reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1785. Licensing of pawnbrokers; limit to location

RS 37:1785 - Licensing of pawnbrokers; limit to location
A. No person shall do business as a pawnbroker without having first obtained the license required by R.S. 47:341 et seq. and as further required by this Part. A separate license is required for each pawnshop. The commissioner shall issue one or more licenses to a person if that person complies with the licensing requirements of this Part for each license. Each license shall remain in full force and effect until surrendered, suspended, revoked, or expired.
B. A pawnshop license shall constitute a license to operate both as a pawnshop and as a new and secondhand dealer. A pawnbroker operating under a license issued pursuant to this Part shall not be required to obtain an additional new or secondhand dealer's license or post additional bond but shall be subject to all other requirements of secondhand dealers as set forth in R.S. 37:1861 et seq.
C.(1) No license shall be granted to any person whose designated place of business is situated within three hundred feet or less of any official gaming establishment or designated docking facility of a riverboat licensed to conduct gaming activities or gaming operations pursuant to Chapter 4 or 5 of Title 27 of the Louisiana Revised Statutes of 1950. As to official gaming establishments, this distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the official gaming establishment to the nearest point of the designated place of business. As to docking facilities, this distance shall be measured in a straight line from the nearest point of the docking facility to the nearest point of the designated place of business.
(2) The subsequent construction, erection, development, or movement of an official gaming establishment or designated docking facility which causes a licensee's occupied designated place of business to be located within the prohibited distance shall not be cause for the revocation, withholding, denial, or nonrenewal of a license.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1993, No. 747, §1; Acts 1995, No. 1062, §1, eff. June 29, 1995; Acts 2012, No. 220, §3, eff. May 22, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1789. Records from the Department of Public Safety and Corrections

RS 37:1789 - Records from the Department of Public Safety and Corrections
The Department of Public Safety and Corrections on request shall supply to the commissioner any available arrest and conviction records of any person applying for or holding a license under this Part including the partners, officers, directors, and owners thereof.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1790. Hours of pawnbrokers; days of operation

RS 37:1790 - Hours of pawnbrokers; days of operation
A. A pawnbroker shall neither open his place of business before the hour of 7:00 a.m. nor keep it open after the hour of 9:00 p.m., except in the month of December, during which time the hour of 9:00 p.m. shall be extended to 10:00 p.m.
B. No pawnbroker may keep his pawnshop open on Sunday except during the period beginning on the fourth Thursday of November and ending on January first.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1995, No. 1062, §1, eff. June 29, 1995.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1791. Maximum rate of interest

RS 37:1791 - Maximum rate of interest
Notwithstanding any other provisions of law to the contrary, a pawnbroker may charge a maximum rate of interest of ten percent per month on pawn transactions.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1792. Pledgor's warranty; division of things

RS 37:1792 - Pledgor's warranty; division of things
A pledgor warrants that the thing pledged is not stolen, that the pledgor has not received the thing by fraud, that the thing has no liens or encumbrances against it, that the pledgor is not in voluntary or involuntary bankruptcy and is not anticipating filing a bankruptcy proceeding of any type, and that the pledgor has the right to pawn the thing. A pawnbroker and a pledgor may agree to divide groups or sets of things pawned into separate pawn transactions.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1793. Pawn ticket

RS 37:1793 - Pawn ticket
A. A pawnbroker, at the time the pawn transaction is originally entered into, shall deliver to the pledgor a memorandum or ticket which shall clearly set forth all of the following and which shall be maintained as a record for the pawnbroker for a period of two years from the date of the transaction:
(1) The pledgor's name and address.
(2) The pledgor's date of birth.
(3) The distinctive number from the pledgor's Louisiana driver's license, driver's license from another state, international driver's license, passport, military identification, or identification issued by a government agency or the United States Postal Service.
(4) The date of the pawn transaction.
(5) A clear and detailed description of the pledged things.
(6) The amount of the cash advanced, designated as the "amount financed".
(7) The maturity date of the pawn transaction.
(8) The total of the interest and pawn service charges, designated as the "finance charge".
(9) The total amount financed plus the finance charge which must be paid to redeem the pledged things on the maturity date, designated as the "total of payments".
(10) The annual percentage rate.
(11) A statement to the effect that the pledgor is not obligated to redeem the pledged things and that the pledged things shall be forfeited to the pawnbroker on the next business day after the maturity date. In the event the pawnshop is not open for business on the maturity date, then the forfeiture date shall be the day immediately following the next business day the pawnshop is open after the maturity date.
(12) The name and address of the pawn shop.
(13) A blank line for the pledgor's signature.
B. When a pledgor pays and a pawnbroker accepts all of the interest and service charges due on a pawn transaction, a new pawn transaction shall occur and a new maturity date shall be established. The new maturity date shall be extended beyond the original maturity date by a period equal to the number of monthly interest and service charge payments made. In such instances the pawnbroker may either provide the pledgor with a new pawn ticket or designate on the original pawn ticket the new maturity date.
C. Repealed by Acts 1999, No. 361, §2.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1995, No. 1062, §1, eff. June 29, 1995; Acts 1999, No. 361, §2; Acts 2003, No. 500, §1, eff. Sept. 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1794. Presentation of ticket, presumption

