[Ord. No. 3248 §24-91, 12-5-2011]
As used in this Chapter, the following terms shall have these
prescribed meanings:
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.
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.
[Ord. No. 3248 §24-92, 12-5-2011]
It shall be prima facie evidence that a business is a pawnshop
or the proprietor is operating as a pawnbroker if the word "pawn"
or a derivative thereof appears in signage on the building or premises
in question.
[Ord. No. 3248 §24-93, 12-5-2011]
A. Receipt
for pledged property in accord with Section 367.031, RSMo., 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 receipts utilized by the lender shall
be numbered sequentially with preprinted numbers and shall contain,
at least, the following information.
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, 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.
[Ord. No. 3248 §24-94, 12-5-2011]
A pawnbroker shall not purchase or take in trade used or secondhand
personal property unless a record is established that contains the
information set forth in Section 367.031, RSMo., and a signed document
from the seller providing that the seller has the right to sell the
property.
[Ord. No. 3248 §24-95, 12-5-2011]
Pursuant to Section 367.031.2 RSMo., every pawnbroker and/or
pawnshop operating within the City of Salem, Missouri shall turn over
to the Salem Police Department copies of the receipts and information
set forth in Section 367.031, RSMo., on a regular basis but not less
often than two (2) times per month. Upon prior written approval from
the Salem Police Department this information may be conveyed to the
Salem Police Department in an electronic format acceptable to the
Department. By authority of Section 367.031.4, RSMo., and Section
610.021(14), RSMo., the information herein required to be disclosed
to the Salem Police Department shall not be open to the public except
by court order.
[Ord. No. 3248 §24-96, 12-5-2011]
A. Pursuant
to Section 367.047.1, RSMo. , upon written notice from a Law Enforcement
Officer indicating that property in the possession of a pawnbroker
and subject to a hold order is needed for the purpose of furthering
a criminal investigation or prosecution, the pawnbroker shall release
the property subject to the hold to the custody of the Law Enforcement
Officer for such purpose and the officer shall provide a written acknowledgment
that the property has been released to the officer. The release of
the property to the custody of the Law Enforcement Officer shall not
be considered a waiver or release of the pawnbroker's property rights
or interest in the property. Upon investigation of the criminal investigation,
the property shall be returned to the pawnbroker who consented to
its release; except that if the Law Enforcement Officer has not completed
the criminal investigation within one hundred twenty (120) days after
its release, the officer shall immediately return the property to
the pawnbroker or obtain and furnish to the pawnbroker a warrant for
the continued custody of the property.
B. Except as provided in Subsection
(A) of this Section, the pawnbroker shall not release or dispose of the property except pursuant to a court order of the expiration of the holding period of the hold order, including all extensions.
[Ord. No. 3248 §24-97, 12-5-2011]
Any violation of this Chapter shall be punishable by fine, not
to exceed five hundred dollars ($500.00). Each separate item of property
pledged or taken in pledge in violation of this Chapter shall be deemed
a separate violation. A license to do business in the City of Salem,
Missouri, for any person convicted of a violation of this Chapter
shall immediately be revoked and no new license issued to that person,
nor for the premises at which the violation occurred, unless and until
the penalty for said violation, together with any applicable court
costs, shall have been paid in full.