[Ord. No. 510-C §1, 10-15-2001]
For the purposes of this Chapter, the following terms shall
have the meanings assigned to them by this Section, unless the context
of their use in this Chapter clearly requires otherwise:
Any used item acquired for resale, which is of a class of
merchandise or commodity that includes, but is not limited to, automobile
parts and accessories, wearing apparel, furniture, plumbing and construction
materials, household appliances, musical instruments, sporting equipment,
glassware, poles, wire and scrap metal.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of a pawnshop.
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 day of such following
month and when computations are made for a fraction of a month, a
day shall be one-thirtieth (1/30th) of a month.
The book value of the current assets of a person or pawnbroker
less its applicable liabilities as stated herein. Current assets include
the investment made in cash, 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; or investments made in prepaid expenses or other
general intangibles. Applicable liabilities include trade or other
accounts payable; accrued sales, income or other taxes; accrued expenses;
and notes or other payables that are unsecured or secured in whole
or in 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 or be subject to the claims of general creditors.
The proprietor, if a sole proprietorship; all partners (general
and limited), if a partnership; or all officers, directors and persons
holding ten percent (10%) or more of the outstanding shares of a corporation.
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.
The location at which or a premises in which a pawnbroker
regularly conducts business.
An individual, partnership, corporation, joint venture, trust,
association or any other legal entity, however organized.
In addition to other factors making a person of good moral
character, a person who has not been convicted of a felony or released
from confinement for conviction of a felony, whichever event is later,
within five (5) years immediately preceding the date of application
for pawnbroker license or has not been convicted of a misdemeanor
or released from confinement for conviction of a misdemeanor, whichever
event is later, within two (2) years immediately preceding the date
of application for pawnbroker license, where such felony or misdemeanor
involved the operation of a pawnshop, theft, stealing, robbery, burglary
or receipt of stolen property and related offenses, as defined in
the Missouri Criminal Code or similar Statutes or has not been convicted
of municipal ordinance violation or released from confinement for
conviction of a municipal ordinance violation, whichever event is
later, within two (2) years immediately preceding the date of application
for pawnbroker license, where such municipal ordinance violation involved
the operation of a pawnshop, theft, stealing, robbery, burglary or
receipt of stolen property.
Tangible personal property other than choses in action, securities
or printed evidences 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.
Every loan of money made in this State, 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.
The fair market retail value of the article at the time and
place of the acquisition of the article by the dealer or, where no
reasonable monetary value can be ascertained, the cost of replacement
of the article. It is expressly provided that value, as used in this
Chapter, shall not be determined by the cost of the article as paid
by the dealer.
[Ord. No. 510-C §2, 10-15-2001]
It shall be the duty of every person licensed as a pawnbroker
under the provisions of this Chapter to make available to the Chief
of Police for inspection, at any reasonable time requested by the
Chief of Police, daily pawn records obtained by the licensed pawnbroker
for each and every transaction that shall occur at the licensed premises.
No person shall be required to furnish any such records of property
purchased from manufactures or wholesale dealers having an established
place of business or of any goods purchased upon an open sale from
any bankrupt stock or from any other person having an established
place of business, but such purchased goods must be accompanied by
a bill of sale or other evidence of open and legitimate purchase and
must be verified as such to the Chief of Police when requested.
[Ord. No. 510-C §3, 10-15-2001]
A.
It shall
be unlawful for any person to operate a pawnshop unless said pawnshop
is currently licensed as a pawnshop issued pursuant to this Chapter
and as authorized by the Revised Statutes of Missouri. To be eligible
for a pawnshop license, an applicant shall:
B.
Every
pawnbroker must obtain a license for each place where such pawnbrokering
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.
C.
An application
for a new pawnshop license, the renewal thereof, the transfer of an
existing pawnshop license or the approval of a change in the ownership
of a licensed pawnshop 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 as may
be required. If the applicant is a corporation, the application shall
state the full name and address of each officer, shareholder and director.
