[Ord. No. 5828 §IV, 11-1-2010]
For the purpose of this Chapter, the following terms, phrases
and words shall have the meanings given herein and shall apply in
the interpretation and enforcement of this Chapter unless otherwise
specifically stated:
The Director of the City of Sikeston Department of Public
Safety.
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.
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.
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 premises in which a pawnbroker regularly
conducts business.
An individual, partnership, corporation, joint venture, trust,
association or any other legal entity however organized.
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.
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.
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.
[Ord. No. 5828 §IV, 11-1-2010]
No person shall operate a pawnshop in the City of Sikeston unless
such person obtains a pawnshop license issued by the City Clerk or
his/her designee of the City of Sikeston, 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.
[Ord. No. 5828 §IV, 11-1-2010]
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).
[Ord. No. 5828 §IV, 11-1-2010]
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.
[Ord. No. 5828 §IV, 11-1-2010]
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.
[Ord. No. 5828 §IV, 11-1-2010]
The Director shall investigate the facts contained in an application
for a new pawnshop license and shall request assistance of any other
person having knowledge of the facts contained in the application
or who is authorized to investigate those facts.
[Ord. No. 5828 §IV, 11-1-2010]
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 City Clerk or his/her designee 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 Chapter. Such bond shall be
conditioned that the obligor will comply with the provisions of this
Chapter 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.
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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 Chapter.
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[Ord. No. 5828 §IV, 11-1-2010; Ord.
No. 5981 §§I — II, 3-19-2015; Ord. No. 6108, 7-30-2018]
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 or school, or within one hundred fifty (150) feet
of 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.
C.
Licensed pawnshop(s) in operation within the City limits of the City of Sikeston on or before December 1, 2010, shall be exempted from Section 620.080(A) and (B).
[Ord. No. 5828 §IV, 11-1-2010]
A.
The
renewal application shall be filed with the Director or his/her designee
by June first (1st) of each 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 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.
B.
The
Director or his/her designee shall have the power and duty to determine
whether each application for such license shall be approved or disapproved.
Upon disapproval of any application for a license, the Director or
his/her designee shall so notify the applicant in writing, setting
forth therein the grounds and reasons for disapproval. Upon approval
of any application for a license, the Director or his/her designee
shall cause the City Collector to issue to the applicant the appropriate
license upon the applicant's remittance of payment to the City Collector.
The City Collector shall immediately issue a license upon payment,
a copy of the license shall be filed with the City Clerk or his/her
designee.
C.
The
annual fee for the issuance of a renewal license is five hundred dollars
($500.00). Renewal becomes effective July first (1st) of each year.
[Ord. No. 5828 §IV, 11-1-2010]
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 Chapter 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 Chapter
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 Chapter 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 Sikeston, 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 Sikeston, 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 Scott or New Madrid County.
[Ord. No. 5828 §IV, 11-1-2010]
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.
The pawnbroker shall be required, in accordance with local ordinances, to furnish appropriate law enforcement authorities with copies of information contained in Subdivisions (1) to (4) of Subsection (A) of this Section and information contained in Subdivision (6) of Subsection (4) of Section 367.040, RSMo. The pawnbroker may satisfy such requirements by transmitting such information electronically to a database in accordance with this Section, except that paper copies shall be made available for an on-site inspection upon request of any appropriate law enforcement authority.
C.
DATABASE
PERMITTED USER
REPORTABLE DATA
REPORTING PAWNBROKER
SEARCH
As
used in this Section, the following terms mean:
A computer database established and maintained by a third
(3rd) party engaged in the business of establishing and maintaining
one (1) or more databases.
Persons authorized by law enforcement personnel to access
the database.
The information required to be recorded by pawnbrokers for pawn transactions pursuant to Subdivisions (1) to (4) of Subsection (A) of this Section and the information required to be recorded by pawnbrokers for purchase transactions pursuant to Subdivision (6) of Subsection (4) of Section 367.040, RSMo.
A pawnbroker who chooses to transmit reportable data electronically
to the database.
