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Governor Signs AB 391 – This Changes Everything!

CAPA 58TH ANNUAL CONVENTION & EXPOSITION

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OCTOBER 24-26, 2014

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CALIFORNIA PAWNBROKERS ASSOCIATIONCOLLATERAL LOAN & SECONDHAND DEALERS ASSOCIATION OF CALIFORNIA

SUMMER 2014

CAPA

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Summer 2014 5

OFFICERS

Diane Taylor

President

Trader’s Loan & Jewelry

Reseda, CA

Phone: (818) 345-8696

[email protected]

Tony DeMarco

President-Elect

Western Loan & Jewelry

Los Angeles, CA

Phone: (323) 268-4120

[email protected]

Jan Schneider

Secretary

R & J Jewelry & Loan

San Jose, CA

Phone: (409) 295-3610

[email protected]

Sam Shocket

Treasurer

King’s Jewelry & Loan

Los Angeles, CA

Phone: (213) 383-5555

[email protected]

STAFFKimberly Andosca

Executive Director

CAPA

One Capitol Mall, Suite 320

Sacramento, CA 95814

Phone: (916) 669-5322

Fax: (916) 444-7462

[email protected]

Copyright © 2014 CAPA

Opinions expressed in these articles are

those of the individual authors and do not

necessarily represent the views of CAPA.

ContentsPresident’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

California Business & Professions Code Regulation of “Gift Cards” . . . . . . . . . . . . . . . . . . . .11

CAPA Keeping DOJ on Correct Course . . . . . . . . . . . . . . . 16

Pawn Around the State . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Capitol Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Gentlemen, Start Your Engines – A Tribute to Craig Rabiner . . . . . . . . . . . . . . . . . . . . . . . . 23

Meet Your Vendor Council . . . . . . . . . . . . . . . . . . . . . . . . 24

CAPA 58th Annual Convention & Exposition . . . . . . . . . . . 27

Curt’s CAPA Wisdom . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

DirectorsIsrael Adato Express Financial Services San Diego, CA Phone: (619) 428-8003 [email protected]

Michelle Anapolsky California Loan & Jewelry Sacramento, CA Phone: (916) 446-6175 [email protected]

Art Artinian All Season Pacoima, CA Phone: (818) 896-4366 [email protected]

Stephen Foster Editor in Chief Fresno Coin Gallery Jewelry & Loan Fresno, CA Phone: (559) 222-2646 [email protected]

Artur Galstian Goodfellas Pawn Shop West Covina, CA Phone: (626) 918-3020 [email protected]

Jennifer Grossi Pleasant Hill Coin & Jewelry Exchange Pleasant Hill, CA Phone: (925) 937-7877 [email protected]

Christine Hammond Neighborhood Pawn, Inc. Monrovia, CA Phone: (626) 358-2114 [email protected]

Mike Herda Atlas Loan & Jewelry Bellflower, CA Phone: (562) 263-7296 [email protected]

Michael Hyman Pawn Advantage Store Santa Rosa, CA Phone: (707) 527-7296 [email protected]

Dwight Kelly Super Xpress Pawn Riverside, CA Phone: (951) 785-5610 [email protected]

Stan Lukowicz, III Capital City Loan Sacramento, CA Phone: (916) 334-7296 [email protected]

John Martin Gems n’ Loans Oceanside, CA Phone: (760) 722-2762 [email protected]

Pat Rogers Perris Pawn Perris, CA Phone: (951) 443-1716 [email protected]

Tal Shmargal The Collateral Lender Beverly Hills, CA Phone: (310) 657-3718 [email protected]

Barry Smith BG Loan & Jewelry Co. Bell Gardens, CA Phone: (562) 927-7296 [email protected]

Ken Smith Cindy’s Pawn Hemet, CA Phone: (951) 925-6080 [email protected]

Dan Stansell Beverly Loan Company Beverly Hills, CA Phone: (310) 275-2555 [email protected]

TrusteesJeff Bernard Palace Pawn Brokers, San Diego

Tim Cassidy Cassidy’s Jewelry & Loan, Stockton

Curt Chapman Westminster Jewelry & Loan, Westminster

Rudy Gintel Brothers Collateral Loans, Los Angeles

David Newman Cash Loan, Inc., S. San Francisco

Vendors CouncilMichael Elliott North American Metals

Seth Ward Union Life & Casualty Insurance

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OCTOBER 3-9, SINGLE STONE NEW YORK & ISRAEL

OCTOBER 8-17, MELEE NEW YORK & DUBAI


NOVEMBER 12-20, SINGLE STONE NEW YORK & ISRAEL

MELEE BREAKOUT SINGLE STONES . .

I t is hard to believe that this will be nearly my last mes-sage to all of you as President of CAPA. Being your President has been an incredible experience that I will

treasure forever! These past five years have gone by very quickly. There have been many changes during my time as President to our association, our industry, and the world we live in. I want to thank all of you for your support and help through all of these changes including the incredible support from Kim, Bill and Jon, who have helped keep me in line!

I believe we are a more cohesive group and stronger than ever. We all work well together and have made tre-mendous progress for the betterment of our Industry. I hope that moving forward we will continue to work to-gether to grow our Association.

Which brings me to our very important election pro-cedure for 2014. As a reminder, CAPA’s officers (President-elect, Secretary and Treasurer) positions are up for election this year. As per our bylaws, these seats are elected by your Board, from among the Board members you elect each year.

CAPA Bylaw6.2 Appointment of Officers. Following self-nomi-

nation or nomination by the Board, all officers shall be chosen and appointed by a two-thirds (2/3rds) major-ity of directors, shall take office on the date specified by the Board, and shall serve for a term of two (2) years. All officers shall be chosen from among the members of the Board who have served at least one (1) full Member-elected term on the Board; provided, however, that the Immediate Past President shall not be appointed but shall be replaced with the outgoing President/Chairman of the Board each time a new President/Chairman of the Board is chosen and appointed; and provided further, that no director who has been appointed to his or her current Board term by the Board to fill a vacancy on the Board may be elected as an officer.

These appointments, once made, will be announced in the Fall issue of the Newsletter and via the Members GoogleGroup.

Additionally, the election for half of our Board seats are now in process as we are collecting nominations (See nomination form on following page). Ballots for these seats will be sent to all voting category members later this summer.

