North Carolina § 66-396 - Penalties.

§ 66-396. Penalties.

Every person, firm, or corporation, their guests or employees, who shall knowingly violate any of the provisions of this Part, shall, on conviction thereof, be deemed guilty of a Class 2 misdemeanor. If the violation is by an owner or major stockholder or managing partner of the pawnshop and the violation is knowingly committed by the owner, major stockholder, or managing partner of the pawnshop, then the license of the pawnshop may be suspended at the discretion of the court. The provision of subsection (a) of this section shall not apply to violations of G.S. 66-395(a)(6) or G.S. 66-395(b) which shall be prosecuted under the North Carolina criminal statutes. Any contract of pawn the making or collecting of which violates any provision of this Part, except as a result of accidental or bona fide error of computation, shall be void, and the licensee shall have no right to collect, receive or retain any interest or fee whatsoever with respect to such pawn. History (1989, c. 638, s. 2; 1993, c. 539, s. 655; 1994, Ex. Sess., c. 24, s. 14(c); 2011-325, s. 8; 2012-46, ss. 2, 11.) Editor's Note. - Former G.S. 91A-11 was recodified as this section by Session Laws 2012-46, s. 2, effective October 1, 2012, and applicable to offenses committed on or after that date. Session Laws 2012-46, s. 33, provides: "This act becomes effective October 1, 2012, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2012-46, s. 11, substituted "Part" for "Chapter" in subsections (a) and (c); and, in subsection (b), inserted "of this section," and substituted "G.S. 66-395(a)(6) or G.S. 66-395(b)" for "G.S. 91A-10(a)(6)." For effective date and applicability provision, see Editor's note.