If the applicant is a partnership, the application shall state the
full name and address of each partner.
D.
A license
shall not be issued to an applicant who is not a person of good moral
character or is otherwise presently unfit for a pawnshop license.
E.
Each
applicant for a pawnshop license at the time of filing application
shall file with the City of Canton a bond satisfactory to it and in
the amount of five thousand dollars ($5,000.00) for each license with
a surety company qualified to do business in this State. The aggregate
liability of such surety shall not exceed the amount stated in the
bond. The bond shall run to the State for the use of the State and
of any person or persons who may have a cause of action against the
obligor of such bond under the provisions of Sections 367.011 to 367.060
of the Revised Statutes of Missouri. Such bond shall be conditioned
that the obligor will comply with the provisions of Sections 367.011
to 367.060 of the Revised Statutes of Missouri and of all rules and
regulations lawfully made by the City of Canton and will pay to the
State and to any such person or persons any and all amounts of money
that may become due or owing to the State or to such person or persons
from such obligor under and by virtue of the provisions of Sections
367.011 to 367.060 of the Revised Statutes of Missouri during the
time such bond is in effect.
F.
If the
City of Canton is unable to verify that the applicant meets the net
assets requirement for a licensed pawnshop, the City of Canton 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 Chapter.
G.
A satisfactory
public liability insurance policy shall be filed with the City by
the applicant, covering all operations of said applicant. The sum
of at least one hundred thousand dollars ($100,000.00) for each person
injured and the sum of at least three hundred thousand dollars ($300,000.00)
in the case of injury to two (2) or more persons in any one (1) occurrence
and the sum of at least one hundred thousand dollars ($100,000.00)
for damage to property shall be provided. Such policy shall provide
that the City shall be notified of any cancellation or alteration
by the insurance carrier within ten (10) days before such cancellation
or alteration becomes effective.
H.
Investigation Fee. Each application for a license shall
be accompanied by an investigation fee of two hundred fifty dollars
($250.00).
[Ord. No. 510-C §4, 10-15-2001]
The license provided for in this Chapter shall designate the
licensed location and shall be posted conspicuously on the premises.
[Ord. No. 510-C §5, 10-15-2001]
Licensee shall pay an annual license fee of two hundred fifty
dollars ($250.00) for each license. The pawnbrokers license shall
end on the last day of June of each year. The cost of the license
shall be pro-rated as of the first (1st) day of the month in which
the license is applied for and originally granted to the last day
of June of that same year. Thereafter, any license fee paid for a
renewal of a license shall be for the full year. All applications
for a license renewal, together with the license fee, shall be presented
to the City Clerk of the City of Canton, Missouri, not later than
June fifteenth (15th) of each year.
[Ord. No. 510-C §6, 10-15-2001]
If any pawnbroker or his/her agents, servants or employees,
shall violate any of the provisions of this Chapter or Chapter 367
of the Revised Statutes of Missouri and is finally convicted in any
court of the City or State; fails to comply with the provisions of
this Chapter; or fails to remain a person of good moral character,
the license or licenses issued under this Chapter to said pawnbroker
may be suspended or revoked by the Board of Aldermen after a hearing
before the Board of Aldermen. Ten (10) days written notice of the
hearing to suspend or revoke stating the grounds thereof shall be
delivered to said pawnbroker at his/her place of business as set forth
in any license of said pawnbroker or by leaving or posting said notice
at said address. The pawnbroker shall have the right at the hearing
to be represented by an attorney, to cross-examine witnesses, to present
evidence and to testify on his/her own behalf. The hearing shall be
held in public at a regular or specially called meeting of the Board
of Aldermen. Upon suspension or revocation of any license, no license
fee paid shall be refunded to the licensee.
[Ord. No. 510-C §7, 10-15-2001]
A.
