City of Poplar Bluff, MO
Butler County
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Table of Contents
Table of Contents
Cross References — As to licenses and business regulations, generally, ch. 605.
State Law References — Authority of city to license, regulate pawnbrokers, §94.110, RSMo.; pawnbroker loans, §§367.011 et seq., RSMo.
Editor's Note — Ord. no. 7426 §1, adopted August 5, 2013, repealed this ch. 625 and enacted the new provisions set out herein. Former ch. 625 derived from R.O. 2007 §§24-1 — 24-9; ord. no. 4595, 7-6-81.
Article I Generally

Section 625.010 Jurisdiction Over Pawnbrokers.

Section 625.020 Jurisdiction Over Others Dealing in Secondhand Property.

Section 625.030 Records and Documentation Requirements — Pawnbrokers and Secondhand Dealers.

Section 625.040 Access to Records by Police Officers.

Section 625.050 Keeping of Property — Access to Property by Police Officers.

Section 625.060 Thumbprint and Photograph of Customer.

Section 625.070 Sections 625.030 Through 625.060 Not Applicable to Sales Only by Subject Person.

Section 625.080 Dealing With Certain Individuals Prohibited.

Section 625.090 Stolen Property.

Article II Pawnbrokers

Section 625.100 Definitions.

Section 625.110 Licenses Required.

Section 625.120 Application for New Pawnshop License.

Section 625.130 Transfer of Existing Pawnshop License — Change of Ownership of Licensed Pawnshop.

Section 625.140 Application for License.

Section 625.150 Investigation by Director.

Section 625.160 Standards for Issuance.

Section 625.170 Limitations.

Section 625.180 Subsequent License Applications.

Section 625.190 Suspension or Revocation of License.

Section 625.200 Receipt of Pledged Property — Contents, Loss of, Effect.

Section 625.210 Loans Due, When — Return of Collateral, When — Restrictions.

Section 625.220 Pawnshop Not to Be Used as a Residence.

Section 625.230 Hours of Operation.

Section 625.240 Notice of Goods to Be Shipped Out of Town.

Section 625.250 Adequate Books and Records Required.

Section 625.260 Rules.

Section 625.270 Penalty and Other Remedies.

Section 625.010 Jurisdiction Over Pawnbrokers.

[Ord. No. 7426 §1, 8-5-2013]
Any person who shall be deemed to be a pawnbroker under any Statute of this State and who shall be doing business within the corporate limits of the City of Poplar Bluff, Missouri, shall be subject to the provisions of such Statutes, such other provisions found in the Poplar Bluff Code of Ordinances and the following regulations and restrictions.

Section 625.020 Jurisdiction Over Others Dealing in Secondhand Property.

[Ord. No. 7426 §1, 8-5-2013]
A. 
Any person dealing in the purchase, sale, barter or exchange of secondhand or previously owned jewelry, coins, watches, diamonds or other precious stones, cutlery, old gold, silver, platinum or other precious metals or any other secondhand manufactured articles composed wholly or in part of gold, silver, platinum or other precious metals, or any recyclable materials, scrap metal, electronics, video game systems/video games/video game accessories or household goods, whether such person operates from a fixed storefront business or is conducting business on a temporary, short-term basis from a non-fixed location, within the corporate limits of the City of Poplar Bluff, Missouri, shall be deemed to be a person subject to the provisions of this Chapter.
B. 
Any person dealing in the purchase, sale, barter or exchange of used, secondhand or previously owned items of personal property of a value of more than twenty-five dollars ($25.00) and who shall be so engaged in such business from a fixed location or with such regularity as to be involved in more than casual sales and shall be so engaged within the corporate limits of the City of Poplar Bluff, Missouri, shall be deemed to be a person subject to the provisions of this Chapter.
C. 
Nothing to the contrary herein withstanding, no person shall be deemed to be subject to the provisions of this Chapter who is primarily engaged in the sale of previously owned motor vehicles, agricultural products or livestock or others who are primarily engaged in the sale of new products to the retail market. No provision hereof shall apply to jewelers who are primarily engaged in the sale of new products to the retail market or to those persons primarily engaged in sales on consignment for more than five (5) days. In addition, the following are also exempt from these provisions:
1. 
Those establishments whose primary source of business derives from antique items, generally consisting in age of twenty (20) years or more, and/or those establishments whose primary source of business derives from the purchase, sale, or barter of articles of clothing.
2. 
Gun and knife shows, auction or asset liquidation services engaged in the selling of the contents of an estate.
3. 
Charitable organizations that accept donated goods for resale as a fund-raising program for the charity.

