[R.O. 2007 §607.010; Ord. No. 3878 §1, 5-19-1999]
For purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
- A person who claims that property in the possession of a pawnbroker is misappropriated from the claimant and fraudulently pledged or sold to the pawnbroker.
- HOLD ORDER
- A written legal instrument issued to a pawnbroker by a Law Enforcement Officer commissioned by the law enforcement agency of the municipality that licenses and regulates the pawnbroker, ordering the pawnbroker to retain physical possession of pledged goods in the possession of a pawnbroker or property purchased by and in the possession of a pawnbroker and not to return, sell or otherwise dispose of such property as such property is believed to be misappropriated goods.
- LAW ENFORCEMENT OFFICER
- The Police Chief or Police Officer designated by the Police Chief of the municipality in which the pawnbroker's pawnshop is located.
- Stolen, embezzled, converted or otherwise wrongfully appropriated or pledged against the will of the rightful owner or party holding a perfected security interest.
- 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.
- A person who pledges property to the pawnbroker.
- A person who sells property to a pawnbroker.
[R.O. 2007 §607.020; Ord. No. 3878 §2, 5-19-1999]
Every pawnbroker shall keep a register of all loans and purchases of all articles effected or made by him. This register shall show the date of loans or purchases, and the names of all persons who have left any property on deposit as a collateral security or as a delivery on sale thereof. Opposite such name and date shall be written the person's date of birth, driver's license number, social security number, or other identification record capable of identifying the person. A full description of all such property purchased or received on deposit as collateral security, the manufacturer's identifying insignia or serial number (if applicable), the time when the loan falls due, the amount of purchase money or the amount loaned, the interest charged and the picture number. The pawnbroker shall give the party negotiating or selling the property a plain written or printed ticket for the loan, and a plain written or printed receipt of the articles purchased, having on each a copy of the entries required by this Section to be kept in his/her register. For the ticket or receipt, he/she shall not be entitled to make any charge. A third (3rd) copy of such register shall be made available, on a weekly basis, to the Detective Bureau Commander of the City of O'Fallon Police Department.
[R.O. 2007 §607.030; Ord. No. 3878 §3, 5-19-1999]
No pawnbroker shall accept any article or property as collateral security, or purchase any article or property, unless he/she shall make a photograph of the person from whom such article or property is being received, along with the receipt or pawn ticket given to such person; nor shall any pawnbroker refuse to deliver such photograph to any Law Enforcement Officer upon request. Every pawnbroker shall display a notice to his/her customers in a prominent place to the effect that he/she is required, by City ordinance, to photograph every person pawning or selling an item to him.
[R.O. 2007 §607.040; Ord. No. 3878 §4, 5-19-1999]
It shall be the duty of every pawnbroker to report to the Police any article pledged with him, or which is sought to be pledged with him, if he/she shall have reason to believe that the article was stolen.
[R.O. 2007 §607.050; Ord. No. 3878 §5, 5-19-1999]
Upon request of a Law Enforcement Officer to inspect property that is described in information furnished by the pawnbroker, the Law Enforcement Officer shall be entitled to inspect the property described, without prior notice or the necessity of obtaining a search warrant, during regular business hours in a manner so as to minimize interference with or delay to the pawnbroker's business operation. When a Law Enforcement Officer has probable cause to believe that goods or property in the possession of a pawnbroker are misappropriated, the officer may place a hold order on the property. The hold order shall contain the following:
The name of the pawnbroker;
The name and mailing address of the pawnshop where the property is held;
The name, title and identification number of the Law Enforcement Officer placing the hold order;
The name and address of the agency to which the Law Enforcement Officer is attached and the claim or case number, if any, assigned by the agency to the claim regarding the property;
A complete description of the property to be held including model and serial numbers; and
The expiration date of the holding period.
Upon receiving the hold order and subject to the provisions of Section 367.047, RSMo., the pawnbroker shall retain physical possession of the property subject to the order in a secured area. The initial holding period of the hold order shall not exceed two (2) months, except that the hold order may be extended for up to two (2) successive one (1) month holding periods upon written notification prior to the expiration of the immediately preceding holding period. A hold order may be released prior to the expiration of any holding period or extension thereof by written release from the agency placing the initial hold order. The initial hold order shall be deemed expired upon the expiration date if the holding period is not extended pursuant to this Subsection.
Upon the expiration of the initial holding period or any extension thereof, the pawnbroker shall deliver written notice to the Law Enforcement Officer issuing the hold order that such order has expired and that title to the property subject to the hold order will vest in the pawnbroker in ten (10) business days. Ownership shall only vest in the pawnbroker upon the expiration of the ten (10) day waiting period subject to any restriction contained in the pawn contract and subject to the provisions of Sections 367.044 to 367.053, RSMo. Vesting of title and ownership shall be subject to any claim asserted by a claimant pursuant to Section 367.044, RSMo.
Gross negligence or willful non-compliance with the provisions of this Section by a pawnbroker shall be cause for the licensing authority to suspend or revoke the pawnbroker's license. Any imposed suspensions or revocation provided for by this Subsection may be appealed by the pawnbroker to the licensing authority or to a court of competent jurisdiction.
All records and information that relate to a pawnbroker's pawn, purchase or trade transactions and that are delivered to or otherwise obtained by an appropriate Law Enforcement Officer pursuant to this Chapter are confidential and may be used only by such appropriate Law Enforcement Officer and only for the following official law enforcement purposes:
The investigation of a crime specifically involving the item of property delivered to the pawnbroker in a pawn, purchase or trade transaction;
The investigation of a pawnbroker's possible specific violation of the record-keeping or reporting requirements, but only when the appropriate Law Enforcement Officer, based on a review of the records and the information received, has probable cause to believe that such a violation occurred; and
The notification of property crime victims of where property that has been reported misappropriated can be located.
