(2)(a) A pawnbroker may store large items, including items identified in paragraph (c) of this subsection, off the premises of the business location at which the pawnbroker makes the pledge loan only if:
(A) The pawnbroker and the pledgor agree in writing that the pawnbroker may store the large item as described in this paragraph;
(B) The pawnbroker maintains a business location at which the pawnbroker displays a license the Director of the Department of Consumer and Business Services issued under ORS 726.080; and
(C) The off-premises location complies with all requirements this chapter or the director sets forth for pawnbroker business locations with respect to security, bonding, insurance and notice.
(b) A pawnbroker may have only one off-premises location at which the pawnbroker stores large items for each business location for which the pawnbroker has the license described in paragraph (a)(B) of this subsection.
(c) A pawnbroker shall hold a pledge in a gated, secured facility that is designed, constructed, furnished and maintained to present physical deterrents to a person’s ability to enter into the facility without authorization and remove the pledge, if the pledge is:
(A) A boat, as defined in ORS 830.005;
(B) A snowmobile, as defined in ORS 801.490;
(C) A trailer, as described in ORS 726.010 (2)(a)(D); or
(D) An all-terrain vehicle that is not required to be registered with the Department of Transportation.
(d) The director by rule may define "large items" for the purposes of this subsection.
(3) The pawnbroker has the burden of proof to establish due care if a pledge is lost.
(4) The pawnbroker has a first lien on any pledge for the amount of the pledge loan and interest in all cases except where goods are stolen or where a prior lien exists by virtue of any provision of law. [Amended by 1979 c.202 §5; 2013 c.261 §4; 2019 c.10 §3]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Section 726.010 - Definitions.
Section 726.050 - Requirements for issuance of license.
Section 726.060 - Application for license; contents; fee.
Section 726.075 - Grounds for denial of license.
Section 726.080 - Issuance and denial of license.
Section 726.125 - License fees; fees for extra service.
Section 726.130 - Annual report of licensee.
Section 726.150 - Revocation and suspension of license.
Section 726.155 - Procedure for license denial, revocation or suspension.
Section 726.250 - Investigations and examinations; cost.
Section 726.255 - Investigation of pawnbrokers; oaths; witnesses; subpoenas; depositions.
Section 726.260 - Rules and rulings.
Section 726.270 - Prohibited transactions.
Section 726.280 - Register and records of licensee.
Section 726.300 - Contents of pawn ticket; effect.
Section 726.310 - Person entitled to redeem pledge; return of pledge stored off premises.
Section 726.370 - Multiple claimants of pledge; interpleader.
Section 726.390 - Interest rates and charges.
Section 726.395 - Charges related to firearms.
Section 726.400 - Loan period; renewal; forfeiture of pledge; notice; period for redeeming pledge.
Section 726.410 - Record of forfeited pledges.
Section 726.440 - Enforcement orders.