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2018 Georgia Code 44-12-136 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-12-136 Case Law from Google Scholar Amendments to OCGA 44-12-136

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.

ARTICLE 3 BAILMENTS

44-12-136. Supervision of pawnbrokers by municipalities.

Municipal authorities may license pawnbrokers, define their powers and privileges by ordinance, impose taxes upon them, revoke their licenses, and exercise such general supervision as will ensure fair dealing between the pawnbroker and his customers.

(Ga. L. 1868, p. 136, § 1; Code 1873, § 2137; Code 1882, § 2137; Civil Code 1895, §§ 755, 2955; Civil Code 1910, §§ 904, 3527; Code 1933, § 12-611.)

JUDICIAL DECISIONS

Municipal corporation not empowered to allow pawnbrokers to charge usury. Lockwood v. Muhlberg, 124 Ga. 660, 53 S.E. 92 (1906).

Cited in Phillips v. City of Atlanta, 78 Ga. 773, 3 S.E. 431 (1887); Howell v. Roberts, 656 F. Supp. 1150 (N.D. Ga. 1987).

RESEARCH REFERENCES

Am. Jur. 2d.

- 54 Am. Jur. 2d, Moneylenders and Pawnbrokers, § 5 et seq.

C.J.S.

- 70 C.J.S., Pawnbrokers, §§ 2-4.

ALR.

- Necessity of dealer's license to authorize sale of articles taken as security for or to satisfy a debt, 36 A.L.R. 685.

Constitutionality of statutes regulating business of making small loans, 125 A.L.R. 743; 149 A.L.R. 1424.

Cases Citing O.C.G.A. § 44-12-136

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Pawnmart, Inc. v. Gwinnett Cnty., 608 S.E.2d 639 (Ga. 2005).

Cited 13 times | Published | Supreme Court of Georgia | Feb 7, 2005 | 279 Ga. 19, 2005 Fulton County D. Rep. 344

...omplying with them. The requirements of local laws shall be construed as cumulative to this part." Thus, by expressly preserving local laws (which include county ordinances), the legislature has in effect "authorized" them. Pawnmart argues that OCGA § 44-12-136, by granting "municipal authorities" the right to regulate pawnbrokers, has by implication preempted the right of counties to do so. But as stated above, the legislature clearly indicated its intent not to preempt "local laws." Even pretermitting that there is some conflict between OCGA § 44-12-135 and OCGA § 44-12-136, we note that the former was adopted in 1977, while the latter dates back to 1868 and was most recently amended in 1933....