[R.O. 2007 §607.060; Ord. No. 3878 §6, 5-19-1999]
Upon written notice from a Law Enforcement Officer indicating that property in the possession of a pawnbroker and subject to a hold order is needed for the purpose of furthering a criminal investigation and prosecution, the pawnbroker shall release the property subject to the hold order to the custody of the Law Enforcement Officer for such purpose, and the officer shall provide a written acknowledgment that the property has been released to the officer. The release of the property to the custody of the Law Enforcement Officer shall not be considered a waiver or release of the pawnbroker's property rights or interest in the property. Upon completion of the criminal investigation, the property shall be returned to the pawnbroker who consented to its release; except that if the Law Enforcement Officer has not completed the criminal investigation within one hundred twenty (120) days after its release, the officer shall immediately return the property to the pawnbroker or obtain and furnish to the pawnbroker a warrant for the continued custody of the property.
[R.O. 2007 §607.070; Ord. No. 3878 §7, 5-19-1999]
The Prosecuting Attorney shall notify the pawnbroker in writing in cases where criminal charges have been filed and the property may be needed as evidence. The notice shall contain the case number, the style of the case and a description of the property.
The pawnbroker shall hold such property until receiving notice of the disposition of the case from the Prosecuting Attorney. The Prosecuting Attorney shall notify the pawnbroker and claimant in writing within fifteen (15) days of the disposition of the case.
[R.O. 2007 §607.080; Ord. No. 3878 §8, 5-19-1999]
No pawnbroker shall have any business dealings as a pawnbroker with any unemancipated minor under the age of eighteen (18) years. No pawnbroker's license shall be issued to any person who is not eighteen (18) years of age or over. No person under eighteen (18) years of age shall be an agent for any pawnbroker.
[R.O. 2007 §607.090; Ord. No. 3878 §9, 5-19-1999]
No person or corporation shall conduct or operate a business of pawnbroker in violation of any provisions of this Chapter.
[R.O. 2007 §607.100; Ord. No. 3878 §10, 5-19-1999]
No person or corporation shall conduct or operate the business of pawnbroker without having first obtained a license as provided in this Chapter.
No person shall operate a pawnshop unless such person obtains a municipal pawnshop license issued pursuant to this Section. The City of O'Fallon may issue a pawnshop license to any person who meets the qualifications of this Section. To be eligible for a pawnshop license, an applicant shall:
If the City of O'Fallon is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop, the City of O'Fallon 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 Section.
An application for a new pawnshop license, 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 required by the City of O'Fallon. If the applicant is a partnership, the application shall state the full name and address of each member. If the applicant is a corporation, the application shall state the full name and address of each officer, shareholder and director. The application shall be accompanied by:
An investigation fee of five hundred dollars ($500.00) if the applicant is unlicensed at the time of applying for the pawnshop license 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;
Proof of general liability; and
An annual fee of five hundred dollars ($500.00).
Each applicant for a pawnshop license at the time of filing application shall file with the City of O'Fallon a bond satisfactory to the City and in an amount not to exceed 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 City of O'Fallon for the use of the City and of any person or persons who may have a cause of action against the obligor of such bond under the provisions of this Chapter. Such bond shall be conditioned that the obligor will comply with the provisions of this Chapter and will pay to the City of O'Fallon and to any such person or persons any and all amounts of money that may become due or owing to the City or to such person or persons from such obligor under and by virtue of the provisions of this Chapter during the time such bond is in effect.
No person who is lawfully operating a pawnshop prior to the passage of this Chapter shall be required to obtain a license under this Section in order to continue operating such pawnshop, so long as such person does not violate any other provision of this Chapter.
[R.O. 2007 §607.110; Ord. No. 3878 §11, 5-19-1999]
Application for a pawnbroker's license shall be made to the City Clerk and shall state thereon the name of the applicant, the place of business and the number of employees intended to be engaged. The Chief of Police or his/her designee shall investigate each applicant for such license and shall report back to the City Council whether or not such applicant is a person of good character. No license shall be issued to a person who has been convicted of a felony or a misdemeanor which directly relates to the duties and responsibilities of the occupation of pawnbroker, or otherwise makes the applicant presently unfit for a pawnshop license.
[R.O. 2007 §607.120; Ord. No. 3878 §12, 5-19-1999]
The applicant for a pawnbroker's license shall have agreed not to accept as collateral security or to purchase any camera, radio, television, stereo equipment, lawn mower, typewriter, computer equipment, cellular telephone, electronic paging device, calculating machine, copying machine, duplicating machine, power tool, cash register, still or moving picture projector, video camera or firearm, unless such item shall have plainly visible thereon the manufacturer's serial number.
[R.O. 2007 §607.130; Ord. No. 3878 §13, 5-19-1999]
No pawnbroker shall be allowed to have more than one (1) place for transacting the business of a pawnbroker without having first obtained a license for such place of business.
No person shall act as agent for a pawnbroker at any other place than the place of business stated in the application for a license.
[R.O. 2007 §607.140; Ord. No. 3878 §14, 5-19-1999]
In the event a licensee under this Chapter shall change any of the addresses stated in the application during the term for which the license is issued, such licensee shall notify the license collector of such change not later than five (5) business days after such change.
[R.O. 2007 §607.150; Ord. No. 3878 §15, 5-19-1999]
Any person violating any provision of this Chapter may, upon conviction, have his or her license revoked and be subject to a fine of up to five hundred dollars ($500.00), as well as imprisonment of up to three (3) months, or both such fine and imprisonment.