| (a) Public posting. A pawnshop's normal operating schedule
must be posted so it is visible from the main public entrance. Hours
of operation must comply with Texas Finance Code, §371.151. The
schedule must include the hours for each day the shop will normally
be open for business. Normal hours may include regular periods of
closing during a day, such as a lunch time closing. The pawnshop must
be open for business according to its posted schedule unless there
is an approved closing pursuant to subsection (b) of this section.
(b) Approved closing.
(1) Holiday closing.
(A) A pawnshop may be closed on any federal holiday
without notice.
(B) A pawnshop may close for a state or religious holiday
after posting notice five calendar days prior to the date of closing.
A notice of closing must be posted so it is visible from the main
public entrance.
(2) Non-holiday closing. Pledgors must be advised of
a closing five days in advance through use of a posted notice or the
mailing of notices to pledgors prior to the date of a temporary, non-emergency
closing. Any closing in excess of three business days requires notification
to the OCCC 15 days in advance. A notice of closing must be posted
so it is visible from the main public entrance. A day that the pawnshop
is normally closed under its posted schedule is not a non-holiday
closing as defined in this paragraph.
(3) Emergency closing. A notice of closing must be
posted so it is visible from the main public entrance if a pawnshop
is closed during regular posted hours due to an emergency. If the
licensee knows when the pawnshop will reopen at the time of an emergency
closing, the notice must include the date and time when the pawnshop
will reopen for business. As soon as reasonable, the OCCC should be
notified in writing of closings extending over three business days
in duration.
(c) Effect of closing.
(1) Non-holiday closing. The amount of pawn service
charge scheduled to accrue on each pawn transaction from the date
of non-holiday closing pursuant to subsection (b)(2) of this section
until actual redemption must be waived for any person who states an
attempt was made to redeem goods during the closing.
(2) All closings. If a pawnshop is closed on the "last
day of grace," the pledgor or holder of the pawn ticket must have
until the close of business on the next normal business day the pawnshop
is open to redeem the pledged goods, renew, or extend the pawn transaction.
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| Source Note: The provisions of this §85.401 adopted to be effective October 1, 2000, 25 TexReg 9435; amended to be effective September 19, 2005, 30 TexReg 5337; amended to be effective June 7, 2010, 35 TexReg 3471; amended to be effective July 1, 2014, 39 TexReg 3392 |