The accessing of a single database record.
D.
The database shall provide appropriate law enforcement officials with the information contained in Subdivisions (1) to (4) of Subsection (A) of this Section and other useful information to facilitate the investigation of alleged property crimes while protecting the privacy rights of pawnbrokers and pawnshop customers with regard to their transactions.
E.
The
database shall contain the pawn and purchase transaction information
recorded by reporting pawnbrokers pursuant to this Section and Section
367.040, RSMo., and shall be updated as requested. The database shall
also contain such security features and protections as may be necessary
to ensure that the reportable data maintained in the database can
only be accessed by permitted users in accordance with the provisions
of this Section.
F.
The
third (3rd) party's charge for the database shall be based on the
number of permitted users. Law enforcement agencies shall be charged
directly for access to the database, and the charge shall be reasonable
in relation to the costs of the third (3rd) party in establishing
and maintaining the database. No reporting pawnbroker or customer
of a reporting pawnbroker shall be charged any costs for the creation
or utilization of the database.
G.
The
information in the database shall only be accessible through the Internet
to permitted users who have provided a secure identification or access
code to the database but shall allow such permitted users to access
database information from any jurisdiction transmitting such information
to that database. Such permitted users shall provide the database
with an identifier number of a criminal action for which the identity
of the pawn or purchase transaction customer is needed and a representation
that the information is connected to an inquiry or to the investigation
of a complaint or alleged crime involving goods delivered by that
customer in that transaction. The database shall record, for each
search, the identity of the permitted user, the pawn or purchase transaction
involved in the search, and the identity of any customer accessed
through the search. Each search record shall be made available to
other permitted users regardless of their jurisdiction. The database
shall enable reporting pawnbrokers to transmit to the database through
the Internet reportable data for each pawn and purchase transaction.
H.
Any
pawnbroker licensed pursuant to Section 367.043, RSMo., shall meet
the following requirements:
1.
Provide all reportable data to appropriate users by transmitting
it through the Internet to the database;
2.
Transmit all reportable data for one (1) business day to the database
prior to the end of the following business day;
3.
Make available for on-site inspection to any appropriate law enforcement
official, upon request, paper copies of any pawn or purchase transaction
documents.
I.
If
a reporting pawnbroker or permitted user discovers any error in the
reportable data, notice of such error shall be given to the database,
which shall have a period of thirty (30) days in which to correct
the error. Any reporting pawnbroker experiencing a computer malfunction
preventing the transmission of reportable data or receipt of search
requests shall be allowed a period of at least thirty (30) but no
more than sixty (60) days to repair such malfunction, and during such
period such pawnbroker shall not be deemed to be in violation of this
Section if good faith efforts are made to correct the malfunction.
During the periods specified in this Subsection, the reporting pawnbroker
and permitted user shall arrange an alternative method or methods
by which the reportable data shall be made available.
J.
No
reporting pawnbroker shall be obligated to incur any cost, other than
Internet service costs, in preparing, converting or delivering its
reportable data to the database.
K.
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.
[Ord. No. 5828 §IV, 11-1-2010]
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 Chapter 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.
[Ord. No. 5828 §IV, 11-1-2010]
A.
CLAIMANT
CONVEYING CUSTOMER
HOLD ORDER
LAW ENFORCEMENT OFFICER
MISAPPROPRIATED
PLEDGOR
PURCHASER
SELLER
Definitions. As used in this Chapter, the following terms
shall have these prescribed meanings:
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.
A person who delivers property into the possession of a pawnbroker,
either through a pawn transaction, a sale or trade, which property
is later claimed to be misappropriated.
A written legal instrument issued to a pawnbroker by a Law
Enforcement Officer commissioned by the Law Enforcement Agency of
the Municipality or County 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.
The Sikeston Director of Public Safety or Public Safety Officer
designated by the Director of Public Safety.
Stolen, embezzled, converted, or otherwise wrongfully appropriated
or pledged against the will of the rightful owner or party holding
a perfected security interest.
A person who pledges property to the pawnbroker.
