Colorado § 29-11.9-102 - Local authority to license and regulate.

§ 29-11.9-102. Local authority to license and regulate.

Local licensing authorities may license pawnbrokers and require that pawnbrokers be bonded and insured and may enact regulations governing pawnbrokers, which regulations shall be at least as restrictive as the provisions of this article 11.9; except that the regulations shall be no more restrictive than this article 11.9 with respect to fixed time and fixed price.

Source: L. 2017: Entire article added with relocated provisions, (SB 17-228), ch. 246, p. 1039, § 3, effective August 9.

Editor's note: This section is similar to former § 12-56-102 as it existed prior to 2017.

Cross references: For the authority of counties and municipalities to regulate and license pawnbrokers, see §§ 30-15-401 (1)(k) and 31-15-401 (1)(n).

ANNOTATION

Law reviews. For note, "Colorado Interest Law", see 34 Dicta 398 (1957).

Annotator's note. Since § 29-11.9-102 is similar to former § 139-58-1, C.R.S. 1963, and laws antecedent to that section, relevant cases construing those provisions have been included in the annotations to this section.

Cities and towns administer scheme regulating pawnbrokers. The general assembly has provided a comprehensive scheme for the regulation of pawnbrokers to be administered through its cities and towns. Lakewood Pawnbrokers, Inc. v. City of Lakewood, 183 Colo. 370, 517 P.2d 834 (1973).

Municipality may exact additional requirements. The mere fact that the state, in the exercise of the police power, has made certain regulations does not, however, prohibit a municipality from exacting additional requirements. Provident Loan Soc'y v. City & County of Denver, 64 Colo. 400, 172 P. 10 (1918).

So long as there is no conflict between state and municipality requirements, and the requirements of the municipality bylaws are not in themselves pernicious, as being unreasonable or discriminatory, both will stand. Provident Loan Soc'y v. City & County of Denver, 64 Colo. 400, 172 P. 10 (1918).

An ordinance of a city council regulating the licensing of pawnbrokers to be valid must be subordinate to and in harmony with the provisions of this article. Solomon v. City of Denver, 12 Colo. App. 179, 55 P. 199 (1898).