It shall
be unlawful for any person, other than an owner, who works as a manager
at a pawnshop to do so without having first obtained from the City
a manager permit, to be designated as a "Pawnshop Dealer Manager's
Permit" or to work as a manager at such business after such person's
manager's permit has been revoked or while such person's permit is
suspended.
B.
All applications
for a pawnshop manager's permit (manager's permit) shall be signed
by the applicant and be notarized. All applications shall be submitted
on a form supplied by the City and shall require the following information:
1.
The
applicant's name, home address, home telephone number, date and place
of birth and Social Security number;
2.
The
name and address of the business at which the applicant intends to
work as a manager and an "intent to hire" statement from the business
that is licensed or that has applied for a license, under the provisions
of this Chapter;
3.
A statement
from the applicant that he/she is a person of good moral character
and that the applicant has not been convicted of any felony, misdemeanor
or municipal ordinance which makes the applicant presently unfit for
a pawnshop dealer manager's permit; and
4.
Any
other information deemed relevant by the City for the efficient administration
of this provision.
C.
Pawnshop
dealer manager's permits shall be valid for a period of three (3)
years from the date of issuance. A fee of fifteen dollars ($15.00)
shall be payable at the time the application for the permit or renewal
is submitted for approval. Renewals shall be made in the same manner
as provided for above.
D.
Failure
to provide information required by this Section shall constitute an
incomplete application and the incomplete application shall not be
processed.
[Ord. No. 510-C §8, 10-15-2001]
A.
After
an investigation, the City shall issue the applicable license authorized
by this Chapter if the City finds:
1.
That
the business for which a license is required herein will be conducted
in a building, structure and location which complies with the requirements
of and meets the standards of the applicable health, zoning, Building
Code, fire and property maintenance ordinances of the City, as well
as the requirements of this Chapter;
2.
That
the applicant has not made any false, misleading or fraudulent statement
of material fact in the application for a license or in any report
or record required to be filed with the City (as part of the original
license application or application for renewal thereof);
3.
That
the applicant is a person of good moral character; and
4.
That
the applicant has not had a license or permit issued under the provisions
of this Chapter revoked within five (5) years immediately preceding
the application.
B.
After
an investigation, the City shall issue or renew any applicable pawnbroker
dealer manager's permit authorized by this Chapter if the City finds:
1.
That
the applicant has not made any false, misleading or fraudulent statement
of material fact in the application for a permit or the renewal thereof;
2.
That
the applicant is person of good moral character; and
3.
That
the applicant has not had a license or manager's permit issued under
the provisions of this Chapter revoked within five (5) years immediately
preceding the application.
[Ord. No. 510-C §9, 10-15-2001]
It shall be unlawful for a pawnshop owner to not comply with
the Building Codes, zoning, fire, health and property maintenance
ordinances of the City and with regulations of such departments of
the City. Failure to comply with such ordinances or regulations may
be a basis for suspension, revocation or non-renewal of the license
issued to that owner.
[Ord. No. 510-C §10, 10-15-2001]
A.
A pawnshop
dealer manager permit holder or owner shall be on duty at a pawnshop
at all times the pawnshop is open for business. The name of the manager
or owner on duty shall be prominently posted during business hours.
B.
It shall
be the responsibility of the manager or owner to have on the premise
the names, addresses, home telephone numbers, date and place of birth
and Social Security numbers of all current and former (prior two (2)
years) employees.
[Ord. No. 510-C §11, 10-15-2001]
A.
Every
pawnbroker shall keep at his/her place of business a clean and legible
register in which he/she shall enter, in writing, the following information:
1.
A detailed
description to include, but not be limited to, make, model, serial
number, color, appropriate carat weight, gold content, number and
description of stones and engraving or any unique identifying characteristics
of all property taken, purchased or received, including any number
that may be in or upon any article.
2.
The
time and date acquired and a complete description of the person leaving
or selling the property, giving his/her name, age, race, sex, color
of eyes and hair, weight, height, scars, tattoos or other easily visible
identifying physical characteristics.