4.4 Voting and Rights. (a) Voting Rights of Members. Each person admit-

ted as a Member of the Association shall have the rights af-forded to “members” under the Nonprofit Law, including the right to vote for members of the Board of Directors and their

right to vote on issues put before the Membership, provided that they are in “Good Standing” with the Association. A Member shall be considered to be in Good Standing if he or she has obtained and maintained their California pawn-broker’s license and paid all Membership Dues in a timely manner, as determined by the Board from time to time.

(b) Number of Votes. As noted in Section 4.1, each membership “Type” corresponds to the number of Pawnbroker stores owned by that Member, up to a maximum of ten (10) (e.g., a “Type 5 Membership” is a person that owns five Pawnbroker stores). Each Member, or his/her/its authorized representatives, shall have the number of votes on any issue (includ-ing votes for members of the Board of Directors) that correspond to his/her/its membership “Type,” so that a Type 5 Member will have five (5) votes on all mat-ters, a Type 7 Member shall have seven (7) votes on all matters and so on. No Member shall be entitled to cast, in any election, or on any matter, more than the num-ber of votes authorized under the preceding sentence.

5.6 Election of Directors; Terms. Directors shall be elected to the Board. The qualified individuals receiv-ing the highest vote corresponding to the number of open seats shall be elected (e.g., if seven (7) seats are open, then the seven (7) individuals receiving the highest number of votes shall be elected), except that each director must receive an affirmative vote of no less than five percent (5%) of the Members then entitled to vote. Each director shall take office on a date established by the Board prior to the director’s election by the Members, and each di-rector shall hold office until his or her successor is duly elected and qualified, or until his or her earlier death, resignation or removal. Board terms shall be staggered. Each director shall hold office for a term of two (2) years.

Should you have any questions, as always, please feel free to contact me or our Executive Di-rector, Kim in the office.

I want to thank each and every one of you for allowing me to have the honor of serving as your President.

Diane Taylor Traders Loan & Jewelry, Inc.President CAPA ■

President’s Message

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NOVEMBER 12-20, SINGLE STONE NEW YORK & ISRAEL

MELEE BREAKOUT SINGLE STONES . .

Summer 2014 7

President's Message

Date: _____________________________________________________________________________________________________

❑ I hereby nominate the following CAPA member for the 2014 Board election

OR

❑ I am a CAPA member and would like to self-nominate for the 2014 Board election

Name: _____________________________________________________________________________________________________

Company: __________________________________________________________________________________________________

City: ______________________________________________________________________________________________________

Phone: ____________________________________________________________________________________________________

Email: ____________________________________________________________________________________________________

I believe I am/this individual is qualified and is well suited to serve the membership of CAPA for the following reasons:

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

Nominated by: _____________________________________________________________________________________________

Representing CAPA Member Company: _______________________________________________________________________

✃

Return to: California Pawnbrokers Association • One Capitol Mall, Suite 320 • Sacramento, CA 95814 • Email: [email protected] • Fax: 916-444-7462

Official Board Election Nomination Form – Must be Received by July 16, 2014

8 California Pawnbrokers Association – CAPA

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What follows is my opinion concerning the application of Article 4 of Chapter 9 of the California Business and Professions Code, (§§ 21625‐21647).

Jon Webster, The Law Offices of Jon Webster

I. Is The Repurchase of “Gift Cards” Regulated under BPC Article 4?

Yes. It is my opinion that the repur-chase of gift cards by anyone but the original seller of the card is a transaction that is regulated under Article 4 of the Business and Professions Code. As such, the transaction must be reported, and the “gift card” held for the mandatory thirty day hold period. A business engaged in purchasing gift cards from consumers should be licensed under Section 21641 of the Business & Professions Code.

II. Factual Assumptions Implicit in This Opinion Memorandum

For purposes of this memoran-dum, I have assumed the following: (1) A “gift card” is a card representa-tive of a monetary amount available for use by its possessor at a specified retail or service outlet, i.e. Macy’s or Chili’s; (2) It bears at least an elec-tronic serial number and/or an em-bossed number unique to the card; and (3) The card is not being repur-chased by the original seller. Further, based on its letter, Von’s is purchasing “unwanted gift cards from consum-ers” by operating “Cash for Gift Cards (a service of Cardpool, Inc.)”.

III. Discussion

A. Applicable Business and Professions Codes

As you are well aware, section 21627 defines “tangible personal prop-erty” for purposes of Article 4. That section provides:

(a) As used in this article, “tangi-ble personal property” includes, but is not limited to, all secondhand tangible personal property which bears a serial number or personalized initials or in-scription or which, at the time it is ac-quired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.

(b) “Tangible personal property” also includes, but is not limited to, the following:

(1) All tangible personal prop-erty, new or used, including motor ve-hicles, received in pledge as security for a loan by a pawnbroker.

(2) All tangible personal proper-ty that bears a serial number or per-sonalized initials or inscription which is purchased by a secondhand dealer or a pawnbroker or which, at the time of such purchase, bears evidence of having had a serial number or person-alized initials or inscription.

(3) All personal property com-monly sold by secondhand dealers

which statistically is found through crime reports to the Attorney Gener-al to constitute a significant class of stolen goods. A list of such personal property shall be supplied by the At-torney General to all local law en-forcement agencies. Such list shall be reviewed periodically by the Attorney General to ensure that it addresses current problems with stolen goods.

(c) As used in this article, “tan-gible personal property” does not in-clude any new goods or merchandise purchased from a bona fide manufac-turer or distributor or wholesaler of such new goods or merchandise by a secondhand dealer. For the purposes of this article, however, a secondhand dealer shall retain for one year from the date of purchase, and shall make avail-able for inspection by any law enforce-ment officer , any receipt, invoice, bill of sale or other evidence of purchase of such new goods or merchandise.

(d) As used in this article, “tan-gible personal property” does not in-clude coins, monetized bullion, or com-mercial grade ingots of gold, silver, or other precious metals. “Commercial grade ingots” means 0.99 fine ingots of gold, silver, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.

California Business & Professions Code Regulation of “Gift Cards”

Summer 2014 11


The Legislature enacted Article 4, expressly declaring the Act’s purpose in regulating tangible personal prop-erty in Section 21625. That section reads in pertinent part:

It is the intent of the Legislature in enacting this article to curtail the dissemination of stolen property and to facilitate the recovery of stolen property by means of a uniform, state-wide, state‐administered program of regulation of persons whose principal business is the buying, selling, trad-ing, auctioning, or taking in pawn of tangible personal property and to aid the State Board of Equalization to de-tect possible sales tax evasion.

