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Section 57-9-1 – Short title.

This act [57-9-1 to 57-9-3, 57-9-4, 57-9-5 NMSA 1978] may be cited as the “Used Merchandise Act”. History: 1953 Comp., § 49-13-1, enacted by Laws 1967, ch. 155, § 1. ANNOTATIONS Cross references. — For authority of municipalities generally, see 3-17-1 and 3-18-1 NMSA 1978. Act did not withdraw authority of municipalities to regulate pawnbrokers. […]

Section 57-9-2 – Definitions.

As used in the Used Merchandise Act: A. “store” means any pawnshop, second hand store, junkshop, automobile salvage or wreckage establishment or any place of operation for dealing in or purchasing gold, silver or platinum, but does not include any shop or establishment insofar as it purchases or deals in paper products or used beverage […]

Section 57-9-3 – Prohibited acts.

It is unlawful for the owner of any store, or the manager or employee thereof, to purchase or to loan money secured by any used merchandise, article or thing without first requiring identification from the seller or borrower and recording the name of the seller or borrower, his address and date of birth or social […]

Section 57-9-3.1 – Weighing devices.

All devices used to weigh precious metals by an owner of a store shall have been inspected and approved for use by a weights and measures officer of this state within a period of twelve months immediately preceding the date of the weighing. History: 1978 Comp., § 57-9-3.1, enacted by Laws 1981, ch. 323, § […]

Section 57-9-3.2 – Records.

An owner of a store shall: A. keep a record in which he shall note the time of each transaction, a description of the goods purchased, the name and address of the person selling the goods and the date and hour the goods were received; and B. retain all gold, silver and platinum in the […]

Section 57-9-3.3 – Receipts.

The owner of a store shall issue a serialized receipt for each purchase or statement of appraisal of gold, silver or platinum which shall contain the following: A. the legal name and address of the store or appraiser; B. the name and address of the seller; C. the date of the transaction; D. the net […]

Section 57-9-4 – Inspection of record.

The record as provided in Section 3 [57-9-3 NMSA 1978] of the Used Merchandise Act shall be open to inspection of law enforcement officers of the county, municipality and state at all times. History: 1953 Comp., § 49-13-4, enacted by Laws 1967, ch. 155, § 4. ANNOTATIONS Municipal ordinance permitting inspection by persons not police […]

Section 57-9-5 – Penalty.

A. The first violation of the Used Merchandise Act is a misdemeanor. B. Second and all subsequent violations of the Used Merchandise Act which occur after the date of conviction for the first offense are fourth degree felonies. History: 1953 Comp., § 49-13-5, enacted by Laws 1967, ch. 155, § 5; 1981, ch. 323, § […]