Chapter 20
Pawnbrokers
Article I – General Provisions
[HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 10-17-1990;
11-18-
1998; 8-20-2003; 2-4-2013.] 
§ 20-1. Statutory Authority. 
In pursuance of the authority conferred by the N.C.G.S., particularity Chapter 66 Article 45, the County
Commissioners of Henderson County, North Carolina, hereby ordain and enact into law the following
sections. 
 
§ 20-2. Purpose. 
The provisions set forth in this Chapter are designed to ensure a sound system of making loans, acquiring
and disposing of tangible personal property by and through pawnshops and to prevent unlawful property
transactions, particularity in stolen property, through licensing and regulating pawnbrokers; and to provide
for licensing fees and investigation fees of licensees; and to ensure financial responsibility to the County,
state and the general public; and to ensure compliance with federal and state laws; and to assist Henderson
County in the exercise of its police authority.  
§ 20-3. Jurisdiction. 
The provisions of this Chapter shall apply to the unincorporated areas of Henderson County outside the
municipal limits of any city or incorporated municipality as defined by N.C.G.S. 160A-1(2).
This Chapter
shall also apply to any municipality upon specific request of the governing body of the municipality and
consent of the Henderson County Board of Commissioners through an interlocal agreement pursuant to
§ 20-4. License Required. 
After the effective date of this Chapter, it shall be unlawful for any person, firm or corporation to establish
or conduct the business of pawnbroker unless such person, firm or corporation has procured a license to
conduct business in compliance with the requirements of this Chapter.
  
§ 20-5. Application for License. 
To be eligible for a pawnbroker’s license, an applicant must submit a petition to the Board of County
Commissioners showing:  
A.
 
B.
Compliance with the following additional County requirements:  
(1)
A criminal record check from the Clerk of Court of every county where the 
applicant has resided during the past 10 years.  
(2)
Written references from two or more local citizens.  
(3)
A notarized statement to the effect that the applicant has read understands and 
agrees to comply with the provisions N.C.G.S. Chapter 66 Article 45
and this 
Chapter.  
(4)
A local record check for all prospective pawnshop employees.  
(5)
Payment of $50 to Henderson County for an annual license fee.  
    
§ 20-6. Administration and Enforcement. 
It shall be the duty of the Clerk to the Board of County Commissioners to:  
A.
Establish and maintain the appropriate records for the administration of this Chapter and 
to receive, review and present to the Chairman of the Board of Commissioners for 
consideration by the Board of Commissioners at a regular scheduled meeting all properly
completed petitions for pawnbrokers' licenses. Upon approval of the petition, the Clerk to
the Board shall prepare the license for signature by the Chairman and deliver the duly 
executed license to the petitioner.  
B.
Enforce the provisions of this Chapter and cause to be conducted any investigations 
necessary concerning alleged violations.    
  
§ 20-7. Violations and
Penalties
Any person, firm or corporation violating any provision of this chapter shall be subject to the penalties set
forth in Henderson County Code Chapter 1, General Provisions, Article II. 
 
§ 20-8. Amendments. 
This Chapter may be amended by the Board of County Commissioners in accord with statutory provisions
governing ordinances of this type.  
§ 20-9. Through 20-19. (Reserved)
Article II - Electronic Record-Keeping &
Transmittal Requirements for Certain Businesses
§ 20-20. Definitions
The following terms are defined for purposes of this Chapter:
(1)
Cash Converter - has the same meaning as defined in N.C.G.S Chapter 66.
(2)
Pawnbroker - has the same meaning as defined in N.C.G.S Chapter 66.
(3)
Pawnshop - has the same meaning as defined in N.C.G.S Chapter 66
(4)
Precious Metals Dealer - has the same meaning as defined in N.C.G.S Chapter 66.
(5)
Secondary Metals Recycler - has the same meaning as defined in N.C.G.S Chapter
66.
(6)
Cash - In addition to and interpretation of the foregoing incorporated statutory 
definitions of “cash converter”, “pawnbroker”, “pawnshop”, “precious metals 
dealers” and “secondary metals dealers”, for the purposes of this Ordinance, the term
“cash”, when construing that for which goods are purchased or otherwise obtained 
from the public, shall include checks, drafts, demand instruments, notes, “IOUs” and
any other instrument indicating an present or future obligation to pay cash or other 
valuable consideration.
§ 20-21. Electronic
Record-Keeping.
Every owner or operator of a cash converter business, pawnbroker, pawnshop, precious metals dealer
or secondary metals recycler subject to this Ordinance shall maintain an electronic inventory tracking
system which is capable of delivery and transmission of all information required by N.C.G.S. 66-391
or 66-392 (for cash converters, pawnbrokers and pawnshops) or N.C.G.S. 66-410 (for precious metals
dealers) or N.C.G.S. 66-421 (for secondary metals dealers) by computer to the entity designated by the
Henderson County Sheriff’s Office.
§ 20-22. Electronic
Transmittal of Required Records.
Every owner or operator of a cash converter business, pawnbroker, pawnshop, precious metals dealer
or secondary metals recycler subject to this Ordinance is required to upload the information required
by N.C.G.S. 66-391 or 66-392 to the entity designated by the Henderson County Sheriff’s Office
within 1 business day of receipt of the goods purchased and/or pawned.
§ 20-23. Through 20-50. (Reserved)