Further, it is the intent of the Legislature in enacting this article to require the uniform statewide re-porting of tangible personal property acquired by persons whose principal business is the buying, selling, trad-ing, auctioning, or taking in pawn of

tangible personal property, unless the property or the transaction is specifi-cally exempt herein, for the purpose of correlating these reports with oth-er reports of city, county, and city and county law enforcement agencies and further utilizing the services of the Department of Justice to aid in trac-ing and recovering stolen property.

Section 21626 defines the busi-nesses that are within the ambit of Article 4’s scope of regulation. That section provides in relevant part:

(a) A “secondhand dealer,” as used in this article, means and includes any person, copartnership, firm, or corpo-ration whose business includes buying, selling, trading, taking in pawn, accept-ing for sale on consignment, accepting for auctioning, or auctioning second-hand tangible personal property. A “secondhand dealer” does not include a “coin dealer” or participants at gun shows or events, as defined in Section

478.100 of Title 27 of the Code of Federal Regulations, or its successor, who are not required to be licensed pursuant to Section 12071 of the Pe-nal Code, who are acting in compli-ance with the requirements of Section 12070 and subdivision (d) of Section 12072 of the Penal Code, and who are not a “Gun Show Trader,” as described in paragraph (5) of subdivision (b) of Section 12070 of the Penal Code.

B. Application of BPC Statutes to “Gift Cards”

1. A “Gift Card” is Tangible Personal Property under Article 4

Article 4 is entirely self‐contained in that it supplies its own definitions of the property and businesses to which its terms apply.

Section 21627 answers the issues as to whether a “gift card” is or is not “tangible personal property” in the af-



Sergey Biryukov 1973-2014Thank you for your service to the Pawnbrokers in California. You will be missed.

firmative. This is so because subdivision (a) thereof spe-cifically includes any item “which bears a serial number”. A gift card must have at least one unique electronic serial number on it in order for the bearer to prove he or she has funds available on the account of the issuing card.1

Subdivision (a) does not stand in isolation. It is but-tressed by subdivision (b)(2) which states that all prop-erty that bears a serial number or evidence of a serial number which is purchased by a secondhand dealer.

Von’s appears to ignore the importance of section 21626. Rather, Von’s cites to a web article from the Board of Equalization.2 This article discusses possible state sales tax treatment of various transactions involv-ing the use of gift certificates. This is wholly irrelevant to the question as to whether a gift card is tangible per-sonal property under Article 4.

Von’s next argues that gift cards are akin to “access devices” or “’portals’ providing access to funds” and in this context cites to the Federal Register, vol. 76, July 29, 2011 at pg. 45403‐45420. Indeed, this is true. Pur-suant to Title 31 of the Code of Federal Regulations § 1010.100(kkk), a typical gift card is part of the “Closed Loop Prepaid Access” whereby the card represents “pre-paid access to funds or the value of funds that can be used only for goods or services in transactions involving a defined merchant or location (or set of locations), such as a specific retailer or retail chain, a college campus, or a subway system”. “Prepaid access” is similarly defined to be, “Access to funds or the value of funds that have been paid in advance and can be retrieved or transferred at some point in the future through an electronic device

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California Business & Professions Code Regulation of “Gift Cards”California Business & Professions Code Regulation of “Gift Cards”

or vehicle, such as a card, code, elec-tronic serial number, mobile identifi-cation number, or personal identifica-tion number”, (31 CFR 1010.100(ww)).

None of the federal definitions trump or conflict with the require-ments of Article 4. In fact, the fed-eral provisions can and do live in harmony with Article 4 requirements because both the federal regulations and Article 4 requirements seeks to address the same ill, to wit, the illegal movement of money or stolen prop-erty, respectively. Indeed, as more and more incidents of stolen gift or access cards occur, this can give rise to the California Attorney General specifically declaring that gift cards represent a type of tangible personal property that statistically constitutes a “significant class of stolen goods”.3

Finally, Von’s argues, “Another way to look at it is that the consumer is entering into a contract with a re-tailer such that the retailer agrees to provide tangible personal property or services in exchange for the funds accessed through the gift card. When

Cardpool buys a gift card, it is buy-ing the right to tender the gift card for tangible goods or services or to sell or convey that card to someone else who wishes to buy that right.”

This is a correct analysis of the transaction, but this does not dis-place the application of Article 4’s reporting, holding and licensing re-quirements for the purchase by Von’s/Cardpool of the gift card. The gift card is a serialized item capable of physical possession, and thus, theft. Its theft could be traced. It is not sim-ply an intangible right, e.g., a pass code, but a traceable, tangible item.

2. Von’s is a “Secondhand Dealer” under Section 21626

Section 21626 defines those busi-nesses who are required to be li-censed. Von’s admits that it acquires “unwanted gift cards” from consum-ers. It does this through an agree-ment between Safeway, (Von’s parent corporation) and Cardpool, Inc.

If Von’s acquires through this con-

tractual relationship serialized items of tangible property, then it must be licensed. In this matter, Von’s is acquir-ing unwanted gift cards from consum-ers. These cards bear serialization, i.e, embedded electronic serial numbers or visible numbers unique to the card itself. The purchase of such serialized property is specifically governed under Section 21627(a) and (b)(2), discussed above.

IV. CONCLUSIONVon’s has raised no credible ar-

gument why it should not become licensed as a secondhand dealer un-der Section 21641 for its purchase of unwanted gift cards from consumers. Further, it has raised no reason why it should not report its acquisition of unwanted gift cards as required by Section 21628, and to hold those cards for the requisite, thirty‐day hold peri-od pursuant to Section 21636. ■1. The presence of a serial number distinguishes a gift card

from a sports trading card. See AG Op. Ltr. 95‐814

2. See: www.boe.ca.gov/lawguides/business/current/btlg/vol2/suta/280‐0000‐all.html

3. See, subdivision (b)(3) of section 21627.



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In 2011, CAPA had several meetings with DOJ and Law Enforcement to negotiate pre-AB391 legislation.