Section 625.030 Records and Documentation Requirements — Pawnbrokers and Secondhand Dealers.

[Ord. No. 7426 §1, 8-5-2013]
A. 
Every person who is subject to the provisions of this Chapter shall keep permanent records prepared contemporaneously with the transaction identified therein as follows:
1. 
Electronic reporting of transactions. The Poplar Bluff Police Department shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the Chief of Police, in order to enhance its investigative services to protect both pawnbrokers/secondhand dealers and members of the general public. In the event of a change to its electronic reporting system, the City will notify all impacted licensees of the change within a reasonable time prior to such change.
Every pawnbroker or secondhand dealer shall operate and maintain a computer system with Internet access and photographic or video capability sufficient for the electronic reporting requirements described in this Article. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording/reporting requirements outlined in this Section. The licensee shall immediately notify the Police Department of any such failure or malfunction, and shall have such resolved as soon as practical. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license revocation proceedings under this Article.
2. 
Record of transactions. Throughout the term of the license, every pawnbroker or secondhand dealer shall report/upload to LeadsOnline, or the City's current electronic reporting system, the below listed information for each and every transaction conducted during each day they were open for business by the end of that business day. All information shall be recorded in the English language.
A transaction shall consist of all articles brought into a pawnbroker or secondhand dealer for sale, barter, trade, pledge, or pawn by an individual (pawner/seller) at one (1) specific time and date, articles brought into a pawnbroker or secondhand dealer by an individual (pawner/seller) for sale, barter, trade, pledge, or pawn at different times or different dates by the same person shall be considered as separate transactions, regardless of how short the difference in time is between those transactions. Separate transactions, either from the same person or different persons, shall not be combined and reported collectively.
a. 
Non-junk/scrap articles.
(1) 
Purchases/receipts by licensee.
(a) 
All non-junk/scrap articles brought into a pawnbroker or secondhand dealer by an individual (pawner/seller) for sale, barter, trade, pledge or pawn during a single transaction shall be itemized separately.
(i) 
Exemption: Collectible coins, antique/collectible currency, gold or silver necklaces, gold or silver bracelets may be lumped into one (1) entry per specified item (example: twelve (12) silver dollars, nine (9) twenty (20) inch gold braided necklaces) provided that each item is identifiable in a single or group photograph.
(b) 
Each non-junk/scrap article brought into a pawnbroker or secondhand dealer by an individual (pawner/seller) for sale, barter, trade, pledge, or pawn during a transaction shall be associated with the person (pawner/seller) who brought the article in. The licensee shall record/report the following information for each such transaction:
(i) 
A digital photographic image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be currently valid (not expired or mutilated) card issued by a government entity of the United States, and must include the pawner/seller's first and last name, current address, date of birth, and physical descriptors. In the event the card is valid but does not contain the pawner/seller's current address, the licensee must separately record and report the current address.
(ii) 
If the pawner/seller is pawning or selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported.
(iii) 
The date and time of the transaction.
(iv) 
A complete and thorough description of each non-junk/scrap article including, but not limited to, the following:
a.
Type of article.
b.
Brand name/make/manufacturer (if applicable).
c.
Model number (if applicable).
d.
Serial number (if applicable).
e.
Color/finish.
(v) 
A digital photograph(s) of each non-junk/scrap article purchased or received as trade, barter, pledge, or pawn by a pawnbroker or secondhand dealer, sufficiently detailed to allow reasonable identification of each article. If the article contains any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics, the digital image(s) shall capture the same.
(2) 
Sales by the licensees. Licensees do not need to record/report any information pertaining to the sale of junk/scrap material.
b. 
Junk/scrap articles.
(1) 
Purchase by licensees.
(a) 
Junk/scrap articles may be recorded/reported in bulk, but must specify the weight, type, (example: steel, copper, aluminum, etc.) and form (example: sheet, cans, pipe, wire, etc.) of the bulk material.
(b) 
Each different type and form of junk/scrap bulk material brought into a secondhand dealer by an individual for sale during a transaction shall be associated with the person who brought the material in. Licensees shall record/ report the following information for each such transaction:
(i) 
A photographic image on the ID card of the seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the pawner/seller's first and last name, current address, date of birth, and physical descriptors. In the event the card is valid but does not contain the seller's current address, the licensee must separately record and report the current address.
(ii) 
If the seller is selling on behalf of a company or business, the name, address and telephone number of such company or business shall also be recorded/reported.
(iii) 
If the junk/scrap is brought by motor vehicle to a licensee for sale, the make, model, color and license plate number of that vehicle shall be recorded/reported.
(iv) 
The date and time of the transaction.
(v) 
A digital photograph or, if the licensee has a video system, video segment of each individual type and form of bulk material purchased by the licensee shall be linked to the record of that transaction.
(2) 
Sales by licensees. Licensees do not need to record/report any information pertaining to the sale of junk/scrap material.
3. 
Written records in event of malfunction. In the event the electronic reporting system malfunctions or is otherwise not operational, the licensee shall, at all times during such malfunction or non-operation, be required to keep written records of any and all transactions made during the period of malfunction or non-operation, to include all information required by this Section. These written records shall be recorded/uploaded to LeadsOnline, or the City's current electronic reporting system, as soon as practicable after the electronic reporting system is functional. No such written records shall be erased, mutilated or changed. Written records shall be open and available for review upon request by the City Clerk or any Peace Officer during regular business hours.
4. 
Inspection of premises by police. The Chief of Police or any officer so designated by him/her shall have general supervision over all pawnbrokers and secondhand dealers, and shall also have power to inspect their respective places of business and all articles or things kept therein, whenever he/she shall deem it necessary to do so.
5. 
Solicitation of articles. No person licensed under this Article shall be permitted to solicit business of any nature upon any public street or public highway in the City.
6. 
Compliance enforcement. It shall be the duty of the Poplar Bluff Police Department to conduct regular compliance checks upon licensed pawnbrokers, consignment shops, secondhand goods dealers, precious metal collectors and scrap metal collectors. These compliance checks will be conducted at the direction of the Poplar Bluff Police Department's Chief of Police in a controlled and standardized manner.

