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 Webb City Police Department.
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.
No person shall operate a pawnshop in the City of Webb City
unless such person obtains a pawnshop license issued by the City Collector
of the City of Webb City, 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.
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.
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 City Collector and
shall contain information sufficient to inform the City Collector
regarding the qualifications of the applicant for a license or renewal
license.
The City Collector 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.
Subsequent to the first (1st) year for which a license is issued
to a pawnbroker, each pawnbroker shall make a renewal application
to the City Collector. 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 City Collector may require.
The forms shall contain such information as will assist the City Collector
in determining whether conditions have changed and whether a renewal
license should be issued for the subsequent licensing year. The City
Collector 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).
No licensed pawnbroker or any other person acting for a pawnbroker
or his/her agent, employee or solicitor for any pawnbroker under the
provisions herein shall receive as security, pledge or pawn or purchase,
sell or loan any kind of firearm, revolver, pistol, rifle, bowie knife,
a spring back knife, razor, metal knucks, a billy, a sword cane, a
dirk, a dagger or other similar weapon.
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.
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.
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.
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.
The City Collector may issue such rules and regulations as he/she
deems necessary to implement this Article and the policies contained
herein.
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 three (3) months, or by both such fine and
imprisonment.