Namely, how we were going to tran-sition from a paper JUS form to a digital upload. There were five meet-

ings that year and a lot of issues were talked about and agreed upon. One of the most significant was that our industry was going to upload “all of the information we CURRENTLY put on our JUS 123.” As our lobbyist put it: “nothing more, nothing less.” That meant that the way we describe an item, the words we use to describe items, were going to be “user” defined or individual program defined. This is very important to each of us. Our descriptions must be precise and accurate, not only for law enforcement, but for our clients who have entrusted us with their collateral. In 2011, it was argued by Lt. Mark Ste-vens, LA County Sheriff Department, that since he had noth-ing but paper now, if we could just digitize what was on each line (article, brand, description) law enforcement would be in a much better place to potentially find stolen property.

Fast forward two years. AB391 is passed, we start paying $300 license fees, and the DOJ hires a programming company to start writing the new ‘single, statewide, electronic database.’ The problem is, none of the people we negotiated with are at DOJ anymore, none of them really remember the debates we

had on very complex issues. In the end, they produce a beta pro-gram that mandates us to use their descriptors and their brand names. The result was a beta program that required us to use descriptors and brand names mandated by old systems used by DOJ. Systems such as CLETS and APS.

Criminal Databases? Aren’t we paying for a standalone database to be used by law enforcement? This change, we fig-ure, would cost each license holder that uploads many thou-sands of dollars to implement and reprogram, not to mention the recurring yearly costs to keep their lists current with ours. CAPA’s response was, of course, NO! And over the last two or three months we have been trying to get the powers to be at DOJ to get back to the correct, agreed upon course set in 2011.

I can report to CAPA membership that we are almost there. It was a senseless delay; however, thanks to our staff and friends in the legislature we have convinced the DOJ, for reasons they are slow to accept, our way is the correct way to proceed. What does this all mean? The DOJ database will not be operational until the end of the year or early 2015. I can honestly say with extreme certainty, if CAPA was not at the table in the position we are today, we would be describing items using DOJ mandated fields, there would be additional fields, two of which would be pictures of items and pictures of clients.

Please read Bill’s message for current legislation. ■

CAPA Keeping DOJ on Correct Course

Tony DeMarco, CAPA Legislative Chair


Legislative Committee Update

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Legislative Committee Update

CAPA San Diego meets with Senator Joel Anderson “San Diego’s pawn brokers are fundamental to the strength of our economy, and the State of California. I am conducting a forum for you to discuss all of the issues and ideas currently under review by the California Pawnbrokers Association in San Diego and in California.”

- Senator Joel Anderson.

Thanks to the CAPA San Diego area members for making this an extraordinary opportunity with another of our state leaders.

Nazarian Event – Another Huge Success for CAPA MembersThank you to Art Artinian and his wonderful family for the event of the year in his Pacoima Pawn Shop. Assemblymem-ber Nazarian enjoyed meeting with more than 30 of our members and their families not to mention was treated to an abundance of incredible Armenian dishes and wine.

It was truly an event to remember.

Pawn Around the State


Pawn Around The State

60th Anniversary of Traders Loan and Jewelry. Congratulations to Diane Taylor, her family and staff!

Chris Taylor, Doug Taylor, Diane Taylor, Dennis Zine, Bob Blumenfield

Diane with Congressional Candidate Wendy Greuel

Diane is honored by a representative from Congressman Brad Sherman’s office

Diane joins former LA City Councilman Dennis Zine, LA County Supervisor Candidate Bobby Shriver and Assemblyman Matt Dabaneh for “selfies”

The Robert Mouawad Campus5345 Armada Drive Carlsbad, CA 92008T 760 603 4000www.gia.edu

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Summer 2014 19

Pawn Around The StatePawn Around The State

Proud Members of:

I am pleased to report that all goes well for CAPA here in Sac-ramento. Assembly Concurrent

Resolution 101 (Jones-Sawyer) continues to move through the Legislature. Last week we were

voted out of Senate Judiciary Committee and next Mon-day we will be in Senate Appropriations Committee. From there ACR 101 will go to the Senate Floor. Believe it or not we have opposition on this simple ACR. Our old nem-esis Mr. Alan Marchand, who I believe has opposed ev-ery bill we have put before the Legislature since I have been representing CAPA/CLSDA, is again opposing us. We have prevailed in each committee but I do find it annoying since in this case, it is clearly done to simply annoy us……so in that regard he has succeeded. He maintains that the statutory changes contemplated should be made to the “pawnbroker” reporting statutes and not to the “second-hand dealer” statutes. In each committee I have testified that unfortunately the statutes having to do with report-ing are secondhand dealer statutes, so if they are to be changed we must call them what they are. His opposition is a straw dog of course, but it does annoy me.

We are also making great progress in taming the bu-

reaucratic beast otherwise known as the DOJ on our AB 391 Database. Your Board members and the executive subcommittee on the AB 391 database have really been putting in the hours on meetings and conference calls on this one. Of course the database that the DOJ first pro-posed created many problems for our members, and was a severe departure from our many planning summits in 2011. Moving them to our point of view has been a strug-gle, but one in which your Board has been very firm on, steadfastly making sure it will serve all of our members and has no unintended consequences for us to deal with.

CAPA was able to remove harmful language from a Senator Mark Leno bill that would make selling any smart phone without a “kill switch” to be illegal in 2015. This bill still presents problems for smart phone manufacturers, but we as resellers are exempt.

Heading into the General Election the hearts and minds in the Legislature are not focused on big issues as much as their own re-election. In spite of that our friends in the Leg-islature always extend a helping hand to CAPA. Our efforts here go smoothly as a general rule due in no small part to the engaged and proactive involvement of your Board of Direc-tors and the fine job that Kim and Jon do for us all. More news when the Legislatures shuts down in early September. ■

Capitol Report

Bill Duplissea

CAPA MEMBERS GET FREE LEGAL ADVICE

Law Office of Jon Webster1985 Bonifacio Street, Suite 102

Concord, CA 94520Phone: 925-686-8790

Fax: [email protected]

The Law Offices of Jon Webster offers CAPA members 30-minutes of scheduled consultation monthly – a $1,200 value!

Have an issue that you'd like addressed in the newsletter? Just let us know!

“One of the most valuable benefits of membership. Having access to FREE legal advice from one of the most knowledgeable pawn operations attorneys in California.”

- Tony De Marco, CAPA President-Elect

Call now for your appointment!