Section 625.040 Access to Records by Police Officers.

[Ord. No. 7426 §1, 8-5-2013]
The electronic or written record and articles or items referred to herein shall, at all times, be open to inspection of any Police Officer of the City of Poplar Bluff or any designate of the Chief of Police. The record shall be maintained for a period of three (3) years from the date of the transaction to which it relates.

Section 625.050 Keeping of Property — Access to Property by Police Officers.

[Ord. No. 7426 §1, 8-5-2013]
A. 
Every person who is subject to the provisions of this Chapter shall retain each and every article received by him/her in the same state and condition as it was when received. All articles received during any one (1) day's transaction shall be kept separately and shall not be commingled with any other articles or items received during any other day's transactions.
B. 
All articles shall be made available for examination within the City of Poplar Bluff to any Police Officer of the City of Poplar Bluff for a period of five (5) consecutive days after the subject persons receipt of said items. Such items may not be sold, transferred or exchanged by the subject person during said five (5) day period.

Section 625.060 Thumbprint and Photograph of Customer.

[Ord. No. 7426 §1, 8-5-2013]
In lieu of the requirements of Subsection 625.050(B), the subject person may photograph and take the right thumbprint of the person involved in the pledge, sale, barter or exchange. Said thumbprint shall be taken on a three (3) inch by five (5) inch card and said photograph taken with a camera that immediately produces the photographic result. Said thumbprint and photograph shall be identified with the name of the person affixed thereto. Said photograph and thumbprint card shall be maintained for a period one (1) year from the date of the transaction to which it relates. In the event that said photograph and thumbprint are so obtained, in lieu of the provisions of Section 625.050(B), said items may be sold, transferred or exchanged by the subject person immediately after receipt of said items.

Section 625.070 Sections 625.030 Through 625.060 Not Applicable to Sales Only by Subject Person.

[Ord. No. 7426 §1, 8-5-2013]
The requirements of Sections 625.030, 625.040, 625.050 and 625.060, as they are applied to the subject person identified in Section 625.020, shall be applied only to purchases, pledges, bartered or exchanged goods. Such provisions shall not apply to those transactions which are solely and exclusively a sale by the subject person.

Section 625.080 Dealing With Certain Individuals Prohibited.

[Ord. No. 7426 §1, 8-5-2013]
No person subject to the provisions of this Chapter shall purchase or receive any goods, articles or things of value offered such person from any person under the age of eighteen (18) years or from any person who is at the time intoxicated or without first ascertaining that such article or thing is the property of the person offering to transfer or exchange same.

Section 625.090 Stolen Property.

[Ord. No. 7426 §1, 8-5-2013]
Pursuant to Section 570.080.2, RSMo., as may be amended from time to time, no person subject to the provisions of this Chapter shall knowingly take, buy or receive in pledge or deposit any stolen article or personal property, or any article of personal property that (from any cause) he or she may have reason to believe or suspect cannot be lawfully or rightfully sold, pawned or pledged by the person offering it. It shall be the duty of every person subject to the provisions of this Chapter, upon receiving information or learning that any goods, articles or things left with him/her have been lost or stolen, to immediately notify in writing the Police Department, giving the name of the person from whom the goods, articles or things were received and all other information as required by this Chapter.

Section 625.100 Definitions.

[Ord. No. 7426 §1, 8-5-2013]
For the purpose of this Article, the following terms, phrases and words shall have the meanings given herein and shall apply in the interpretation and enforcement of this Article unless otherwise specifically stated:
CHIEF OF POLICE
The Chief of Police of the City of Poplar Bluff Police Department.
DIRECTOR
The Director of Finance for the City of Poplar Bluff.
MONTH
That period of time from one (1) date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last date of such following month and when computations are made for a fraction of a month, a day shall be one-thirtieth (1/30) of a month.
NET ASSETS
The book value of the current assets of a person or pawnbroker less its applicable liabilities as stated in this Section. Current assets include the investment made in cash, bank deposits, merchandise inventory and loans due from customers excluding the pawn service charge. Current assets do not include the investments made in fixed assets of real estate, furniture, fixtures or equipment; investments made in stocks, bonds or other securities, investments made in prepaid expenses or other general intangibles. Applicable liabilities include trade or other accounts payable; accrued sales, income or payables that are unsecured or secured in whole or part by current assets. Applicable liabilities do not include liabilities secured by assets other than current assets. Net assets must be represented by a capital investment unencumbered by any liens or other encumbrances to be subject to the claims of general creditors.
PAWNBROKER
Any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
PAWNSHOP
The location at which or premises in which a pawnbroker regularly conducts business.
PERSON
An individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized.
PERSON OF GOOD MORAL CHARACTER
A person who has not been convicted of any State, Federal or municipal offense involving drugs or narcotics, robbery, burglary, theft, stealing, receiving stolen property, embezzlement, extortion, forgery, gambling, bribery, perjury, any weapons offense or any crime of violence.
PLEDGED GOODS
Tangible personal property other than choses in action, securities or printed evidence of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his/her business in connection with a pawn transaction.
SECURED PERSONAL CREDIT LOAN
Every loan of money made in this City, the payment of which is secured by a security interest in tangible personal property which is physically delivered into the hands of the lender at the time of the making of the loan and which is to be retained by the lender while the loan is a subsisting obligation.

