                                 CODE OF VIRGINIA

RECORDS TO BE KEPT; CREDENTIALS OF PERSON PAWNING GOODS; FEE; PENALTY (§
54.1-4009)

A. Every pawnbroker shall keep at his place of business an accurate and legible
record of each loan or transaction in the course of his business, including
transactions in which secondhand goods, wares, or merchandise is purchased for
resale. The account shall be recorded at the time of the loan or transaction and
shall include:

   1. A description, serial number, and a statement of ownership of the goods,
   article, or thing pawned or pledged or received on account of money loaned
   thereon or purchased for resale;

   2. The time, date, and place of the transaction;

   3. The amount of money loaned thereon at the time of pledging the same or paid
   as the purchase price;

   4. The rate of interest to be paid on such loan;

   5. The fees charged by the pawnbroker, itemizing each fee charged;

   6. The full name, residence address, telephone number, and driver&#8217;s
   license number or other form of identification of the person pawning or
   pledging or selling the goods, article, or thing, together with a particular
   description, including the height, weight, date of birth, race, gender, hair
   and eye color, and any other identifying marks, of such person;

   7. Verification of the identification by the exhibition of an unexpired
   government-issued identification card bearing the current legal address and a
   photograph of the person pawning, pledging, or selling the goods, article, or
   thing, such as a driver&#8217;s license or military identification card. If
   the government-issued identification card does not bear the current legal
   address, the person shall present other documentation verifying his current
   legal address. The record shall contain the type of identification exhibited,
   the issuing agency, and the number thereon;

   8. A digital image of the form of identification used by the person involved
   in the transaction, unless the form of identification used is a United States
   military issued identification or other form of identification included under
   18 U.S.C. &#xA7; 701, in which case the person involved in the transaction
   shall be required to present an alternate government-issued identification
   card bearing a photograph of such person or the pawnbroker shall be required
   to take a photograph of the person involved in the transaction;

   9. As to loans, the terms and conditions of the loan, including the period for
   which any such loan may be made; and

   10. All other facts and circumstances respecting such loan or purchase.

B. A pawnbroker may maintain at his place of business an electronic record of
each transaction involving goods, articles, or things pawned or pledged or
purchased. If maintained electronically, a pawnbroker shall retain the
electronic records for at least one year after the date of the transaction and
make such electronic records available to any duly authorized law-enforcement
officer upon request.

C. For each loan or transaction, a pawnbroker may charge:

   1. A service fee for making the daily electronic reports to the appropriate
   law-enforcement officers required by &#xA7; 54.1-4010, creating and
   maintaining the electronic records required under this section, and
   investigating the legal title to property being pawned or pledged or
   purchased. Such fee shall not exceed five percent of the amount loaned on such
   item or paid by the pawnbroker for such item or $3, whichever is less; and

   2. A late fee, not to exceed 10 percent of the amount loaned, for each item
   that is not claimed by the pledged date, provided that the pawner is notified
   of the fee on the pawn ticket.
   				Any natural person violating any of the provisions of this section is
   guilty of a Class 4 misdemeanor.

D. No goods, article, or thing shall be pawned or pledged or received on account
of money loaned or purchased for resale if the original serial number affixed to
the goods, article, or thing has been removed, defaced, or altered.

E. The Superintendent of State Police shall promulgate regulations specifying
the nature of the particular description for the purposes of subdivision A 6.
			The Superintendent of State Police shall promulgate regulations specifying
the nature of identifying credentials of the person pawning, pledging, or
selling the goods, article, or thing. Such credentials shall be examined by the
pawnbroker, and an appropriate record retained thereof.

HISTORY: Code 1950, § 54-851; 1976, c. 66; 1986, c. 316; 1988, c. 765; 1990, c.
783; 1998, c. 848; 2001, c. 401; 2003, c. 448; 2013, c. 262; 2018, cc. 212, 217;
2019, cc. 238, 457.