Summer 2014 21

Capitol Report

Gentlemen, Start Your Engines – A Tribute to Craig Rabiner

April 2014 Blog Posting Reprinted with Permission from Xidein

A little more than a year ago, on April 23, 2013, the possessory lending industry lost one of our great leaders. A tireless industry advocate, Craig Rabiner,

engaged in many legislative and legal campaigns on be-half of the National Pawnbrokers Association and pawn-brokers everywhere. His lobbying and collaborate efforts on Capitol Hill in Washington D.C. were very effective in protecting the industry and its clients. Craig’s influence across America’s local and state governing bodies posi-tively impacted 1000’s of pawnbrokers and their clientele. He was a man of character, energy, and perseverance.

The Charles R. Jones Lifetime Achievement award was awarded to Craig, posthumously at the NPA’s An-nual Membership Meeting in July 2013. Craig, 66, was the owner of Kohn’s Loan Company, with stores in Lima and Cincinnati, Ohio. A former Green Beret in the Vietnam War and practicing attorney, was a former President of the Ohio Pawnbrokers Association and key member of the NPA’s Board of Directors.

A number of Craig’s dear friends gathered in south-ern California this week for the Craig Rabiner Route 66

Memorial Ride. This ride will be a tribute to Craig who was fond of riding motorcycles and dreamed of riding a bike the full length of Route 66. The ride begins later this morning (Sunday, April 27, 2014).

Led by Morgan Jones on a motorcycle that once be-longed to Craig, a group of Craig’s pawnbroker friends will depart the far western end of Route 66 at the Santa Monica pier on motorcycles and in automobiles. They will follow the historic highway from the Pacific Ocean all the way to Illinois to honor the memory of their good friend. Xidein hopes to update you with their progress as they meander across the U.S.

Tonight 15 of us enjoyed a wonderful dinner at the fa-mous Lawry’s Prime Rib in Beverly Hills, as we set the stage for a great ride in Craig’s memory. Hosted by Sam Shock-et, the dinner was a time of recollection and mirth. Mor-gan Jones, Brian Smith, Michael Elliott, Jeff Bernard, Bob Moulton, Jackie Kinlaw, Sam Shocket, Steve Fowler, Perry Lewin and others attended this pre-ride evening event.

We hope to bring you photos and road stories over the coming days. Please pray that our travelers will enjoy a won-derful safe journey as they honor their departed friend. ■

Summer 2014 23

Craig Rabiner

Seth Ward, Vice Presiden Union Life & Casualty Ins. Agency 800.545.5624 www.pawninsurance.com

Seth is a native of Idaho who grew up playing sports and working on the farm. His hard working competitive roots, combined with a number of personal family chal-lenges he endured as a youngster, taught Seth valuable life-changing lessons. Moreover, during those formative years he embraced the concept of sacrificing on behalf of others and the importance of reliable professionalism.

His family relocated to the Phoenix area during Seth’s teenage years where he attended Gilbert High School and studied business at Mesa Community College. Seth and Ani-sha, his wife of nearly 15 years, have been blessed with two children, Hailey, age 14, and Nathan, age 12. The Wards have firmly established themselves as vibrant members of their community and have had a positive impact on area youth.

Over the past ten years Seth’s volunteer work in com-munity youth programs has resulted in several state championships and a memorable path to Omaha, where he coached his kids to a coveted third place national fin-ish. Seth’s leadership abilities have been well tested as he’s coached his young charges and offered them many positive life-changing experiences. Coaching both basketball and baseball has resulted in positive experiences for his young charges. He is also a volunteer assistant baseball coach at Centennial Middle School and dedicates his time and trea-sure in service to Habitat for Humanity and Feed My Starv-ing Children. Seth’s personal recreation includes boating on Arizona’s scenic lakes and playing baseball for the past five seasons as a member of the Phoenix Phillies.

Seth Ward not only serves his community, he has also served our industry for more than 13 years in his role as a team member at Union Life & Casualty. His many years in the business arena included the recruitment of new mem-bers to New Vision International through radio and televi-sion advertising. Seth is proud of his involvement with many

great companies. He is also grateful for the experiences that have taught him much about teamwork and its importance for long-term success in business environments.

His teamwork approach and passion has served the pawn industry well. He has dedicated his career path to as-sist in guiding and securing a good future for pawnbrokers. His involvement with CAPA began under the CLSDA banner at the 2001 convention. Through the years he’s attended ev-ery convention, including as many local government meet-ings throughout California as his busy schedule would per-mit. Seth’s involvement with the pawn industry has resulted in unanticipated personal benefits. His close work with in-dustry leaders, on behalf of pawnbrokers everywhere, unex-pectedly grew into important personal relationships.

He was honored by his nomination and election by the CAPA membership in 2009 to serve on the Board as a Ven-dor Representative. His active participation as member of the Board has included new ways to increase membership, as well as his efforts to recognize longtime members for their dedication to the possessory lending industry.

Seth’s goals for CAPA include expansion of current associate member involvement and increasing member-ship options through targeted recruitment of new mem-bers. His vision for CAPA also includes serious develop-ment of Best Practices to permit the general public an enhanced view of the positives and the true character of CAPA pawnbrokers. Seth recognizes the many strengths and talents available in CAPA’s current membership pool and believes that will serve CAPA well as a foundation in crafting a dedicated goal-oriented team approach to in-creasing association membership. He believes increased membership, combined with a successful Best Practices agenda, will result in a positive narrative and bright fu-ture for California’s pawn industry.

Meet Your Vendor CouncilCAPA's Vendor Council shall be responsible for acting as a liaison between Associate Members and the Board, and representing and articulating the interests of Associate Members to the Board.


Meet Your Vendor Council

Michael Elliott, Owner North American Metals 1.800.773.1626 www.northamericanmetals.com

Michael Elliott’s interest in science was first noticed one day while he was in Kindergarten. He was discov-ered while standing in front of the fish tank with a mag-net pressed to the glass. Michael had fed iron filings to the Goldfish to see if he could attract them to the side of the tank.

When, “Watch Mr. Wizard,”came on TV in the early 1950’s, Michael watched the experiments intently. After-wards, he did his best to duplicate what he’d seen on TV in his kitchen, to his mother’s surprise and delight.