RS 37:1794 - Presentation of ticket, presumption
Except as otherwise provided in this Part, any person presenting a pawn ticket to the pawnbroker shall be presumed to be entitled to redeem the pledged things described therein.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1795. Lost, destroyed, or stolen ticket

RS 37:1795 - Lost, destroyed, or stolen ticket
A. In the event a pawn ticket has been lost, destroyed, or stolen a pawnbroker shall either deliver the pledged things to the pledgor or issue the pledgor a new pawn ticket. But before doing either, the pawnbroker shall require the pledgor to make a written statement attesting to the loss, destruction, or theft of the ticket. The statement shall be signed by the pledgor and the pawnbroker or the pawnbroker's employee who accepts the statement from the pledgor. The statement shall contain the same information as the pawn ticket, the date the statement is given, and the number of the pawn ticket which was lost, destroyed, or stolen. When the pawnbroker has delivered the pledged things to the pledgor or issued the pledgor a new pawn ticket pursuant to this Section, then all prior tickets shall be null and the presumption of R.S. 37:1794 shall be inapplicable.
B. The pawnbroker may charge a fee not to exceed three dollars and fifty cents in connection with each lost, destroyed, or stolen pawn ticket and the taking of a written statement from the pledgor.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1796. Records to be kept, entries required

RS 37:1796 - Records to be kept, entries required
A. Every pawnbroker shall maintain a permanent record of all transactions of things pledged on the pawnshop premises. This record, which may be maintained electronically, shall be kept for a period of two years. Entries shall be made in the English language and shall include the personally identifiable information and the transactional information for each pawn transaction. Personally identifiable information and transactional information provided under the provisions of this Section shall in no event be made available to the public.
B. For complying with the provisions of this Section and Part the pawnbroker shall be entitled to the service charge set forth in R.S. 37:1799.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1997, No. 235, §1; Acts 2006, No. 183, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1797. Records open to inspection

RS 37:1797 - Records open to inspection
A. The commissioner, or his designee, may inspect all records of any person regulated by the provisions of this Part to ensure compliance with the provisions of this Part and any rules or regulations adopted under this Part.
B. The records maintained pursuant to R.S. 37:1796 shall at all times be open to the inspection of the appropriate law enforcement officer as defined in R.S. 37:1782(5).
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1999, No. 361, §1; Acts 2012, No. 144, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1799. Service charge

RS 37:1799 - Service charge
A. In addition to interest, a pawnbroker may charge a maximum of ten percent of the loan amount as a service charge each month of a pawn transaction.
B. The service charge permitted in this Part shall be in lieu of all other charges allowable to other classes of lenders, including but not limited to origination fees, storage fees, documentation fees, over the credit limit fees, and other such charges. The service charge shall reimburse the pawnbroker for the cost of complying with the provisions of this Part, including but not limited to reporting requirements, storage requirements, maintaining insurance, and, in certain instances, indemnification. In no event shall the service charge be prorated. The right to collect the fee for reissuing a lost pawn ticket as set forth in R.S. 37:1795(B) shall be in addition to such service charges.
C. The failure of a pawnbroker to meet any requirements of this Part shall make pawnbrokers responsible for the penalties set forth herein but shall not defer, terminate, or in any way limit the right to collect a service charge.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1997, No. 235, §1; Acts 2003, No. 500, §1, eff. Sept. 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1800. Maturity dates; sale of things