Section 625.110 Licenses Required.

[Ord. No. 7426 §1, 8-5-2013]
No person shall operate a pawnshop in the City of Poplar Bluff unless such person obtains a pawnshop license issued by the Director of Finance of the City of Poplar Bluff, Missouri. A license is required for each place where pawnbroking business is transacted and no one shall act as an agent, employee or solicitor for any pawnbroker while such pawnbroker is engaged in such business at a place other than that specified in the license.

Section 625.120 Application for New Pawnshop License.

[Ord. No. 7426 §1, 8-5-2013]
A. 
An application for a new pawnshop license shall be under oath and shall state the full name and place of residence of the applicant, the place where the business is to be conducted and other relevant information required by the Director. If the applicant is a partnership, the application shall state the full name and address of each partner and whether such partner is a general partner or a limited partner. If the applicant is a corporation, the application shall give the full name and address of each officer, shareholder and director. Further, a "certificate in good standing" shall be filed with the Director. The application shall be accompanied by:
1. 
An investigation fee of five hundred dollars ($500.00) if the applicant is unlicensed at the time of applying for the pawnshop or two hundred fifty dollars ($250.00) if the application involves a second (2nd) or additional license to an applicant previously licensed for a separate location or involves substantially identical principals and owners of a licensed pawnshop at a separate location; and
2. 
Proof of general liability insurance in the amount of fifty thousand dollars ($50,000.00); and
3. 
An annual fee of five hundred dollars ($500.00).

Section 625.130 Transfer of Existing Pawnshop License — Change of Ownership of Licensed Pawnshop.

[Ord. No. 7426 §1, 8-5-2013]
Transfer of an existing pawnshop license or the change of ownership of a licensed pawnshop is the same as an initial application for a new pawnshop license. Licenses are personal to the licensee.

Section 625.140 Application for License.

[Ord. No. 7426 §1, 8-5-2013]
The application form for a new license, a renewal license, transfer of an existing license or change of ownership of a licensed pawnshop shall be on forms prescribed and provided by the Director and shall contain information sufficient to inform the Director regarding the qualifications of the applicant for a license or renewal license.

Section 625.150 Investigation by Director.

[Ord. No. 7426 §1, 8-5-2013]
The Director shall investigate the facts contained in an application for a new pawnshop license and shall request assistance of the Chief of Police and any other person having knowledge of the facts contained in the application or who is authorized to investigate those facts.

Section 625.160 Standards for Issuance.

[Ord. No. 7426 §1, 8-5-2013]
A. 
No license shall be issued to any person who:
1. 
Is not of good moral character or to any pawnshop employing persons who are not of good moral character; or
2. 
Makes a false statement of material facts in the application for a license or renewal license; or
3. 
Does not have net assets of at least fifty thousand dollars ($50,000.00) readily available for use in conducting business as a pawnshop for each licensed pawnshop; or
4. 
Does not file with the Director a bond satisfactory to the Director in an amount of five thousand dollars ($5,000.00) with a surety company qualified to do business in this City. The aggregate liability of such surety shall not exceed the amount stated in the bond. The bond shall run to the City for the use of the City and of any person(s) who may be a cause of action against the obligor of such bond under the provisions of this Article. Such bond shall be conditioned that the obligor will comply with the provisions of this Article and by all rules and regulations adopted by the Director and will pay to the City and to any such person(s) from such obligor under and by virtue of the provisions of this Chapter or any rules adopted by the Director pursuant to this Chapter during the time such bond is in effect.
If the Director is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop, the Director may require a finding, including the presentation of a current balance sheet, by an independent certified public accountant, that the accountant has reviewed the books and records of the applicant and that the applicant meets the net assets requirement of this Article.

Section 625.170 Limitations.

[Ord. No. 7426 §1, 8-5-2013]
A. 
No license shall be issued for the operation of a pawnshop, as defined herein, when the pawnshop will be located within three hundred (300) feet of any church, school or residentially zoned property.
B. 
No license shall be issued for the operation of a pawnshop, as defined herein, when the pawnshop will be located within five hundred (500) feet of another pawnshop.

