This chapter may be cited as the "Pawnbrokers, Second Hand Dealers
Ordinance."
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them:
PAWNBROKER
Any person engaged in the business of lending money on the
deposit or pledge of personal property or who purchases personal property
with an expressed or implied agreement or understanding to sell it
back at a stipulated price. If a pawnbroker also purchases used merchandise
for resale, he must do so in accordance with the provisions of this
chapter.
PERSON
Any individual, partnership, corporation, firm or association
or any combination thereof.
SECONDHAND DEALER
Any person engaged in the business of conducting a secondhand
store or dealing in secondhand goods, other than used car dealers
and merchants taking furniture, appliances and like merchandise in
on a trade in for new furniture, appliances and like items, whether
or not such person, in addition to or in connection with such secondhand
business, keeps in stock for retail goods, wares or merchandise, or
any place of operation for dealing or in purchasing gold, silver or
platinum.
An applicant for a license as a pawnbroker must be of good moral
character and shall not have been convicted of any felony or crime
involving moral turpitude. A license shall be denied to any applicant
whose license was revoked for cause or who was a partner, officer,
director, trustee, manager or stockholder of any corporation or unincorporated
association the license of which was revoked for cause.
Any application for license as a pawnbroker shall be referred
to the Police Department for investigation as to the qualifications
of the applicant and as to the truth of all statements in the application.
In making their investigation, the police shall use any or all current
methods of police inquiry, including, without limitation, fingerprints
and photographs. The police shall as soon as practical make their
report to the City Clerk who shall grant the license only if the report
is favorable. The applicant may appeal a denial of his application
to the governing body.
It is the duty of every person engaged in the business of a
pawnbroker to furnish an accurate and complete report each business
day, all property of every kind received or purchased during the preceding
business day, to the Police Department. Each item will be listed on
a separate report form, such forms to be furnished by the licensee
and approved by the City. The report shall include the following:
B. Complete description of the item, including make, model, if any;
C. Serial number and any other identifying marks, if any;
D. Date, time and type of transaction;
E. Name and address of person offering the item;
F. Description of the person(s) offering the item, including age, sex,
complexion, hair color, approximate height and weight, and date of
birth;
G. Type of identification used by person offering item and identifying
number of said identification. If the person presents a driver's license,
the report shall also indicate the state of issuance.
It is unlawful for any secondhand dealer or pawnbroker to falsify
any record required under the provisions of this chapter or for a
licensee or any other person to furnish false information in connection
with the sale, pledge or exchange of any goods.
It is unlawful for any secondhand dealer or pawnbroker in the
City to:
A. Buy or accept property as a pledge from any minor without the written
consent of the parent or guardian of such minor to so deliver or dispose
of the property.
B. Knowingly buy or accept property as a pledge from any person who
is at the time intoxicated, an habitual drunkard, under the influence
of narcotic or other incapacitating drugs, a thief or an associate
of thieves, a receiver of stolen property or a person convicted of
a felonious crime.
It shall be unlawful for any license holder to purchase or otherwise
receive any item of merchandise:
A. From which the manufacturer's name plate, serial number of distinguishing
number or identification mark has been obviously defaced, altered,
covered or destroyed.
B. Which the license holder believes or has reason to believe is not
lawfully owned by the person offering the same.
It is unlawful for any secondhand dealer or pawnbroker to buy
any property of any kind, or receive the same as a pledge, if the
property is distinctly and plainly marked as being the property of
any person other than the party offering to sell or pledge the same,
unless the party offering to sell or pledge the same shall show satisfactory
evidence, in writing, that he is the lawful owner of the property
or has been granted permission by the owner to pledge the property.
Failure to require such written evidence shall be prima facie evidence
of guilty knowledge on the part of the licensee, his agents or employees
that the party offering to pledge or sell the same is not the rightful
owner thereof and shall be sufficient cause for the revocation of
the license of the licensee by the City after notice and public hearing
held before the governing body.
Each item pledged to or purchased by the licensee for which
a report is required shall have attached thereto a tag with an identification
number matching the article with its corresponding report and record.
This is a penal ordinance. Any licensee who is found guilty
of a violation of any provision of this chapter shall be guilty of
a misdemeanor and shall be fined or imprisoned, or both, in the discretion
of the court, up to $300 or up to 90 days. Any licensee who violates
any provision of this chapter shall be subject to having said license
revoked or suspended by the City Clerk. Revocation or suspension of
such license will not bar prosecution of the licensee under the penal
provisions of this chapter. Criminal prosecution will not bar proceedings
to revoke or suspend the holder's license.
The requirements of this chapter shall apply to any agent or
employee of the person engaged in the business as defined in this
chapter.
Pawnbrokers or secondhand dealers may operate their businesses
only between the hours of 6:00 a.m. and 7:00 p.m. each day and shall
keep their businesses closed to the public at all other times.
The provisions of this chapter shall apply to any person presently
licensed as a pawnbroker or secondhand dealer by the City.