City of Parkville, MO
Platte County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 1901, adopted September 5, 2000, repealed ch. 640 "Taxis" in its entirety. Former ch. 640 derived from ord. no. 1296 §1, 5-5-1992 and ord. no. 1456 §1, 9-6-1994. Subsequently, the City has enacted the material set out herein by ord. no. 2092 §2, adopted 10-7-2003.
[Ord. No. 2092 §2, 10-7-2003]
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:
ARTICLE
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.
MANAGER
Any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of a pawnshop.
MONTH
That period of time from one 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. When computations are made for a fraction of a month, a day shall be one-thirtieth (1/30th) of a month.
NET ASSETS
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 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.
OWNER OR OWNERS
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.
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 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
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 a pawnbroker's 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 a 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 a pawnbroker license, where such municipal ordinance violation involved the operation of a pawnshop, theft, stealing, robbery, burglary or receipt of stolen property.
PLEDGED GOODS
Tangible personal property other than debts or causes of action in tort, 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.
PLEDGOR
A person who deposits or otherwise delivers tangible personal property other than debts or causes of action in tort, securities or printed evidences of indebtedness to a pawnbroker and receives a secured personal credit loan therefor.
SECURED PERSONAL CREDIT LOAN
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.
VALUE
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. 2092 §2, 10-7-2003]
A. 
It shall be the duty of every person licensed as a pawnbroker under the provisions of this Chapter to make out and deliver to the Chief of Police each day, on a form provided by or approved by the Chief of Police, before the hour of 12:00 Noon, a report as to all personal property or other valuable things received, deposited or purchased during the preceding day, together with the time when received or purchased and a description of the person by whom left in pledge or from whom such property or things were purchased; provided that no person shall be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business or of any goods purchased on 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 any member of the Police Department when demanded.
B. 
In lieu of a printed report, the pawnbroker may substitute an electronic method of reporting, subject to agreement with the Chief of Police of Parkville.
[Ord. No. 2092 §2, 10-7-2003]
Reports received by the Chief of Police shall be maintained by the Police Department for a minimum of one (1) year and shall be and remain a public record.
[Ord. No. 2092 §2, 10-7-2003]
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 Section, as authorized by the Revised Statutes of Missouri. To be eligible for a pawnshop license, an applicant shall:
1. 
Be a person of good moral character;
2. 
Have net assets of at least fifty thousand dollars ($50,000.00) readily available for use in conducting business for each licensed pawnshop; and
3. 
Show that the pawnshop will be operated lawfully and fairly under State law and City ordinance.
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 business at a place other than that specified in the license.
C. 
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 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 physical 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 Parkville 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 bound by such bond under the provisions of Sections 367.011 to 367.060, RSMo. Such bond shall be conditioned that the person bound by the bond will comply with the provisions of Sections 367.011 to 367.060, RSMo., and of all rules and regulations lawfully made by the City of Parkville 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 person bound by the bond under and by virtue of the provisions of Sections 367.011 to 367.060, RSMo., during the time such bond is in effect.
F. 
If the City of Parkville is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop, the City of Parkville 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.
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 cause 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 not more than ten (10) days before such cancellation or alteration becomes effective.
H. 
An applicant for a pawnshop license shall agree as part of the application form not to accept as collateral security or to purchase any camera, radio, television set, lawn mower, typewriter, adding machine, calculating machine, copying machine, duplicating machine, tape recorder, tape player, cash register, still or moving picture projector or offset projector, dictating machine, record player, electric buffer, electric polisher or electric floor waxer or any other item commonly known to carry a serial number, unless such item shall have plainly visible thereon the manufacturer's serial number or other identifying insignia.
I. 
A pawnshop license shall run from June first (1st) through May thirty-first (31st). A license issued after August first (1st) may be prorated at a rate of ten percent (10%) per month.
J. 
Investigation Fee. Each application for a license shall be accompanied by an investigation fee of five hundred dollars ($500.00) if the applicant is not licensed at the time of applying for a pawnshop license, or two hundred fifty dollars ($250.00) if the application involves a second or additional license to an applicant previously licensed as a pawnbroker at a separate location within the City, or involves substantially identical principals and owners of a licensed pawnshop at a separate location within the City.
K. 
Annual Fee. Each application for a license or second or additional license or renewal shall be accompanied by the annual fee of five hundred dollars ($500.00).