RS 37:1800 - Maturity dates; sale of things
A. The maturity date for any thing pledged to a pawnbroker shall be no less than three months from the pawn transaction date.
B. No pawnbroker shall sell any thing pledged to him as security for a loan before the next business day following the maturity date. In the event the pawnshop is not open for business on the maturity date, then the forfeiture date shall be the day immediately following the next business day the pawnshop is open after the maturity date.
C. Without the necessity of default, ownership of any thing not redeemed by the pledgor on or before the maturity date shall be forfeited to the pawnbroker and absolute right, title, and interest in and to the thing shall immediately vest in the pawnbroker. The pawnbroker shall in no instance be obligated to notify any pledgor or any of the pledgor's creditors of the time, place, manner of sale, or disposition of forfeited things. No further accounting by the pawnbroker to the pledgor shall be required.
D. Repealed by Acts 2004, No. 139, §2.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 2003, No. 500, §1, eff. Sept. 1, 2003; Acts 2004, No. 139, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1801. Condition for sale of used motor vehicles; "title only" pawn transactions prohibited

RS 37:1801 - Condition for sale of used motor vehicles; "title only" pawn transactions prohibited
A. Notwithstanding any other provisions of the law to the contrary, except where a pawnbroker possesses a valid used motor vehicle dealer's license issued pursuant to R.S. 32:771 et seq., he shall not sell a used motor vehicle which he possesses or which he displays for sale except to one of the following:
(1) A used motor vehicle dealer.
(2) A purchaser through a regular used motor vehicle auction.
(3) A purchaser through a used motor vehicle dealer.
B. The terms "used motor vehicle" and "used motor vehicle dealer" as used in this Section shall have the meaning ascribed in R.S. 32:771.
C. Repealed by Acts 1995, No. 758, §2, eff. June 27, 1995.
D. Under no circumstances shall the practice commonly referred to as motor vehicle "title only" pawn transactions be allowed in this state. Every motor vehicle subject to a pawn transaction shall be stored at the business location at which the transaction occurred or at any other location in this state secured or maintained by the pawnbroker.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1995, No. 758, §2, eff. June 27, 1995; Acts 1995, No. 1062, §1, eff. June 29, 1995.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1802. Minors pledging things

RS 37:1802 - Minors pledging things
No natural person under the age of eighteen years shall deposit in pledge with a pawnbroker any thing of value for money loaned.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1803. Pledgor's liability prohibited

RS 37:1803 - Pledgor's liability prohibited
A pledgor shall have no obligation to redeem pledged things or make any payment on any pawn transaction.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1804. Prohibited practices

RS 37:1804 - Prohibited practices
A pawnbroker shall not:
(1) Accept a pledge from any natural person under the age of eighteen.
(2) Make any agreement requiring the personal liability of the pledgor in connection with a pawn transaction.
(3) Accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor under the provisions of this Part.
(4) Knowingly accept a stolen thing into pawn.
(5) Rent or lease a pawned thing to any person before the next business day following the maturity date.
(6) Fail to exercise reasonable care to protect pledged things from loss or damage.
(7) Enter into any pawn transaction which has a maturity date of less than that which is permitted in R.S. 37:1800.
(8) Falsify, obliterate, destroy, or remove from the place of business records, books, or accounts relating to the pawnbroker's pawn transactions before the expiration of two years.
(9) Fail to return the pledged things or replace lost pledged things to a pledgor upon payment of the full amount due the pawnbroker, unless the pledged things have been taken into custody by a court or law enforcement officer. For the purposes of this Paragraph only, the term "lost pledged things" means pledged things that have disappeared, been destroyed, or were stolen while in the care, custody, and control of the pawnbroker and which results in the pledged things being unavailable for return to the pledgor. The pawnbroker's liability to the pledgor for lost pledged things shall be limited to the replacement of or the replacement value of the lost pledged thing.
(10) Violate any federal, state, or local law, ordinance, regulation, or guideline.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1995, No. 1062, §1, eff. June 29, 1995; Acts 1999, No. 361, §1; Acts 2003, No. 500, §1, eff. Sept. 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1806.1. Guidance by commissioner; advisory opinions

RS 37:1806.1 - Guidance by commissioner; advisory opinions
A. The commissioner may issue advisory opinions and guidelines clarifying the rights and responsibilities of all persons, public or private, pursuant to this Part.
B. Advisory opinions and interpretations of the office shall not be considered rules requiring compliance with the rulemaking process under the Louisiana Administrative Procedure Act.
C. This Section shall only have prospective application.
Acts 1997, No. 58, §3; Acts 1999, No. 361, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1807. Injunctions; cease and desist orders; penalties

