Hawaii Revised Statutes
445. County Licenses
445-131 Definitions.

Note
Sections 445-131 to 445-136 designated as Part V by L 1990, c 164, §28.
Cross References
Sunset evaluations modified, see § §26H-4 and 26H-5.
Pawnbrokers and secondhand dealers, see chapter 486M.
§445-131 Definitions. As used in this part:
"Holding period" means a period of time not less than thirty days after the maturity date, in which a customer has the right to redeem pledged goods by paying a pawnbroker the amount provided in the applicable pawn transaction agreement and an additional pawn finance charge.
"Maturity date" means the date upon which a pawn transaction agreement expires and the holding period begins to run.
"Month" means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no corresponding date, then the last day of the following month, and when computations are made for a fraction of a month, a day shall be one-thirtieth of a month.
"Pawnbroker" means a person engaged in the business of making pawn transactions, but does not include financial institutions whose deposits are federally insured and companies that are regulated or supervised by the division of financial institutions.
"Pawn finance charge" means the sum of all charges, payable directly or indirectly by the customer and imposed directly or indirectly by the pawnbroker, including charges for insurance, handling, storage, and any other charge imposed incidental to the pawn transaction.
"Pawn transaction" means the act of lending money on the security of pledged goods or the act of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
"Pledged goods" means tangible personal property, other than choses in action, securities, or printed evidences of indebtedness, that is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of the pawnbroker's business and in connection with a pawn transaction. [L 1886, c 28, §1; RL 1925, §2072; RL 1935, §2492; RL 1945, §7096; RL 1955, §155-76; HRS §445-131; am L 1992, c 192, §3]
Case Notes
General rules as to the use of articles pawned stated. 1 H. 74 (1851).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 25. Professions and Occupations

445. County Licenses

445-1 Definition: "Treasurer".

445-2 Treasurer to issue.

445-3 Signed by whom.

445-4 Fees in advance.

445-5 Fees; date when due and payable.

445-6 Place of business.

445-7 and 445-8 REPEALED.

445-9 Canceled on transferring, etc., business; penalty.

445-10 Term of license.

445-11 Exposed to view; penalty.

445-12 Business without license forbidden; not transferable; penalty.

445-13 License inspectors.

445-14 Limits of license.

445-15 Control by ordinance.

445-16 REPEALED.

445-21 Fee.

445-22 Public auction unlawful when.

445-23 Hours for auctions.

445-24 Fictitious bids.

445-25 Description of goods sold considered warranties.

445-26 Auction at places other than auction room; mock auctions.

445-27 Penalty.

445-28 Place of public auction room.

445-29 Designation of place for business.

445-30 Record books.

445-31 Bond.

445-32 Suit to enjoin violation and action for damages.

445-33 Suit on bond.

445-34 Suit at whose cost.

445-35 Auctioneer's charges.

445-36 Auctioneer may sue.

445-37 Public officers, etc., may sell without license.

445-38 Auctioneer's agent.

445-41 to 445-43 REPEALED.

445-51 to 445-53 REPEALED.

445-54 REPEALED.

445-61 REPEALED.

445-71 and 445-72 REPEALED.

445-81 and 445-82 REPEALED.

445-90 Definitions.

445-90.5 Exemption.

445-91 REPEALED.

445-92 REPEALED.

445-93 REPEALED.

445-94 Clearance required.

445-95 Conditions for conditional operation.

445-95.1 Unfair or deceptive practices prohibited.

445-95.2 Unfair and deceptive practices defined.

445-95.3 Powers of the director.

445-95.4 Penalty. Any person, firm, company, association, or corporation committing any unfair or deceptive practice as defined in section 445-95.2 shall be fined $500 for each violation. [L 1988, c 313, pt of §3]

445-95.5 Suits by the State.

445-95.6 Suits by individuals.

445-95.7 Jurisdiction, venue.

445-96 Penalty.

445-97 REPEALED.

445-98 REPEALED.

445-101 to 445-103 REPEALED.

445-111 Definitions.

445-112 Where and when permitted.

445-112.5 Vehicular advertising prohibited; penalty.

445-113 Regulation by counties.

445-114 Unlawful posting in public places.

445-115 Same; consent of owner.

445-116 to 445-119 REPEALED.

445-120 Enforcement by civil suit.

445-121 Penalty.

445-131 Definitions.

445-132 Fee.

445-133 and 445-134 REPEALED.

445-134.11 Pawn transaction agreement; disclosure requirements.

445-134.12 Pawn finance charge. (a) Pawn finance charges shall be deemed to be earned at the time the agreement for the pawn transaction is made and shall not be subject to a refund. (b) The maturity date of any pawn transaction may be changed to a s...

445-134.13 Prohibited practices. (a) No pawnbroker shall: (1) Charge or receive any pawn finance charge exceeding twenty per cent a month; (2) Contract for or receive any amounts other than the pawn finance charge in connection with a pawn transactio...

445-134.14 Redemption of pledged goods. (a) Except as otherwise provided by this part, any person properly identified as the customer in a pawn transaction or as the assignee or agent thereof, and presenting a pawn transaction agreement to the pawnbr...

445-134.15 Pawnbroker's recourse.

445-134.16 Pawnbroker liability.

445-134.17 Recordkeeping.

445-134.18 Compliance with other applicable law. All pawnbrokers shall comply with the requirements of chapter 486M. [L 1992, c 192, pt of §2]

445-134.19 Conformity with federal law. Every pawn transaction agreement that complies with the disclosure requirements of the federal Truth in Lending Act as of the date upon which the pawn transaction agreement is signed shall be deemed to comply w...

445-135 Acting without license; penalty.

445-136 Breach of condition; penalty.

445-141 Licensing.

445-142 REPEALED.

445-146 REPEALED.

445-151 to 445-153 REPEALED.

445-161 to 445-165 REPEALED.

445-166 REPEALED.

445-171 Fee, conditions.

445-172 Prohibitions; penalty.

445-181 to 445-186 REPEALED.

445-191 to 445-194 REPEALED.

445-201 to 445-203 REPEALED.

445-211 to 445-213 REPEALED.

445-221 to 445-226 REPEALED.

445-231 Definitions.

445-232 License.

445-233 Statement required.

445-233.5 Payment of copper purchased by scrap dealer or recycler; check; mailing.

445-234 Applicability.

445-235 Prohibitions; penalty