As a teenager he and his fellow nerds discovered electronics. They wired up their apartments with inter-coms and built crystal radios.

In 1965, Michael marries. He gets a job for a major tex-tile company in their R&D dept. Two years later, a promo-tion and a transfer present themselves. Michael and his wife move to California to start a new life together.

In 1969, the birth of his son prompts Michael to reas-sess his life. The sixties and seventies were kind to ide-alists and dreamers. Michael and his family prospered.

In 1973, Michael took a job in the scrap metal busi-ness where his scientific inclinations led him to work with refiners. A series of conversations and introduc-tions led him to the jewelry business.

In 1977, the price of an ounce of pure Gold was below $200.00 and Michael was a dealer selling Gold chains to stores all over California. By January of 1980, Gold shot to over $800.00 and Michael was buying back more than he was selling. Knowing a number of refiners by then, he sold them what he bought. Mysterious shortfalls fol-lowed. There was only one thing to do.

Michael started refining on a small scale. Gold was coming into the market in huge quantities. The tempta-tion to grow the refinery was enormous. Michael was on the verge of opening a major refinery in Los Angeles when fortunately, he had a series of epiphanies: A Pawn-brokers primary inventory item is money. A refiner is the Pawnbroker’s banker, converting the Pawnbrokers bad loans and scrap Gold into money. That meant that what a refiner needs isn’t a building, it’s an efficient system to turn Gold into money and money back into Gold as fast, as precisely, accurately, reliably and as inexpensively as possible. Michael redefined refining from what was once thought of as a business built on Chemistry to one in-stead built on service.

In 1984, North American Metals was born out of that realization. NAM became and remains one of the top melt and assay houses in the country.

Since starting NAM, Michael has used Science in his many CLSDA/CAPA and NPA conventions as well as articles and emails to association members over the

years. His explanations on how to test for all of the pre-cious metals and detect their fakes have earned Michael high praise from Pawnbrokers and his fellow refiners. Michael continues to refine North American Metals, lis-tening to his customers, evolving his business to meet their needs and always striving to meet or exceed their expectations.

Michael got involved with CLSDA in 1979 when, Al Wiggins, a mentor, a friend and a long time Pawnbroker/member of the association, invited him to the CLSDA an-nual meeting of the membership. Al introduced him to a number of his friends. That turned out to be one of the most important days of his life though he didn’t realize it at the time.

The next year, Al invited him again and suggested that this time he set-up a bridge table near the door and hand out business cards to the other attendees.

After that meeting, he wrote a letter to Denis Hook-er, then President of CLSDA, and asked him to consider allowing vendors to join the association. He referred him to Charlie Goldstone, then Treasurer of CLSDA. It took another year but Charlie warmed to the idea of a whole new batch of dues paying members. Associate member-ship came into existence.

As the years went by, more and more vendors were invited to member’s meetings. Eventually, those gather-ings morphed into Conventions. Thanks to Denis and Charlie, and with a lot of dedication and careful man-agement from Linda Hoffman, Marc Vogel, Jeff Bernard, Heidi Hancox, Stephanie Zimelman, Kim Andosca and a number of others, CLSDA Conventions evolved from money losers to breaking even to one of the largest profit centers the association has.

Some time in the 1980’s, Denis invited Michael to at-tend the CLSDA Board meetings. He wanted him to bring the vendor’s perspective and insights to the board.

After Denis retired, Michael left the board thinking his work was done. When Robert Verheoff was elected Presi-dent, he asked him to once again, take a seat at the Board table as a Director. He accepted and held his seat being re-elected several times over more than a dozen years.

When Vendors were retired from the Board as Direc-tors, Michael was asked to continue his work on the new-ly formed Vendor Council where he serves to this day at the pleasure of the board.

Michael’s goal for CAPA is to do all he can to leave it better off than he found it. Working with the board has given him a special opportunity to do that. It’s essential to him that he repay the generosity so many have shown him with his best effort. ■

Summer 2014 25

Meet Your Vendor CouncilMeet Your Vendor Council

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NPA 2013 Real Estate Style Ad Standard Page Size.indd 1 3/20/2013 6:48:43 AM

CAPA 58TH ANNUAL CONVENTION & EXPOSITIONPOMONA • SHERATON FAIRPLEX HOTEL AND CONFERENCE CENTER

HOME OF THE NHRA MOTORSPORTS MUSEUM

OCTOBER 24-26, 2014

58TH

“Taking Care of Business”Hotel rate is $169 - make reservations soon so you don’t miss out on this great early rate.

To register call the hotel directly at 888-627-8074 and tell them you’re with the California Pawnbrokers Association!

The Sheraton Fairplex Hotel & Conference Center is ideally locat-ed in a park-like setting near the 10, 210, and 57

freeways in Pomona, CA. Just a few short miles from the LA/Ontario International Airport, our Pomona hotel offers easy access to all of the Southern California ex-citement in Los Angeles, San Bernardino, and Orange Counties. This convenient location provides a perfect setting for family vacations to Southern California or company meetings and retreats. Enjoy the newly renovated, state-of-the-art fi tness center or additional benefi ts and amenities.

Attendees will enjoy the conference center’s hi-tech meet-ing facilities and one of the largest exhibit halls in the state.

And we’ll have the run of the The Wally Parks NHRA Mo-torsports Museum, during our Welcome Reception. The Museum presented by the Automobile Club of Southern California, long a dream of NHRA founder Wally Parks, opened to the public April 4, 1998, after years of planning and months of hard work cataloging and arranging the ex-hibit. Housed in a 28,500-square-foot building on the edge of the historic Los Angeles County Fairplex, the Wally Parks NHRA Motorsports Museum’s mission is to celebrate the impact of motorsports on our culture. We collect, preserve, exhibit and interpret the vehicles, stories, and artifacts that represent our affection for, and the infl uence of, automotive

speed and style in all its forms. We are the place to view and learn about hot rods, customs, racecars and speed records, and the West Coast’s role as the historic center for their past and present development.

The Museum features an impres-sive array of vintage and historical racing vehicles — nearly 50 at the Grand Opening — along with pho-tographs, trophies, helmets and driving uniforms, artifacts, paint-ings, and other memorabilia chroni-

cling more than 50 years of American motorsports.

During this year’s CAPA events you’ll fi nd (details subject to change):

• An opportunity to visit several area pawn shops. The trip will include transportation and lunch.