RS 37:1807 - Injunctions; cease and desist orders; penalties
A. When the commissioner has reasonable cause to believe that a person has engaged in or is engaging in any act or practice violative of this Part, the commissioner, in addition to and without prejudice to the authority provided elsewhere in this Part, may issue orders to cease and desist and take corrective action, assess civil money penalties, and bring a suit in a court of competent jurisdiction and venue to restrain and enjoin the person from engaging in future violations of this Part or from engaging in other conduct in violation of law. The commissioner shall have the power to promulgate rules and regulations for the enforcement of but not inconsistent with this Part.
B. The commissioner may, through the attorney general of the state of Louisiana, or the district attorney of any parish in the state of Louisiana, apply for an injunction in any court of competent jurisdiction to enjoin any unlicensed person from engaging in business as a pawnbroker, and any such court may issue temporary restraining orders or preliminary or permanent injunctions without bond as the circumstances shall require.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1997, No. 235, §1; Acts 1999, No. 361, §1; Acts 2003, No. 500, §1, eff. Sept. 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1808. Acting as pawnbroker without complying with law; violations by pawnbroker; penalties

RS 37:1808 - Acting as pawnbroker without complying with law; violations by pawnbroker; penalties
A. Any person who engages in the business of operating a pawnshop or who advertises in any media or by any means that he is a pawnbroker without first securing the license prescribed by this Part shall be punished by a fine up to five thousand dollars by the commissioner or imprisoned for not more than one year, or both.
B. In addition to any other penalty which may be applicable, any licensee who willfully violates the provisions of this Part or who willfully makes a false entry in any records required by this Part shall be fined up to one thousand dollars per violation or false entry.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1995, No. 1062, §1, eff. June 29, 1995.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1861.1. Secondhand property; purchase when forbidden

RS 37:1861.1 - Secondhand property; purchase when forbidden
No person shall willfully or knowingly purchase junk or used or secondhand property, unpaid for by the seller, or not owned by the seller.
Acts 2011, No. 389, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1861.2. Location of business limited

RS 37:1861.2 - Location of business limited
A. No license shall be granted for the operation of a secondhand dealer facility which will be situated within three hundred feet or less of any official gaming establishment or designated docking facility of a riverboat licensed to conduct gaming activities or gaming operations pursuant to Chapter 4 or 5 of Title 27 of the Louisiana Revised Statutes of 1950. As to official gaming establishments, this distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the official gaming establishment to the nearest point of the dealer's location. As to docking facilities, this distance shall be measured in a straight line from the nearest point of the docking facility to the nearest point of the dealer's location. The provisions of this Section shall not apply to retail jewelry, automobile, furniture, and antique businesses.
B. The subsequent construction, erection, development, or movement of an official gaming establishment or designated docking facility which causes a secondhand dealer facility to be located within the prohibited distance shall not be cause for revocation, withholding, denial, or nonrenewal of a license.
Acts 1993, No. 748, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1862. License required; application; bond; exemptions

RS 37:1862 - License required; application; bond; exemptions
A. No person shall do business as a secondhand dealer in this state without having first obtained the occupational license required by law. Any person desiring a license as secondhand dealer shall make application in writing, specifying the street number and house number of the building where the business is to be carried on. This application shall be signed by at least three property taxpayers of the city or parish where the business is to be established certifying that the applicant is of good moral character. He shall also submit with his application a bond in favor of the city or parish, as the case may be, where the business is to be established in the sum of two thousand five hundred dollars with security conditioned for the due observance of all provisions of this Part.
B. Repealed by Acts 2012, §2.
Acts 1987, No. 901, §1; Acts 2012, No. 292, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1862.1. Record and reporting requirements; application

RS 37:1862.1 - Record and reporting requirements; application
The provisions of R.S. 37:1864, 1864.1, 1864.3, 1865, and 1866 shall not apply to a person operating as a secondhand dealer pursuant to R.S. 37:1785. Persons operating as secondhand dealers pursuant to R.S. 37:1785 shall be subject to the record acquisition, maintenance, and reporting requirements of R.S. 37:1796, 1797, and 1798.
Acts 2010, No. 918, §1; Acts 2011, No. 389, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1863. Change in location to be noted on license

RS 37:1863 - Change in location to be noted on license
If after issuance and delivery of a license under the provisions of this Part any change is made in the location of the place of business designated therein, the business shall not be conducted at the new location or under such license, until the official issuing the licenses notes the change on the license, and the superintendent of police of the city or the sheriff of the parish in which the second-hand dealer is doing business is notified in writing of the change.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1864.1. Photographic and other records; exceptions

