[Ord. No. 3630, 2-21-2023]
This Chapter shall be known as the "Pawnshop and Small Loan
Establishment Regulations" and may be cited as such.
[Ord. No. 3630, 2-21-2023]
A. The intent of this Chapter is to regulate pawnshops and small loan
establishments and their business practices in order to protect and
promote public safety and welfare. This will be accomplished by:
1.
Requiring a clean, healthy and safe environment in which business
may be conducted.
2.
Promoting professionalism and prohibiting illegal acts.
3.
Requiring insurance coverage.
4.
Enabling authorities to collect information that will assist
Law Enforcement officials with investigations.
5.
Providing an annual license fee to partially cover the expenses
associated with the background investigation and review and processing
of reports.
6.
Providing geographic limitations designed to preserve the value
of the property throughout the City.
7.
Providing geographic limitations designed to protect the character
of residential and commercial areas.
[Ord. No. 3630, 2-21-2023]
A. Every pawnshop and small loan establishment shall conform to the
requirements of this Chapter, irrespective of when such pawnshop or
small loan establishment started business within the City limits unless
otherwise allowed for in these regulations.
B. Any pawnshop or small loan establishment existing prior to the adoption of this Chapter shall be considered non-conforming and shall be exempt from Section
405.525(C)(11)(e) (signage) and Section
405.525(C)(11)(a) and (b)(geographic limitations) of this Chapter so long as the pawnshop or small loan establishment or accompanying signage is not expanded or discontinued for more than ninety (90) days.
[Ord. No. 3677, 12-4-2023]
[Ord. No. 3630, 2-21-2023]
In any case where a provision of this Chapter is found to be
in conflict with a provision of any other ordinance or other legislation
of the City existing on the effective date of this Chapter, the provision
which establishes the higher standard for the promotion and protection
of the safety, welfare and health of the people shall prevail. If
any part of this Chapter should be declared invalid for any reason,
such decisions shall not affect the remaining portions of this Chapter.
[Ord. No. 3630, 2-21-2023]
For the purpose of this Chapter, the following words and phrases
shall have the following interpretation and/or meanings:
ANTIQUE DEALER
Those who sell relics or objects of an earlier period which
are considered valuable and the value of which is based at least in
part on age.
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 the 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 conducts
business.
PERSON
Any individual, partnership, corporation, joint venture,
trust, association or any other legal entity however organized.
PLEDGED GOODS
Tangible personal property which is deposited or otherwise
actually delivered into 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 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 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. 3630, 2-21-2023]
A. It shall be unlawful for any person within the City limits to act
as agent for, cause the solicitation of, advertise or promote or participate
directly or indirectly in the operation of a pawnshop or small loan
establishment without first obtaining a business license issued by
the City. No such license shall be issued unless the pawnshop, small
loan establishment or any person engaged in the activity of such establishment
fully complies with the provisions of this Chapter, regardless of
the location of such establishment or place where such activity is
conducted.
B. It shall be further unlawful for any person within the City limits
to participate directly or indirectly in or for the operation of business
activity under a different name or designation than those herein specified
for the purpose of carrying out activity or activities defined in
this Chapter.
[Ord. No. 3630, 2-21-2023]
A. No person shall establish a pawnshop or small loan establishment
within the City limits of Harrisonville, Missouri, without obtaining
a pawnshop/small loan establishment license. The annual pawnshop or
small loan establishment license fee shall be as established in the
City's Comprehensive Schedule of Fees.
[Ord. No. 3650, 5-1-2023]
B. The applicant must have net assets of at least fifty thousand dollars
($50,000.00) readily available for the use in conducting business
as a pawnshop or small loan establishment. If the City is unable to
verify that the applicant meets the net assets required, the applicant
must present 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 the applicant
meets the net assets requirement of this Chapter.
C. No pawnshop or small loan establishment business owner may have a
felony or misdemeanor conviction which directly relates to the duties
and responsibilities of the occupation of pawnbrokers or otherwise
makes the applicant presently unfit to own a pawnshop or small loan
establishment. A Missouri State Highway Patrol request for criminal
record check form shall be filled out by the applicant in its entirety
and submitted to the City with the application material.
D. No employee of a pawnshop or small loan establishment may have a
felony or misdemeanor conviction which directly relates to the duties
and responsibilities of the occupation or otherwise makes the applicant
presently unfit to run or be employed in a pawnshop or small loan
establishment. A Missouri State Highway Patrol request for criminal
record check form shall be filled out by the applicant in its entirety
and submitted to the City prior to employment.
E. Every pawnshop or small loan establishment owner to whom a license
is granted to carry out a pawnshop or small loan business in Harrisonville
shall enter into a bond to the City, with good and sufficient security
to be approved by the City Administrator, in the sum of five thousand
dollars ($5,000.00) conditioned for the due observance of this Chapter
and all ordinances that shall be passed or be enforced regarding pawnshop
or small loan establishment owners at any time during the continuance
of any such license.
[Ord. No. 3630, 2-21-2023]
A. No pawnshop or small loan establishment shall expose for sale or
sell or dispose of any article or articles within seven (7) days of
the time of purchasing, except when redeemed by the owner.
B. No gold, silver, diamonds or other precious or semi-precious gems
or metals received shall be removed from the place of business, recut
or melted within seven (7) days after receipt thereof, except when
redeemed by the owner.
