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repealed ch. 640 "Taxis" in its entirety.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:
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 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.
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.
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 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 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.
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.
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.
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. 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:
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.