Section 625.180 Subsequent License Applications.

[Ord. No. 7426 §1, 8-5-2013]
Subsequent to the first (1st) year for which a license is issued to a pawnbroker, each pawnbroker shall make a renewal application to the Director. The application shall be filed by January thirty-first (31st) of the current licensing year and shall be on the forms and shall contain such information as the Director may require. The forms shall contain such information as will assist the Director in determining whether conditions have changed and whether a renewal license should be issued for the subsequent licensing year. The Director may request the assistance of the Chief of Police or any other City employee or person having knowledge of the truth or falsity of the matters contained in the application or who is able to investigate those matters. The annual fee for the issuance of a renewal license is five hundred dollars ($500.00).

Section 625.190 Suspension or Revocation of License.

[Ord. No. 7426 §1, 8-5-2013]
A. 
If the Director believes that conditions have changed such that the holder of a pawnshop license would not still be eligible to receive a pawnbroker's license or that the holder of the pawnshop license is in violation of this Article or State law pertaining to pawnshops, the Director may suspend the license.
B. 
If the Director believes that the holder of a pawnshop license may remedy the situation, giving rise to the Director's belief that conditions have changed and has not previously been in violation of this Article or State law pertaining to pawnshops, the Director may suspend the license. If the Director believes that the changed condition(s) are such that, if true, the licensee would not be able to remedy the situation in a reasonable time or if the holder of the pawnshop license has previously been in violation of this Article or State law pertaining to pawnshops, then the Director may revoke the pawnshop license.
C. 
If the Director believes that the safety, morals or peace of residents of the City of Poplar Bluff, Missouri, is immediately affected by the change in conditions, the Director may suspend or revoke the license prior to a hearing, but he/she shall afford the licensee a hearing within five (5) days of the suspension or revocation if the licensee desires such a hearing. If the Director believes that the changed condition is not of such imminent hazard to the safety, morals or peace of the residents of the City of Poplar Bluff, he/she may have a hearing prior to his/her action. He/she shall give the licensee at least ten (10) days' notice of the hearing.
D. 
Any party aggrieved by a decision of the Director shall have the right of appeal to the Circuit Court of Butler County, Missouri.

Section 625.200 Receipt of Pledged Property — Contents, Loss of, Effect.

[Ord. No. 7426 §1, 8-5-2013]
A. 
At the time of making any secured personal credit loan, the lender shall execute and deliver to the borrower a receipt for and describing the tangible personal property subjected to the security interest to secure the payment of the loan. The receipt shall contain the following:
1. 
The name and address of the pawnshop;
2. 
The name and address of the pledgor, the pledgor's description, and the driver's license number, military identification number, identification certificate number, or other official number capable of identifying the pledgor;
3. 
The date of the transaction;
4. 
An identification and description of the pledged goods, including serial numbers if reasonably available;
5. 
The amount of cash advanced or credit extended to the pledgor;
6. 
The amount of the pawn service charge;
7. 
The total amount which must be paid to redeem the pledged goods on the maturity date;
8. 
The maturity date of the pawn transaction; and
9. 
A statement to the effect that the pledgor is not obligated to redeem the pledged goods, and that the pledged goods may be forfeited to the pawnbroker sixty (60) days after the specified maturity date.
B. 
If the pawn ticket is lost, destroyed, or stolen, the pledgor may so notify the pawnbroker in writing, and receipt of such notice shall invalidate such pawn ticket, if the pledged goods have not previously been redeemed. Before delivering the pledged goods or issuing a new pawn ticket, the pawnbroker shall require the pledgor to make a written affidavit of the loss, destruction or theft of the ticket. The pawnbroker shall record on the written statement the identifying information required, the date the statement is given, and the number of the pawn ticket lost, destroyed or stolen. The affidavit shall be signed by a notary public appointed by the Secretary of State pursuant to Section 486.205 RSMo., to perform notarial acts in this State.