C. In case the person obtaining the loan fails to pay the interest or
principal when due, the pawnshop or small loan establishment shall
not sell the article pawned with him/her as security for such loan
until the expiration of sixty (60) days from the date of such failure.
The person failing may at any time within the sixty (60) days redeem
the article if he/she pays the full amount of the principal and interest
due at the date of such redemption according to the terms of the contract.
If the person obtaining the loan fails to redeem the article within
sixty (60) days, that person shall thereby forfeit all right, title
and interest in such article to such pawnbroker who then acquires
and possess an absolute right in and to then hold and dispose of as
his/her own property.
[Ord. No. 3630, 2-21-2023]
A. Each pawnshop or small loan establishment shall keep consistent and
adequate books and records of purchases relating to the licensee's
transactions. Said books and records shall be preserved for a period
of at least seven (7) years from the date of last transaction recorded
therein. The records must contain, but are not limited to, the following
information:
1.
Time, date and place of purchase of each item.
2.
Name of individual acting on behalf of dealer in making purchase.
3.
Name, age and address of seller.
4.
Confirmation of seller's identification through a driver's license,
State identification card or other adequate picture ID. The dealer
shall include in the record any identification numbers that may be
displayed on the merchandise identification. Any purchase without
such proof is prohibited.
5.
A description of item being sold with any identification numbers
or markings.
6.
A clear and identifiable fingerprint of the right thumb of the
seller if said merchandise is valued over seven hundred fifty dollars
($750.00).
7.
A clear and identifiable photograph accompanied by a detailed
written description of each item if said merchandise is valued over
seven hundred fifty dollars ($750.00).
[Ord. No. 3630, 2-21-2023]
It shall be the duty of every pawnshop and small loan establishment
to make out and deliver to the Harrisonville Police Department, on
the first Tuesday of every week, a legible and accurate copy of their
register of all property received, deposited or purchased during the
previous week. Furthermore, the register shall at all times be open
to the inspection of commissioned Police Officers.
[Ord. No. 3630, 2-21-2023]
Every pawnshop or small loan establishment shall give to each
person who pledges property to secure a loan or who leaves property
for any reason a plainly written receipt or ticket having upon it
a full copy of all the entries required by this Chapter to be kept
in the businesses register and no charge should be made for such receipt.
[Ord. No. 3630, 2-21-2023]
No pawnshop or small loan establishment shall take, buy or receive
any personal property from any person under the age of eighteen (18)
years without the written consent of such individual's parents or
legal guardians. Said written consent shall be kept on file with the
books and records.
[Ord. No. 3630, 2-21-2023]
Business shall only be conducted between the hours of 7:00 A.M.
and 9:00 P.M.
[Ord. No. 3630, 2-21-2023]
A. The provisions of this Chapter shall not apply to the following:
1.
Transactions between one (1) licensed, established dealer in
the normal course of business and another licensed, established dealer.
2.
Any precious metal or gem dealer, at least ninety percent (90%)
of whose gross income is derived from the sale of newly manufactured
merchandise and who certifies this to the Director of the Department
of Finance upon the enactment of this Chapter and thereafter whenever
a retail business license shall be obtained or renewed.
3.
Estates purchased through banks, attorneys or at an auction
or estate sale.
4.
Out-of-state purchases transacted through the United States
mail.
5.
Industrial residue or by-products purchased from manufacturing
firms.
6.
Coins which are not currently in circulation, purchased for
their numismatic value.
7.
Monetized bullion including Krugerrands, Canadian Maple Leaf,
Mexican five hundred (500) Pesos and United States silver and gold
coins.
[Ord. No. 3630, 2-21-2023]
A. Any person who violates the provisions of this Chapter shall be guilty
of a municipal offense and, upon convictions, shall be punished by
a fine as established in the City's Comprehensive Schedule of Fees or by imprisonment for not more than ninety (90) days
or shall be both so fined and imprisoned. In addition, any violation
of this Chapter shall be grounds for the Board of Aldermen to revoke
any or all licenses or permits issued by the City.
[Ord. No. 3650, 5-1-2023]
B. Each violation of this Chapter shall be considered a separate offense
and any violation continuing more than one (1) day shall be considered
a separate offense for each day of violation.
C. The conduct of any business within the City in violation of any of
the terms of this Chapter is hereby found and declared to be a public
nuisance and the City Attorney may, in addition to or in lieu of prosecuting
a criminal action hereunder, commence an action or proceeding for
the abatement, removal and enjoinment thereof in the manner provided
by law and shall take other steps and shall apply to such courts as
may have jurisdiction to grant such relief as will abate or remove
such pawnshop or small loan establishment and restrain and enjoin
any person from conducting, operating or maintaining a pawnshop or
small loan establishment contrary to the provisions of this Chapter.
[Ord. No. 3630, 2-21-2023]
If any pawnshop, small loan establishment or employee of such
business violates any of the provisions of this Chapter or Chapter
367, RSMo., and is finally convicted in any court of the City or State,
he/she may have their pawnshop/small loan establishment license suspended
or revoked by the Board of Aldermen after a hearing. Fourteen (14)
days' written notice of the hearing stating the grounds thereof shall
be delivered at their place of business or by leaving or posting said
notice at said address. The pawnshop or small loan establishment shall
have the right at the hearing to be represented by an attorney, to
cross-examine witnesses, to present evidence and to testify on their
own behalf. The hearing shall be held in public at a regular or special
meeting of the Board of Aldermen. If suspension or revocation of the
license occurs, no license fee shall be refunded.