• Exhibit hall bursting with vendors eager to make you the best deal including special private exhibit booths for our diamond and gem buyers.

• Timely seminars that speak to your business, ad-dressing issues that directly affect you including hands-on training for you and your employees.

Topics highlighted this year:

• The DOJ Database – what will it take to convert and comply.

• Security - keeping your building, staff, and mer-chandise safe.

• Building partnerships - law enforcement, local offi cials, relationships are so important

• and much, much more!

Diamonds, Diamonds, Diamonds!So many diamond and gem dealers come to our convention…bring them your stones and have them compete; shop around! You’ll go home knowing you got the best deal.

CAPA Pawn TourBack by popular demand, Friday, October 24, 2014 (8 AM –4 PM) $200 registration includes lunch and transportation. Space is extremely limited so register early to be on the bus!

Schedule Basics – Visit the website for a full schedule of events and educational topicsThursday October 23• Board of Directors Meeting

Friday October 24• CAPA Pawn Tour

• Welcome Reception at the NHRA Museum with very Special Legislative Guests

Saturday October 25• Opening General Session Breakfast

• Exhibit Hall Hours

• Educational Sessions: Selling on the Internet, Everything Watches, How to Survive a Robbery, All Things Coin, Advertising via Social Media

• Banquet and Annual Gala

Sunday October 26• Breakfast and Annual Members

Business Meeting


• Educational Sessions: HR 101, Pawn Operations 101, Buying and Reselling Electronics, Networking Roundtable Discussions on Topics Current to the Industry

CALIFORNIA PAWNBROKERS ASSOCIATION58TH CONVENTION & EXPOSITIONSHERATON FAIRPLEX HOTEL & CONFERENCE CENTER • 601 W. MCKINLEY AVENUE • POMONA, CA • OCTOBER 24-26, 2014

CALIFORNIA PAWNBROKERS ASSOCIATION58TH CONVENTION & EXPOSITIONSHERATON FAIRPLEX HOTEL & CONFERENCE CENTER • 601 W. MCKINLEY AVENUE • POMONA, CA 91768 • 888-627-8074

OCTOBER 24-26, 2014

EARLY REGISTRATION PRICING (register before September 30, 2014)

OPTIONAL FRIDAY SPECIAL EVENT:❏ Pawn Tour(Includes transportation and lunch)

Attendee member $200 # persons ___ = $ ______

Attendee nonmember $275 # persons ___ = $ ______

List Pawn Tour Attendees: Attendes below

____________________________________________

____________________________________________

Full Convention (Includes all events except Optional Friday Special Event)

Attendee member $425 $ ______

Attendee nonmember $575 $ ______

Employee/Guest $405 each # persons ___ = $ ______

Not able to attend the full meeting or need guest tickets? Consider these options:

Saturday Only (Breakfast and lunch included; Does not include Saturday Banquet Gala)



Employee/Guest $200 # persons ____ = $ ______

Sunday Only (Breakfast and lunch included)




Individual Tickets

Welcome Reception $75 # persons ____ = $ ______

Banquet Gala $160 # persons ____ = $ ______

Sunday Breakfast $70 # persons ____ = $ ______

TOTALS

Prices increase after 9/30/2014 $ ______

TOTAL DUE $ _______

BADGES

Attendee Name ______________________________

Attendee Name ______________________________

Attendee Name ______________________________

Attendee Name ______________________________

____________________________________________Member Store/Company

____________________________________________Contact

____________________________________________Address

____________________________________________City

____________________________________________

State Zip

____________________________________________

Phone Fax

____________________________________________Email❏ Visa ❏ Mastercard ❏ American Express ❏ Check/Money Order

____________________________________________

Credit Card #

____________________________________________

Expiration Date Security Code

______________Amount Charged $

____________________________________________Name on Card

____________________________________________Signature

____________________________________________

Card Billing Address and Zip

Mail, Fax or Email completed registration form with payment to:

California Pawnbrokers AssociationOne Capitol Mall, Suite 320

Sacramento, CA 95814Fax: 916-444-7462

Email: [email protected]

Questions? Call Kim at 916-669-5322.

Cancellations: No refunds will be given after October 10, 2014.

Refunds requested on or before October 10, must be submitted in

writing to CAPA and a $45 processing fee per registration will be

assessed for each cancellation.

T A K I N G C A R E O F B U S I N E S S

CALIFORNIA PAWNBROKERS ASSOCIATION58TH CONVENTION & EXPOSITIONSHERATON FAIRPLEX HOTEL & CONFERENCE CENTER • 601 W. MCKINLEY AVENUE • POMONA, CA 91768 • 888-627-8074

OCTOBER 24-26, 2014

EARLY REGISTRATION PRICING (register before September 30, 2014)

OPTIONAL FRIDAY SPECIAL EVENT:❏ Pawn Tour(Includes transportation and lunch)

Attendee member $200 # persons ___ = $ ______

Attendee nonmember $275 # persons ___ = $ ______

List Pawn Tour Attendees: Attendes below

____________________________________________

____________________________________________

Full Convention (Includes all events except Optional Friday Special Event)



Employee/Guest $405 each # persons ___ = $ ______

Not able to attend the full meeting or need guest tickets? Consider these options:

Saturday Only (Breakfast and lunch included; Does not include Saturday Banquet Gala)




Sunday Only (Breakfast and lunch included)




Individual Tickets

Welcome Reception $75 # persons ____ = $ ______

Banquet Gala $160 # persons ____ = $ ______

Sunday Breakfast $70 # persons ____ = $ ______

TOTALS

Prices increase after 9/30/2014 $ ______

TOTAL DUE $ _______

BADGES

Attendee Name ______________________________

Attendee Name ______________________________

Attendee Name ______________________________

Attendee Name ______________________________

____________________________________________Member Store/Company

____________________________________________Contact

____________________________________________Address

____________________________________________City

____________________________________________

State Zip

____________________________________________

Phone Fax

____________________________________________Email❏ Visa ❏ Mastercard ❏ American Express ❏ Check/Money Order

____________________________________________

Credit Card #

____________________________________________

Expiration Date Security Code

______________Amount Charged $

____________________________________________Name on Card

____________________________________________Signature

____________________________________________

Card Billing Address and Zip

Mail, Fax or Email completed registration form with payment to:

California Pawnbrokers AssociationOne Capitol Mall, Suite 320

Sacramento, CA 95814Fax: 916-444-7462

Email: [email protected]

Questions? Call Kim at 916-669-5322.