3.
The
driver's license number, military identification number, home telephone
number, identifying certificate number or other official number capable
of identifying the person and place of residence, including street
and number or rural route address.
4.
The
amount lent, together with the interest charged and the maturity date
of the loan.
B.
Such
entries shall be made within one (1) hour after the receipt or purchase
of the property. Every entry shall be made in ink and shall not, in
any manner, be erased, obliterated or defaced.
C.
The pawnbroker
shall get from the seller or person pledging the property a signed
document from the seller or person pledging the property providing
that the seller or person pledging the property has the right to sell
the property.
D.
The documentation
information obtained for each transaction by the licensee shall be
open to inspection by the Chief of Police. Every pawnbroker shall
also, upon request, show and exhibit to the Chief of Police any article
under investigation by any Law Enforcement Agency taken or received
by him/her.
[Ord. No. 510-C §12, 10-15-2001]
A.
At the
time of making any secured personal credit loan, a pawnbroker 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 pawnbroker shall keep and maintain for
inspection in the same manner as the register a copy or second (2nd)
original of every receipt. The receipt shall contain the following:
1.
The
name and address of the pawnshop;
2.
The
name, address and date of birth of the pledgor, the pledgor's description
and the driver's license number, military identification number, Social
Security number, identification certificate number or other official
number capable of identifying the pledgor;
3.
The
right index fingerprint of the pledgor for all pledged goods for which
the amount of cash advanced or credit extended to the pledgor exceeds
fifty dollars ($50.00);
4.
The
date and time of transaction;
5.
An identification
and description of the pledged goods, including brand name, model
and serial numbers, if reasonably available;
6.
The
amount of cash advanced or credit extended to die pledgor;
7.
The
amount of the pawn service charge;
8.
The
total amount which must be paid to redeem the pledged goods on the
maturity date;
9.
The
maturity date of the pawn transaction; and
10.
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.
C.
Receipt
entries shall be made in ink or indelible pencil and said entries
shall not be erased, obliterated or altered in any way so as to cause
said entries to become illegible.
D.
Receipts
must be maintained in a form which contains a pre-printed, sequential
numbering or lettering system.
E.
An identifying
tag or sticker must be attached to all pledged goods and shall remain
on said pledged goods until redeemed or otherwise disposed of.
F.
Every
pawnbroker shall maintain and shall deliver or otherwise make available,
upon request of the Chief of Police or any designee, a copy of all
receipts.
[Ord. No. 510-C §13, 10-15-2001]
The maximum rate of interest which may be charged for making
and carrying any secured personal credit loan shall not exceed two
percent (2%) per month on the amount of such loan. Pawnbrokers may
also charge for the storage and security of such pledged property.
[Ord. No. 510-C §14, 10-15-2001]
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 pawnbroker 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 pawnbroker the principal
sum of the loan, with the loan fee or fees and the interest due thereon
to the date of payment, the pawnbroker shall thereupon deliver possession
of the tangible personal property to the borrower. But if the borrower
fails, during the period of sixty (60) days to make payment, then
tide to the tangible personal property shall, on the day following
the expiration of the period of sixty (60) days, pass to the pawnbroker,
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 by State Statute, any person providing proper
identification and presenting a pawn ticket to the pawnbroker shall
be presumed to be entitled to redeem the pledged goods described therein.
[Ord. No. 510-C §15, 10-15-2001]
A.
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
a waiver, in writing or otherwise, of any right or protection accorded
a pledgor under State law or City ordinance.
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 for the pawn transaction. In the event such pledged
goods are lost or damaged as a result of pawnbroker 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. Pawnbrokers shall not be responsible for loss of pledged
articles due to acts of God, acts of war or riots.
[Ord. No. 510-C §16, 10-15-2001]
Each pawnbroker shall keep, consistent with accepted accounting
practices, adequate books and records relating to the pawnbrokers
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.
