Pawnmart Inc. v. Gwinnett County

Georgia's general laws regulating pawnbrokers do not pre-empt a county ordinance, which requires fingerprints and digital photos from persons pawning property, since the ordinance is an authorized use of the county's police power.

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Pawnmart, Inc. contends that a Gwinnett County ordinance imposing certain requirements on pawnbrokers is preempted by state law. The trial court disagreed. Because there is no preemption, we affirm the trial court. Pawnmart filed suit against the County claiming that County Ord. No. 82-11 regulating pawnbrokers is preempted by state law. The Ordinance requires pawnbrokers to maintain certain records and obtain certain information from persons pawning property, including fingerprints, digital photographs, and sales receipts for new merchandise. The parties stipulated the facts for purposes of filing cross motions for summary judgment. After oral argument, the trial court found that there was no preemption.1 Accordingly, the trial court denied Pawnmart’s motion for summary judgment and granted the County’s, from which Pawnmart appeals.

1. The Georgia Constitution provides the following on preemption: Laws of a general nature shall have uniform operation throughout the state and no local or special law shall be enacted in any case for which provision has been made by an existing general law, except that the General Assembly may by general law authorize local governments by local Ordinance or resolution to exercise police powers which do not conflict with general laws.2 The first part provides the rule that general laws preempt local or special laws on the same subject; the second part excepts from this rule local laws permitted by, and not conflicting with, the general law. In the present case, OCGA § § 44-12-130 through 138 are general laws regulating Georgia pawnbrokers. Therefore, the Ordinance, because it also regulates Georgia’s pawnbrokers, is preempted unless it is 1 authorized by general laws, and 2 does not conflict with them.

Pawnmart Inc. v. Gwinnett County

Georgia's general laws regulating pawnbrokers do not pre-empt a county ordinance, which requires fingerprints and digital photos from persons pawning property, since the ordinance is an authorized use of the county's police power.

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