[Ord. No. 2092 §2, 10-7-2003]
The license provided for in this Chapter shall designate the licensed location and shall be posted conspicuously on the premises.
[Ord. No. 2092 §2, 10-7-2003]
If any pawnbroker or his/her agents, servants or employees shall violate any of the provisions of this Chapter or Chapter 367, RSMo., 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. 2092 §2, 10-7-2003]
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's 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 shall be attested by the City Clerk of the City of Parkville. 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 (physical 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 to 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. 2092 §2, 10-7-2003]
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 comply with the requirements of and meet 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 or the renewal thereof;
2. 
That the applicant is a person of good moral character; and
3. 
That the applicant has not had a license or Manager's Permit issued under the provisions of the Chapter revoked within five (5) years immediately preceding the application.
[Ord. No. 2092 §2, 10-7-2003]
A. 
Every pawnbroker shall keep at his/her place of business a clean and legible register in which he/she shall enter in writing (or in electronic form, with a disc to be picked up every day) 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, together with the date and time 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 identifying physical characteristics, driver's license number, military identification number, home telephone number, cell phone number, identification certificate number or other official number capable of identifying the person and place of residence, including street and number. The amount lent shall also be entered in the register together with the interest charged and the maturity date of the loan. Such entries shall be made immediately upon receipt or purchase of the property. Every entry shall be made in ink or electronically and shall not, in any manner, be erased, obliterated or defaced. The pawnbroker shall get from the seller or person pledging the property a signed document from the seller or person pledging the property providing the seller or person pledging the property has right to sell the property.
B. 
A photo shall be made of every person pawning, selling or trading any item(s), said photo to be in color and of a size at least three (3) inches by four (4) inches. Said photograph shall be maintained and be available for inspection by the Police upon their request. Every pawnbroker shall display in a prominent place a notice to his/her customers that the pawnbroker is required by City ordinance to photograph or videotape every person, pledging, trading or selling an item or items.
C. 
An identifying tag or sticker must be attached to all pledged goods at the time of the transaction and shall remain on said pledged goods until they are redeemed or otherwise disposed of.
D. 
The register and documents provided for in this Section shall at all times be open to inspection by any Police Officer or anyone authorized in writing for that purpose by the Chief of Police. Every pawnbroker shall also, upon request, show and exhibit to any such person or officer for inspection any article purchased, taken or received by him/her.
[Ord. No. 2092 §2, 10-7-2003]
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 original of every receipt. The receipt must be made out in ink or indelible pencil and entries shall not be erased, obliterated or altered in any way so as to cause said entries to become illegible. Receipts shall contain the following:
1. 
The name and address of the pawnshop and a preprinted sequential number;
2. 
The name, address and date of birth of the person who delivers something as security, the person's description and driver's license number, military identification number, Social Security number, identification certificate number or other official number capable of identifying the person who delivers something as security;
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 goods used as security which the person has delivered, including brand name, model and serial numbers, if reasonably available;
6. 
The amount of cash advanced or credit extended to the person who delivers something as security;
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 person who has delivered something as security 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 which has been lost, destroyed or stolen. The affidavit shall be signed by a notary public.
C. 
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. 2092 §2, 10-7-2003]
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. Any charges for storage and security must be posted on the premises and must be provided in writing to the person delivering the item.
[Ord. No. 2092 §2, 10-7-2003]
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 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 title 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. 2092 §2, 10-7-2003]
A. 
A pawnbroker shall not:
1. 
Accept a pledge from a person who is under eighteen (18) years of age;
2. 
Accept items which are missing serial numbers (see Section 640.040(H));
3. 
Make any agreement requiring the personal liability of a pledgor in connection with a pawn transaction;
4. 
Accept a waiver, in writing or otherwise, of any right or protection accorded a pledgor under State law or City ordinance;
5. 
Fail to exercise reasonable care to protect pledged goods from loss or damage:
6. 
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. Each pawnbroker shall employ, if reasonably available, a reputable company for the purpose of fire and theft security.
[Ord. No. 2092 §2, 10-7-2003]
Each pawnbroker shall keep, consistent with accepted accounting practices, adequate books and records relating to the pawnbroker's 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. 2092 §2, 10-7-2003]
Any person who violates any provision or fails any requirement of this Chapter shall be subject to the general penalty provision of Parkville Municipal Code Chapter 605, General Licensing Ordinance.
[1]
Cross Reference — As to the general penalty, see §605.250.