Now the Georgia Attorney General Sam Olens has opined as follows:
Municipalities are empowered to ensure compliance with O.C.G.A. § 44-12-138 pursuant to O.C.G.A. § 44-12-136, which provides that “[m]unicipal authorities may license pawnbrokers, define their powers and privileges by ordinance, impose taxes upon them, revoke their licenses, and exercise such general supervision as will ensure fair dealing between the pawnbroker and his customers.” There is no “Pawnbrokers” licensing board on the state level. It is usually either the local sheriff or police department that oversees pawn shops.
I have today written to the City Mayor and City Manager asking that the prior advice to the City Council be reviewed and that action now be taken to enforce the Georgia code which provides that:
Georgia Code - Property - Title 44, Section 44-12-138(a)(1) Any pawnbroker as defined in paragraph (2) of Code Section 44-12-130 shall include most prominently in any and all types of advertisements the word 'pawn' or the words 'pawn transaction.' A pawnbroker shall not use the term 'loan' in any advertisements or in connection with any advertising of the business of the pawnbroker; provided, however, that the provisions of this sentence shall not apply to a pawnbroker in business on March 1, 1992, which uses the term 'loan' in connection with the name of the business or with advertising of the business.
Georgia Code - Property - Title 44, Section 44-12-139.
Unless specified to the contrary in this part, the failure of any pawnbroker to do anything required of him or her under this part or the act of doing anything prohibited under this part shall cause the pawnbroker, upon a first conviction, to be guilty of a misdemeanor punishable by a fine not to exceed $500.00 or by 12 monthśimprisonment, or both. Upon a second or subsequent conviction, the pawnbroker shall be guilty of a misdemeanor of a high and aggravated nature."
See code at: http://www1.legis.ga.gov/legis/2005_06/fulltext/hb675.htm
Georgia Code - Property - Title 44, Section 44-12-138(a)(1) Any pawnbroker as defined in paragraph (2) of Code Section 44-12-130 shall include most prominently in any and all types of advertisements the word 'pawn' or the words 'pawn transaction.' A pawnbroker shall not use the term 'loan' in any advertisements or in connection with any advertising of the business of the pawnbroker; provided, however, that the provisions of this sentence shall not apply to a pawnbroker in business on March 1, 1992, which uses the term 'loan' in connection with the name of the business or with advertising of the business.
Georgia Code - Property - Title 44, Section 44-12-139.
Unless specified to the contrary in this part, the failure of any pawnbroker to do anything required of him or her under this part or the act of doing anything prohibited under this part shall cause the pawnbroker, upon a first conviction, to be guilty of a misdemeanor punishable by a fine not to exceed $500.00 or by 12 monthśimprisonment, or both. Upon a second or subsequent conviction, the pawnbroker shall be guilty of a misdemeanor of a high and aggravated nature."
See code at: http://www1.legis.ga.gov/legis/2005_06/fulltext/hb675.htm