RS 37:1864.1 - Photographic and other records; exceptions
A.(1) In addition to the information required in R.S. 37:1864, every secondhand dealer shall obtain a photograph of a person selling or delivering merchandise or articles to the dealer if the fair market value of the merchandise is one hundred dollars or greater. The quality of such photograph shall be sufficient readily to identify the person depicted. In lieu of the photograph of the person selling or delivering the merchandise, the dealer may obtain either a thumbprint of such person, the quality of which thumbprint shall be sufficient to identify the person, or a photocopy of the person's Louisiana driver's license, driver's license from another state, passport, military identification, or identification issued by a governmental agency or the United States Postal Service. Each photograph, thumbprint, or photocopy, as the case may be, shall be cross-referenced with the ledger entry required by R.S. 37:1864. The photograph, thumbprint, or photocopy shall be preserved for a period of at least a year.
(2) Pursuant to a request from a law enforcement agency, a secondhand dealer shall be required to capture photographically uniquely identifiable used merchandise or articles purchased pursuant to R.S. 37:1864(A). Photographs shall be made available to the law enforcement agency within twenty-four hours after the request.
B. A transaction between dealers who are licensed under Part I of Chapter 21 of Title 37 of the Louisiana Revised Statutes of 1950 shall be exempt from this Section.
C. The provisions of this Section shall not apply to:
(1) The sale or purchase of manufactured registered bullion bars, coins, or other numismatic items; or
(2) Repealed by Acts 2012, No. 292, §2.
Acts 1987, No. 901, §2; Acts 2010, No. 918, §1; Acts 2012, No. 292, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1864.2. Purchase of precious metals and stones from minors; purchase of junk from minors prohibited; penalty

RS 37:1864.2 - Purchase of precious metals and stones from minors; purchase of junk from minors prohibited; penalty
A. No secondhand dealer shall purchase gold, silver, copper, brass, aluminum other than in the form of cans, or other precious metals, jewelry, precious stones, or objects composed of such precious metals or stones from a person under the age of eighteen. Lack of knowledge of age shall not be a defense to a violation of this Section.
B. No owner, employee, keeper, or proprietor of a junk shop, junk store or yard, of a junk cart or other vehicle or boat, or collector of or dealer in junk, shall receive or purchase from any minor under seventeen years of age, any goods, chattels, wares, or other merchandise, including any material defined in R.S. 37:1861.
C. The provisions of this Section shall not apply to the sale or purchase of manufactured registered bullion bars, coins, or other numismatic items.
D. Whoever violates this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned for not less than fifteen days nor more than three months, or both.
Acts 1987, No. 901, §2; Acts 1989, No. 271, §1; Acts 2011, No. 389, §1; Acts 2012, No. 292, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1864.3. Payment by check for copper, aluminum-copper air conditioning coils, or other metals required; check cashing prohibited; penalties

RS 37:1864.3 - Payment by check for copper, aluminum-copper air conditioning coils, or other metals required; check cashing prohibited; penalties
A.(1) A secondhand dealer shall not enter into any cash transactions in payment for the purchase of copper or aluminum-copper air conditioning coils. Payment for copper or aluminum-copper air conditioning coils shall be made in the form of a check made payable to the seller of the copper or aluminum-copper air conditioning coils and mailed to the address recorded on the photo identification of the seller no earlier than five business days after the date of the transaction.
(2) A secondhand dealer shall not enter into any cash transactions in excess of three hundred dollars in payment for the purchase of metal property other than copper, aluminum-copper air conditioning coils, or a precious metal object. Payments in excess of three hundred dollars for metals other than copper, aluminum-copper air conditioning coils, or a precious metal object shall be made in the form of a check made payable to the name and address of the seller and may be tendered to the seller at the time of the transaction. The secondhand dealer, at his discretion, may make payment by either cash or other method for transactions of three hundred dollars or less for all metals other than copper or aluminum-copper air conditioning coils, or a precious metal object.
B. All payments made by check shall be reported separately in the daily reports required by R.S. 37:1866.
C.(1) No secondhand dealer shall allow a seller to engage in multiple transactions within a twenty-four hour period totaling more than three hundred dollars for the purpose of circumventing this Section.
(2) No secondhand dealer shall cash, offer to cash, or provide the means for exchanging for cash a check issued to a seller pursuant to this Section on the premises of the secondhand dealer's place of business, including but not limited to the use of an automatic teller machine.
D. Violations of this Section shall be subject to the penalties provided for in R.S. 37:1869 and 1870.
Acts 2011, No. 389, §1; Acts 2012, No. 292, §1; Acts 2012, No. 827, §1, eff. June 14, 2012; Acts 2013, No. 381, §1; Acts 2014, No. 243, §1; Acts 2019, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1864.4. Statement by seller required; failure to exact statement evidence of fraudulent intent; exoneration from criminal knowledge