A person who purchases property from a pawnbroker.
A person who sells property to a pawnbroker.
B.
A pawnbroker
shall have no recourse against the pledgor for payment on a pawn transaction
except the pledged goods themselves, unless the goods are found to
have been misappropriated.
C.
A pawnbroker
shall require of every person from whom the pawnbroker receives sold
or pledged property proof of identification which includes a current
address and, if applicable, telephone number, and a current picture
identification issued by State or Federal Government.
D.
If
any seller fails to provide a pawnbroker with proof of identification,
the pawnbroker shall hold such property for a period of thirty (30)
days prior to selling or otherwise transferring such property, provided
the seller has submitted a signed statement that the seller is the
legal owner of the property and stating when or from whom such property
was acquired by the seller.
E.
To
obtain possession of tangible personal property held by a pawnbroker
which a claimant claims to be misappropriated, the claimant shall
provide the pawnbroker with a written demand for the return of such
property, a copy of a Police or Sheriff's report wherein claimant
reported the misappropriation or theft of said property and which
contains a particularized description of the property or applicable
serial number, and a signed affidavit made under oath setting forth
they are the true owner of the property, the name and address of the
claimant, a description of the property being claimed, the fact that
such property was taken from the claimant without the claimant's consent,
permission or knowledge, the fact that the claimant has reported the
theft to the Police, the fact that the claimant will assist in any
prosecution relating to such property, the promise that the claimant
will respond to court process in any criminal prosecution relating
to said property and will testify truthfully as to all facts within
the claimant's knowledge and not claim any testimonial privilege with
respect to said facts. These documents shall be presented to the pawnbroker
concurrently.
F.
Upon being served with a proper demand by a claimant for the return of property pursuant to Subsection (E) of this Section, the pawnbroker shall return the property to the claimant, in the presence of a Law Enforcement Officer, within seven (7) days unless the pawnbroker has good reason to believe that any of the matters set forth in the claimant's affidavit are false or if there is a hold order on the property pursuant to Section 367.055, RSMo. If a pawnbroker refuses to deliver property to a claimant upon a proper demand as described in Subsection (E) of this Section, the claimant may file a petition in a court of competent jurisdiction seeking the return of said property. The non-prevailing party shall be responsible for the costs of said action and the attorney fees of the prevailing party. The provisions of Section 482.305, RSMo., to the contrary notwithstanding, a court of competent jurisdiction shall include a small claims court, even if the value of the property named in the petition is greater than three thousand dollars ($3,000.00).
G.
If a pawnbroker returns property to a claimant relying on the veracity of the affidavit described in Subsection (E) of this Section, and later learns that the information contained in said affidavit is false or that the claimant has failed to assist in prosecution or otherwise testify truthfully with respect to the facts within the claimant's knowledge, the pawnbroker shall have a cause of action against the claimant for the value of the property. The non-prevailing party shall be responsible for the cost of said action and the attorney fees of the prevailing party.
H.
Nothing
contained in this Section shall limit a pawnbroker from bringing the
conveying customer into a suit as a third (3rd) party, nor limit a
pawnbroker from recovering from a conveying customer repayment of
the full amount received from the pawnbroker from the pawn or sales
transaction, including all applicable fees and interest charged, attorney's
fees and the cost of the action.
[Ord. No. 5828 §IV, 11-1-2010]
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.
[Ord. No. 5828 §IV, 11-1-2010]
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.
[Ord. No. 5828 §IV, 11-1-2010]
Every pawnbroker shall give the Director 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 Director.
[Ord. No. 5828 §IV, 11-1-2010]
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.
[Ord. No. 5828 §IV, 11-1-2010]
The Director may issue such rules and regulations as he/she
deems necessary to implement this Chapter and the policies contained
herein.
[Ord. No. 5828 §IV, 11-1-2010]
Any person who violates any provision of this Chapter is guilty
of a violation of this Chapter and may be punished by a fine not to
exceed five hundred dollars ($500.00) or by imprisonment for not more
than ninety (90) days, or by both such fine and imprisonment.
