $100.00 nor less than $10.00 for each offense. (b) A pawnbroker or precious metal dealer who violates a provision of section 3865 or 3872 of thi…

§ 3881. Definitions As used in this chapter: (1) “Antique” means an item, other than an item of jewelry, and including a collectible coin, that is: (A) collected or desired due to age, rarity, condition, or other similar unique feature; (B) purchased for the purpose of resale; an…

§ 3882. Certification required (a) Certification from the Department of Public Safety is required to conduct business as a precious metal dealer in this State. (b) An application for certification shall include for each applicant and its principals: (1) the name, address, telepho…

§ 3883. Fees; renewal; revocation of certification (a)(1) A person who applies for certification pursuant to section 3882 of this title shall pay a nonrefundable fee of $200.00 to the Department of Public Safety. (2) A certification shall expire two years from the date it is issu…

§ 3884. Private right of action A person injured by a precious metal dealer’s violation of this chapter may bring an action against the dealer for damages arising from the violation. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)

§ 3885. Records of a precious metal dealer (a) For each item of precious metal sold to a precious metal dealer, he or she shall: (1) assign a distinct entry number or, in the case of a lot of items, an entry number for the lot and a sub-lot number for each unmatched item in the l…

§ 3886. Holding period A precious metal dealer shall retain precious metal that he or she purchases for no fewer than 10 days before offering an item for sale or for scrap, and he or she shall not remove an item from the State prior to the expiration of this 10-day period. (Added…

§ 3887. Purchase of precious metal from persons under 18 years of age A precious metal dealer shall not purchase precious metal offered for sale by a person under 18 years of age. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)

§ 3888. Method of payment In each transaction of $25.00 or more, a precious metal dealer shall pay only by check, draft, or money order for precious metal purchased for the purpose of resale. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)

§ 3889. Stolen property notification system (a) The Department of Public Safety shall develop and implement a statewide stolen property notification system, the purpose of which shall be to facilitate timely electronic communication concerning the reported theft of precious metal…

§ 3890. Penalties (a) Except as otherwise provided in this section, a person who violates a provision of this chapter shall be assessed a civil penalty of not more than $1,000.00. (b) A person who operates as a precious metal dealer without the certification required by section 3…

§ 3901. Definitions As used in this chapter: (1) “Default” means the violation or failure to perform a duty or obligation created in this chapter or in a rental agreement. (2) “Electronic mail” means the transmission of information through computer or other electronic means or a …

§ 3902. Residential purposes (a) An occupant shall not use storage space at a self-storage facility for residential purposes. (b) An owner shall not knowingly permit the use of a storage space for residential purposes. (Added 2007, No. 183 (Adj. Sess.), § 2, eff. Jan. 1, 2009; am…

§ 3903. Disclosures (a) A rental agreement shall contain the following: (1) the name and address of the owner and occupant; (2) the actual monthly occupancy charge, rent, or lease amount for the storage space provided, expressed in dollars; (3)(A) disclosure of the charges the ow…

§ 3904. Lien (a) An owner has a possessory lien upon all personal property located in a storage space for: (1) rent; (2) labor; (3) late fees or other charges relating to the personal property; and (4) expenses arising from the preservation or sale of the property pursuant to thi…

§ 3905. Enforcement of lien If an occupant defaults under a rental agreement, the owner may enforce the lien created in section 3904 of this title pursuant to this section. (1) First notice of default. Not sooner than seven days after a default, the owner shall notify the occupan…

§ 3906. Scope; supplemental nature of chapter (a) If an owner issues a warehouse receipt, bill of lading, or other document of title for the personal property stored in a self-storage facility, the owner and the occupant are subject to Title 9A and this chapter does not apply. (b…

§ 3907. Savings clause This chapter shall only apply to self-storage rental agreements entered into, extended, or renewed after January 1, 2009. Rental agreements providing for monthly rental payments but providing no specific termination date shall be subject to this chapter on …

§ 3908. Severability If any provision of this chapter or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end, the provisions…

§ 3981. Loser may recover loss A person who pays money or other valuable thing lost at a game or sport or horse race may recover the value thereof of the person to whom it was paid in a civil action, if commenced within one month from the time of payment.

§ 3982. Void contracts Contracts, promises, notes, bills, bonds, judgments, and other assurances, and mortgages, conveyances, or securities made and executed by a person in which any part of the consideration is for money or other valuable thing won on any of the aforesaid games,…

§ 4001. Definitions As used in this chapter: (1) “Contractor” means a person or entity that contracts with an owner to perform work, or provide materials or machinery necessary to perform work on real property. (2) “Work” means to build, alter, repair, or demolish any improvement…

§ 4002. Owner’s payment obligations (a) The owner shall pay the contractor strictly in accordance with the terms of the construction contract. (b) In the event that the construction contract does not contain a term governing the terms of payment, the contractor shall be entitled …

§ 4003. Contractor’s and subcontractor’s payment obligations (a) Performance by a subcontractor in accordance with the provisions of its contract shall entitle it to payment from the party with which it contracts. (b) Notwithstanding any contrary agreement, a contractor or subcon…

§ 4004. Errors in documentation If an invoice is filled out incorrectly, or incompletely, or if there is any defect or impropriety in an invoice submitted, the receiving owner, contractor, or subcontractor shall contact the invoicing contractor or subcontractor in writing within …

§ 4005. Retainage (a) If payments under a construction contract are subject to retainage, any amounts that have been retained during the performance of the contract and that are due to be released to the contractor upon final completion shall be paid within 30 days after final ac…

§ 4005a. Fund held in trust; commingling; no effect on title to real property (a) As used in this section: (1) “Claim” means any valid claim for materials furnished or services rendered in the construction, repair, remodeling, improvement, or renovation of any building or structu…

§ 4006. Prepayment; advance payment This chapter shall in no way be construed to prohibit an owner, contractor, or subcontractor from making advance payments, progress payments, or from prepaying if agreements or other circumstances make such payments appropriate. All such paymen…

§ 4007. Disputes; penalties; attorney’s fees (a) Nothing in this chapter shall prevent an owner, contractor, or subcontractor from withholding payment in whole or in part under a construction contract in an amount equalling the value of any good faith claims against an invoicing …

§ 4008. Contracts involving federal aid Notwithstanding any provision of this chapter, language varying the requirements of this chapter may be included in contracts when such variance is required by any statute, regulation, or grant agreement conditioning the receipt or expendit…

§ 4009. Owner exclusion This chapter shall not apply to contracts for the purchase of materials by a natural person performing work on his or her own real property. (Added 1991, No. 74, § 1, eff. Jan. 1, 1992.)

§ 4021. Definitions As used in this chapter: (1) “Person” refers to any individual, partnership, corporation, association, or other organization. (2) “Trading stamp” refers to any stamp or similar device issued in connection with the retail sale of merchandise or service, as a ca…