RS 37:1864.4 - Statement by seller required; failure to exact statement evidence of fraudulent intent; exoneration from criminal knowledge
A.(1) Every secondhand dealer shall obtain a signed statement from the seller that the junk or used or secondhand property has been paid for or is owned by the seller, and a failure of the dealer to exact a statement from the seller shall be prima facie evidence of the fraudulent intent and guilty knowledge on the part of the dealer within the meaning of this Part, sufficient to warrant a conviction.
(2) In transactions involving railroad track materials, a secondhand dealer shall require the party seeking to sell or dispose of the materials to furnish a signed statement from the appropriate railroad company consenting to the sale of the railroad track materials identified in the statement, which shall be retained by the secondhand dealer. The statement shall include the name of the railroad company consenting to the sale and the name, employee number, and phone number of the person signing the statement authorizing the sale. The secondhand dealer shall attempt to verify the authenticity of the statement authorizing the sale of the railroad track materials.
B. A secondhand dealer who obtains the required statement from the seller shall be exonerated from any fraudulent, willful, or criminal knowledge within the meaning of this Part.
Acts 2011, No. 389, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1865. Book to be open for inspection

RS 37:1865 - Book to be open for inspection
The book containing the record of purchase as provided for in R.S. 37:1864 and the various articles purchased and referred to therein shall at all times be open to the inspection of law enforcement officers of the Office of State Police, or the superintendent of police or sheriff of the parish or anyone designated by them of the city, town, or parish in which the second-hand dealer does business.
Amended by Acts 1980, No. 809, §2, eff. Aug. 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1866. Daily report of entries

RS 37:1866 - Daily report of entries
A.(1) Every secondhand dealer licensed under the provisions of this Part shall make out and deliver to the chief of police of the city or town or to the sheriff of the parish in which he is doing business, every day before the hour of twelve noon, a legible and correct copy of the entries in the book mentioned in R.S. 37:1864 during the previous day. The means for providing the transactional information required under this Section shall be by electronic transmission.
(2) The appropriate law enforcement official may, for purposes of an investigation of a crime relating to a particular secondhand transaction, request the secondhand dealer to mail or fax such official the personally identifiable information relating to such transaction under investigation. The secondhand dealer shall deliver the personally identifiable information relating to the identified transaction to the appropriate law enforcement official within twenty-four hours of the request.
B. The secondhand dealer shall have the responsibility of tendering the information provided for in Subsection A of this Section regardless of its use or nonuse by the chief of police in the city or town in which he is doing business or, alternatively, to the sheriff of the parish in which he is doing business. The tender of this information is a courtesy mandated by state law and which provides a benefit to the general public. The chief of police or sheriff shall not be mandated to take any particular action concerning the information tendered.
Acts 2010, No. 918, §1; Acts 2011, No. 142, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1867. Disposal or changing identity prohibited during thirty-day period; exceptions

RS 37:1867 - Disposal or changing identity prohibited during thirty-day period; exceptions
A. No secondhand dealer shall sell or dispose of or change or destroy the identity of any goods, articles, or things purchased by him before an interval of thirty calendar days from the date of purchase has elapsed. During the thirty calendar days after purchase, a secondhand dealer shall keep the purchased goods, articles, or things on the premises of the secondhand dealer's business location or at such other location within the parish where the secondhand dealer's business is located and the item was purchased. In all instances, a secondhand dealer shall make the item immediately available upon request by a law enforcement agency. Any secondhand dealer may sell, dispose of, change, or destroy any goods, article, or thing purchased by him from a client without any delay, provided that the dealer can prove that the client had valid title to the goods, article, or thing of which he intends to dispose.
B. Repealed by Acts 2012, 292, §2.
Acts 1987, No. 901, §1; Acts 1992, No. 817, §1; Acts 2010, No. 918, §1; Acts 2012, No. 292, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1868. Hours of business

RS 37:1868 - Hours of business
A second-hand dealer shall neither open his place of business before the hour of 7 o'clock a.m. nor keep it open after the hour of 7 o'clock p.m. except on Saturdays and during the month of December, during which time the hour of 7 o'clock p.m. shall be extended to 10 o'clock p.m.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1869. Violations; penalty

