Title 44, Chapter 12, Section 137
( 44-12-137)
(a) Any pawnbroker and any clerk, agent, or employee of such
pawnbroker who shall: (1) Fail to make an entry of any material matter in his permanent
record book; (2) Make any false entry therein; (3) Falsify, obliterate, destroy, or remove from his place of
business such permanent record book; (4) Refuse to allow any duly authorized law enforcement officer
who is certified by the Georgia Peace Officer Standards and
Training Council or who is a federal officer to inspect his
permanent record book or any goods in his possession during the
ordinary hours of business or at any reasonable time; (5) Fail to maintain a record of each pawn transaction for at
least four years; (6) Accept a pledge or purchase property from a person under the
age of 18 years or who the pawnbroker knows is not the true owner
of such property; (7) Make any agreement requiring the personal liability of a
pledgor or seller or waiving any of the provisions of this part or
providing for a maturity date less than one month after the date
of the pawn transaction; or (8) Fail to return or replace pledged goods to a pledgor or seller
upon payment of the full amount due the pawnbroker unless the
pledged goods have been taken into custody by a court or a law
enforcement officer or agency, shall be guilty of a misdemeanor. (b) Any person properly identifying himself and presenting a pawn
ticket to the pawnbroker shall be presumed to be the pledgor or
seller and shall be entitled to redeem the pledged goods described
in such ticket. In the event such pledged goods are lost or damaged
while in the possession of the pawnbroker, it shall be the
responsibility of the pawnbroker to replace the lost or damaged
goods with like kinds of merchandise and proof of replacement shall
be a defense to prosecution. For the purposes of this subsection,
"lost" includes destroyed or having disappeared because of any
cause, whether known or unknown, that results in the pledged goods
being unavailable for return to the pledgor. |