Cancellations: No refunds will be given after October 10, 2014.

Refunds requested on or before October 10, must be submitted in

writing to CAPA and a $45 processing fee per registration will be

assessed for each cancellation.

T A K I N G C A R E O F B U S I N E S S

“Taking Care of Business”Hotel rate is $169 - make reservations soon so you don’t miss out on this great early rate.

To register call the hotel directly at 888-627-8074 and tell them you’re with the California Pawnbrokers Association!

The Sheraton Fairplex Hotel & Conference Center is ideally locat-ed in a park-like setting near the 10, 210, and 57

freeways in Pomona, CA. Just a few short miles from the LA/Ontario International Airport, our Pomona hotel offers easy access to all of the Southern California ex-citement in Los Angeles, San Bernardino, and Orange Counties. This convenient location provides a perfect setting for family vacations to Southern California or company meetings and retreats. Enjoy the newly renovated, state-of-the-art fi tness center or additional benefi ts and amenities.

Attendees will enjoy the conference center’s hi-tech meet-ing facilities and one of the largest exhibit halls in the state.

And we’ll have the run of the The Wally Parks NHRA Mo-torsports Museum, during our Welcome Reception. The Museum presented by the Automobile Club of Southern California, long a dream of NHRA founder Wally Parks, opened to the public April 4, 1998, after years of planning and months of hard work cataloging and arranging the ex-hibit. Housed in a 28,500-square-foot building on the edge of the historic Los Angeles County Fairplex, the Wally Parks NHRA Motorsports Museum’s mission is to celebrate the impact of motorsports on our culture. We collect, preserve, exhibit and interpret the vehicles, stories, and artifacts that represent our affection for, and the infl uence of, automotive

speed and style in all its forms. We are the place to view and learn about hot rods, customs, racecars and speed records, and the West Coast’s role as the historic center for their past and present development.

The Museum features an impres-sive array of vintage and historical racing vehicles — nearly 50 at the Grand Opening — along with pho-tographs, trophies, helmets and driving uniforms, artifacts, paint-ings, and other memorabilia chroni-

cling more than 50 years of American motorsports.

During this year’s CAPA events you’ll fi nd (details subject to change):

• An opportunity to visit several area pawn shops. The trip will include transportation and lunch.

• Exhibit hall bursting with vendors eager to make you the best deal including special private exhibit booths for our diamond and gem buyers.

• Timely seminars that speak to your business, ad-dressing issues that directly affect you including hands-on training for you and your employees.

Topics highlighted this year:

• The DOJ Database – what will it take to convert and comply.

• Security - keeping your building, staff, and mer-chandise safe.

• Building partnerships - law enforcement, local offi cials, relationships are so important

• and much, much more!

Diamonds, Diamonds, Diamonds!So many diamond and gem dealers come to our convention…bring them your stones and have them compete; shop around! You’ll go home knowing you got the best deal.

CAPA Pawn TourBack by popular demand, Friday, October 24, 2014 (8 AM –4 PM) $200 registration includes lunch and transportation. Space is extremely limited so register early to be on the bus!

Schedule Basics – Visit the website for a full schedule of events and educational topicsThursday October 23• Board of Directors Meeting

Friday October 24• CAPA Pawn Tour

• Welcome Reception at the NHRA Museum with very Special Legislative Guests

Saturday October 25• Opening General Session Breakfast


• Educational Sessions: Selling on the Internet, Everything Watches, How to Survive a Robbery, All Things Coin, Advertising via Social Media

• Banquet and Annual Gala

Sunday October 26• Breakfast and Annual Members

Business Meeting


• Educational Sessions: HR 101, Pawn Operations 101, Buying and Reselling Electronics, Networking Roundtable Discussions on Topics Current to the Industry

CALIFORNIA PAWNBROKERS ASSOCIATION58TH CONVENTION & EXPOSITIONSHERATON FAIRPLEX HOTEL & CONFERENCE CENTER • 601 W. MCKINLEY AVENUE • POMONA, CA • OCTOBER 24-26, 2014

W ell, apparently summer-time has arrived. Time for those graduations

and weddings to take place. The question is are you ready for it? Spiff up your showcases, clean

the glass, steam the jewelry, and get ready to sell all those wedding and engagement rings. Clean all the guitars and musical equipment. Display any sporting items you may have. Put out all the phones, I-Pads, lap-top computers and any flat screens you may have. Keep them all charged and ready to go. In today’s world you never know what the grads may want.

I know that in my store here in Orange County, the summer months can be a little slow. My plan this year is to try and sneak a few more days off, play more golf and spend time with the grand kids. This way I can be well rested and can start thinking about Christmas - my best season.

Good luck to all and see you at the October convention in Pomona. I hear it’s going to be a great one. ■

Curt Chapman CAPA Trustee Westminster Jewelry & Loan

Curt’s CAPA Wisdom

Curt Chapman

Members,

Quick story: In 2006, on the recommendation of Mr. Duplissea, we supported a candidate running for the Assembly. Doug Brown had the event at his store. We had about 15 brokers there. This candidate was fascinated about our business and really appreciated our support. He coined the phrase: “Pawn-brokers are first responders to the current recession”. He won and later was elected to an open seat in the Senate. Along the way our lobbyist kept us very close to this legislator. CAPA would donate small amounts to his campaigns. We had another event for him. He was always a supporter of the pawn model and industry, and would often seek advice from us via Mr. Duplissea. Who was he? Senator Kevin De Leon - the new Speaker Pro Tem of the Senate (Taking over Darrell Steinberg). A very power-ful position, a very good friend of our industry, and a very good investment!

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SPECIALIZING IN PAWNBROKERINSURANCE AND BONDS FOR

OVER 27 YEARS


Curt's CAPA Wisdom

Curt's CAPA Wisdom

1.800.773.1626www.northamericanmetals.com

We’re the

of the Industry

Send Us Your Scrap Because

You’ll Love What We Give You Back!Check out our website and see what folks all over the country

have been saying about us for years.

Golden Retrievers

One Capitol Mall, Suite 320Sacramento, CA 95814

california pawnbrokers association every pawn shop a tv show that doesn’t have when it comes to...

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