RS 37:1869 - Violations; penalty
A. Any licensed secondhand dealer who violates, neglects, or refuses to comply with any provision of this Part shall be fined not less than two thousand five hundred dollars nor more than five thousand dollars or be imprisoned for not less than thirty days nor more than sixty days, or both.
B. For the second offense, his occupational license shall be suspended for a thirty-day period, and he shall be fined not less than two thousand five hundred dollars nor more than five thousand dollars or be imprisoned with or without hard labor for not less than two years nor more than five years, or both. For a third offense, his occupational license shall be revoked, and he shall not thereafter be permitted to engage in the business of secondhand dealer in this state.
C. Any secondhand dealer convicted of selling stolen goods shall have his occupational retail license revoked.
D. The occupational license tax collector is hereby vested with the authority, upon motion in a court of competent jurisdiction, to rule the noncomplying secondhand dealer to show cause in not less than two nor more than ten days, exclusive of holidays, as to why the noncomplying secondhand dealer's retail occupational license should not be suspended or revoked as prescribed under this Part. This rule may be tried out of term and in chambers and shall be tried with preference and priority. If the rule is made absolute, the order rendered therein shall be considered a judgment in favor of the municipality or parish.
Amended by Acts 1975, No. 770, §1; Acts 2003, No. 1184, §1, eff. July 3, 2003; Acts 2011, No. 389, §1; Acts 2023, No. 151, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1869.1. Prohibitions; sale of certain uniforms

RS 37:1869.1 - Prohibitions; sale of certain uniforms
No secondhand dealer, including those secondhand dealers exempted by R.S. 37:1861(B) shall sell or offer for sale any article of clothing, including but not limited to hats, shirts, pants, or jackets, which exhibits or displays the insignia of any law enforcement agency or public utility.
Acts 2003, No. 1162, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1870. Failure to comply; penalty

RS 37:1870 - Failure to comply; penalty
A. Anyone acting as an unlicensed secondhand dealer without complying with the provisions of this Part shall be fined not less than two thousand five hundred dollars nor more than five thousand dollars or be imprisoned with or without hard labor for not more than two years, or both.
B. For a second offense, the offender shall be fined not less than two thousand five hundred dollars nor more than five thousand dollars or be imprisoned with or without hard labor for not less than two years nor more than five years, or both.
C. For a third or subsequent offense, the offender shall be fined not less than five thousand dollars nor more than ten thousand dollars or be imprisoned with or without hard labor for not less than five years nor more than ten years, or both.
Acts 2011, No. 389, §1; Acts 2023, No. 151, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1872. Purchases not to be made from certain classes of persons

RS 37:1872 - Purchases not to be made from certain classes of persons
It shall be unlawful for any antique dealer, owner, keeper, or agent of any antique shop to buy or exchange any article covered by this Part from any minor under the age of eighteen years, from a person appearing to be intoxicated, from a person known to be a notorious thief, or from a person known to have been convicted of larceny or burglary.
Acts 1999, No. 218, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1873. Duty to notify police when article tendered is believed stolen

RS 37:1873 - Duty to notify police when article tendered is believed stolen
If any person shall tender for sale or exchange any article covered by this Part to an antique dealer, owner, keeper, or agent of any antique shop, and such person has good reason to believe that such article was stolen, the antique dealer, owner, keeper, or agent of any antique shop shall immediately notify the police department of the municipality or the sheriff's office of the parish in which the business is located.
Acts 1999, No. 218, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1875. Police to furnish blank report forms

RS 37:1875 - Police to furnish blank report forms
The proper blank forms of the reports required by this Part shall be furnished, upon application, by the police department of the municipality or the sheriff's office of the parish in which the business is located.
Acts 1999, No. 218, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1876. Due date for reports following holidays

RS 37:1876 - Due date for reports following holidays
If any report required by this Part would have to be filed on any legal holiday, such report shall be due on the next business day following such holiday between the hours of 9:00 a.m. and 5:00 p.m.
Acts 1999, No. 218, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1877. Records required

RS 37:1877 - Records required
Every antique dealer shall be required to maintain a record, setting forth each purchase of any object which meets the definition of a cemetery artifact or used building component, when the value of any single piece of such merchandise, any lot of used building components or article received shall be twenty-five dollars or more for each single transaction. The price at which a piece of such merchandise is offered for sale by an antique dealer shall be considered prima facie evidence of the value of the piece of such merchandise. Each cemetery artifact purchased shall be recorded at the time of each transaction, and such record shall contain an accurate detailed description in the English language of the merchandise or article received as set forth in R.S. 37:1874(B)(13), along with the amount paid therefor. This record shall be kept for a minimum period of three years. Copies of the reports as set forth in R.S. 37:1874 will satisfy the records requirement.
Acts 1999, No. 218, §1; Acts 2003, No. 1184, §1, eff. July 3, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1879. Prohibited practices

