(1) A pawnbroker is liable for the loss of a pledge or a part of a pledge or for an injury to a pledge that results from failure to exercise reasonable care. Reasonable care includes maintaining sufficient insurance coverage against possible loss as a result of fire, theft and burglary so as to protect the interest of the pledgor for the amount of the loan. (2)(a) A pawnbroker may store large items, including items identified in paragraph (c) of this subsection, off the premises of the business location at which the pawnbroker makes the pledge loan only if: (A) The pawnbroker and the pledgor agree in writing that the pawnbroker may store the large item as described in this paragraph; (B) The pawnbroker maintains a business location at which the pawnbroker displays a license the Director of the Department of Consumer and Business Services issued under ORS 726.080; and (C) The off-premises location complies with all requirements this chapter or the director sets forth for pawnbroker business locations with respect to security, bonding, insurance and notice. (b) A pawnbroker may have only one off-premises location at which the pawnbroker stores large items for each business location for which the pawnbroker has the license described in paragraph (a)(B) of this subsection. (c) A pawnbroker shall hold a pledge in a gated, secured facility that is designed, constructed, furnished and maintained to present physical deterrents to a persons ability to enter into the facility without authorization and remove the pledge, if the pledge is: (A) A boat, as defined in ORS 830.005; (B) A snowmobile, as defined in ORS 801.490; (C) A trailer, as described in ORS 726.010 (2)(a)(D); or (D) An all-terrain vehicle that is not required to be registered with the Department of Transportation. (d) The director by rule may define large items for the purposes of this subsection. (3) The pawnbroker has the burden of proof to establish due care if a pledge is lost. (4) The pawnbroker has a first lien on any pledge for the amount of the pledge loan and interest in all cases except where goods are stolen or where a prior lien exists by virtue of any provision of law. [Amended by 1979 c.202 5; 2013 c.261 4; 2019 c.10 3]
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