Section 625.210 Loans Due, When — Return of Collateral, When — Restrictions.

[Ord. No. 7426 §1, 8-5-2013]
A. 
Every secured personal credit loan shall be due and payable in lump sum thirty (30) days after the date of the loan contract or, if extended, thirty (30) days after the date of the last preceding extension of the loan and if not so paid when due, it shall, on the next day following, be in default. The lender shall retain possession of the tangible personal property subjected to the security interest to secure payment of any secured personal credit loan for a period of sixty (60) days next following the date of default. If, during the period of sixty (60) days, the borrower shall pay to the lender the principal sum of the loan with the loan fee(s) and the interest due thereon to the date of payment, the lender shall thereupon deliver possession of the tangible property to the borrower. If the borrower fails, during the period of sixty (60) days, to make payment, the title to the tangible personal property shall, on the day following the expiration of the period of sixty (60) days, pass to the lender without foreclosure and the right of redemption by the borrower shall be forever barred.
B. 
A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction.
C. 
Except as otherwise provided herein, any person properly identifying himself/herself and presenting a pawn ticket to the pawnbroker shall be presumed to be entitled to redeem the pledged goods described therein.
D. 
A pawnbroker shall not:
1. 
Accept a pledge from a person who is under eighteen (18) years of age;
2. 
Make any agreement requiring the personal liability of a pledgor in connection with a pawn transaction;
3. 
Accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor under this Article or other law;
4. 
Fail to exercise reasonable care to protect pledged goods from loss or damage;
5. 
Fail to return pledged goods to a pledgor upon payment of the full amount due the pawnbroker on the pawn transaction. In the event such pledged goods are lost or damaged as a result of a pawnbroker's negligence while in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace the lost or damaged goods with like kind of merchandise. Lenders shall not be responsible for loss of pledged articles due to acts of God, acts of war or riots. Each lender shall employ, if reasonably available in his/her area, a reputable company for the purpose of fire and theft security;
6. 
Purchase or take in trade used or secondhand personal property unless a record is established that contains:
a. 
The name, address, physical description and the driver's license number, military identification number, identification certificate number or other official number capable of identifying the seller;
b. 
A complete description of the property, including the serial number, if reasonably available or other identifying characteristic; and
c. 
A signed document from the seller providing that the seller has the right to sell the property.

Section 625.220 Pawnshop Not to Be Used as a Residence.

[Ord. No. 7426 §1, 8-5-2013]
No pawnbroker or member of the pawnbroker's family or employee or any other person shall be permitted to live in a pawnshop or in rooms connecting therewith.

Section 625.230 Hours of Operation.

[Ord. No. 7426 §1, 8-5-2013]
No pawnshop shall be open for business or receive as pawned, pledged or purchased, on any condition whatsoever, any article of personal property or other valuable thing between the hours of 8:00 P.M. on any day and 7:00 A.M. on the following day.

Section 625.240 Notice of Goods to Be Shipped Out of Town.

[Ord. No. 7426 §1, 8-5-2013]
Every pawnbroker shall give the Chief of Police notice of all pawned goods to be shipped out of town, which notice shall state the name of the pledgee and the destination and date of shipment. Such goods shall not be shipped for at least seven (7) days after delivery of the copy of the register to the Chief of Police.

Section 625.250 Adequate Books and Records Required.

[Ord. No. 7426 §1, 8-5-2013]
Each licensee shall keep, consistent with accepted accounting practices, adequate books and records relating to the licensee's pawn transactions, which books and records shall be preserved for a period of at least two (2) years from the date of the last transaction recorded therein.

Section 625.260 Rules.

[Ord. No. 7426 §1, 8-5-2013]
The Director may issue such rules and regulations as he/she deems necessary to implement this Article and the policies contained herein.

Section 625.270 Penalty and Other Remedies.

[Ord. No. 7426 §1, 8-5-2013]
Any person who violates any provision of this Article is guilty of a violation of this Article and may be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the City Jail for not more than four (4) months, or by both such fine and imprisonment.