RS 37:1879 - Prohibited practices
An antique dealer shall not:
(1) Accept cemetery artifacts or used building components from any natural person under the age of eighteen.
(2) Knowingly accept an object that they know or should have known has been stolen, and the original use of which was a cemetery artifact or used building component.
(3) Falsify, obliterate, remove from the records, or fail to include in the report required in this Part any accounts relating to the antique dealer's transactions involving objects which the antique dealer knew or should have known were cemetery artifacts or used building components as defined in this Part.
Acts 1999, No. 218, §1; Acts 2003, No. 1184, §1, eff. July 3, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1880. Retention of purchases

RS 37:1880 - Retention of purchases
It shall be unlawful for an antique dealer to sell, exchange, barter, or remove from his place of business any cemetery artifact or used building component that has been bought, exchanged, or deposited with him by a seller for a period of thirty days from the date of the antique dealer's acquisition.
Acts 1999, No. 218, §1; Acts 2003, No. 1184, §1, eff. July 3, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1881. Failure to comply; penalty

RS 37:1881 - Failure to comply; penalty
A. Anyone acting as an antique dealer without complying with the provisions of this Part shall be fined not less than two hundred fifty dollars, nor more than five hundred dollars, or be imprisoned not less than thirty days nor more than sixty days, or both.
B. For a second offense, the antique dealer's occupational license shall be suspended for a thirty-day period. For a third offense, the antique dealer's retail occupational license shall be revoked, and the dealer shall not thereafter be permitted to engage in the business of an antique dealer in this state.
C. Any antique dealer convicted of selling stolen goods shall have his occupational retail license revoked.
D. The occupational license tax collector is hereby vested with the authority, upon motion in a court of competent jurisdiction, to rule the noncomplying antique dealer to show cause in not less than two nor more than ten days, exclusive of holidays, as to why the noncomplying antique dealer's retail occupational license should not be suspended or revoked as prescribed under this Chapter. This rule may be tried out of term and in chambers and shall be tried with preference and priority. If the rule is made absolute, the order rendered therein shall be considered a judgment in favor of the municipality or parish.
Acts 1999, No. 218, §1; Acts 2001, No. 828, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1892. Definitions

RS 37:1892 - Definitions
For purposes of this Part, the following words have the following meanings:
(1) "Catalytic converter" means an exhaust emission control device that reduces toxic gas and pollutants from internal combustion engines.
(2) "Catalytic converter dealer" means a person licensed by the commission to purchase or sell used or detached catalytic converters pursuant to the provisions of this Part.
(3) "Commission" means the Louisiana Used Motor Vehicle Commission.
(4) "Person" means any natural or juridical person and includes any firm, association, corporation, limited liability company, partnership, trust, or two or more natural or juridical persons having a joint or common interest. "Person" also includes a transient merchant as defined by R.S. 37:1901.
Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1893.1. Denial, revocation, or suspension of license; grounds; unauthorized acts

RS 37:1893.1 - Denial, revocation, or suspension of license; grounds; unauthorized acts
A. Except as otherwise provided in this Section, the commission may deny an application for a license issued pursuant to the provisions of this Part for any of the following reasons:
(1) Receiving satisfactory proof of unfitness of the applicant pursuant to the standards established by this Part or in rules or regulations adopted and promulgated by the commission.
(2) Finding that the applicant has been convicted of a felony crime.
(3) Finding a material false statement made by the applicant on any application for licensure in accordance with the provisions of this Part.
(4) Finding that the applicant has, under a previous license, committed a violation of any law or rule or regulation adopted and promulgated by the commission.
(5) Finding that the applicant is an immediate family member, the former employee, or a former business associate of a dealer whose license was previously revoked or suspended by the commission and that the applicant intends to operate the same or substantially the same business as operated by the revoked licensee or the revoked licensee will be participating in the business with the applicant. As used in this Paragraph, "immediate family" shall have the meaning ascribed in R.S. 42:1102.
B. The commission may revoke or suspend a license, issue a fine or penalty, or enjoin a catalytic converter dealer for any of the following reasons:
(1) Changing conditions after the license has been granted resulting in failure to maintain the qualifications for licensure.
(2) Committing a fraudulent act in selling, purchasing, or dealing in catalytic converters.
(3) Engaging in his business in such a manner as to cause injury to the public or those with whom he is dealing.
(4) Violating any provision of this Part or any rule or regulation adopted by the commission or any provision of law not administered by the commission.
C. In the performance of its duties in accordance with this Part, the commission may obtain from the Department of Public Safety and Corrections and other governmental agencies information relating to the criminal records of applicants for licensure pursuant to this Part.
Acts 2023, No. 373, §1.