[Ord. No. 1603 §1, 6-20-2006]
For the purpose of this Chapter, the following terms, phrases
and words shall have the following meanings unless otherwise indicated
by context:
The Chief of Police of the City of Rock Hill Police Department
or person acting in that capacity.
The City Administrator of the City of Rock Hill.
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 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.
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, 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; or investments made in prepaid expenses
or other general intangibles. Applicable liabilities include trade
or other accounts payable; accrued sales, income or other taxes; accrued
expenses; and notes or other 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.
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, or premises in which, a pawnbroker
regularly conducts business.
An individual, partnership, corporation, limited liability
company, joint venture, trust, association or any other legal entity
however organized.
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.
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 business in connection with a pawn transaction.
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. 1603 §1, 6-20-2006]
A.
Licenses Required. No person shall operate a pawnshop in
the City of Rock Hill unless such person obtains a pawnshop license
issued by the City in accordance with the general licensing provisions
of the Rock Hill City Code and the specific provisions of this Chapter.
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. It shall be unlawful
for any person to conduct or transact a pawnbroker business in the
City unless he shall keep posted in a conspicuous place in the place
of business the license certificate therefor and a copy of all ordinances
relating to pawnbrokers.
B.
Licensing Year Is Calendar Year. All licenses issued under
this Chapter are for a period of one (1) year or portion of one (1)
year and expire on Midnight of June thirtieth (30th). The license
fee for any license which is issued for a portion of a year shall
be prorated by the City Administrator.
C.
Application For New Pawnshop License.
1.
An application
for a new pawnshop license shall be under oath and on forms prescribed
and provided by the City Administrator and shall contain other relevant
information sufficient to inform the City Administrator regarding
the qualifications of the applicant for a license as required by the
City Administrator. At minimum, the application shall include:
a.
The
full name and address of the applicant and each prospective pawnshop
employee, if known, for the past two (2) years;
b.
The
address where the business is to be conducted;
c.
A
statement as to whether the applicant and each prospective pawnshop
employee, if known, have ever been convicted of a felony;
d.
The
name, address and phone number of at least two (2) persons of good
moral character who may be used as character references for the applicant
and each prospective pawnshop employee, if known; and
e.
If
the applicant is a partnership, the application shall include the
required information for each partner and whether such partner is
a general partner or a limited partner. If the applicant is a corporation
or limited liability company, the application shall include the required
information for each officer and treasurer and each shareholder owning
twenty percent (20%) or more of the corporate stock.
2.
The
application shall be accompanied by:
a.
An
investigation fee of five hundred dollars ($500.00) if the applicant
is unlicensed at the time of applying for the pawnshop or two hundred
fifty dollars ($250.00) if the application involves a second (2nd)
or additional license to an applicant previously licensed for a separate
location or involves substantially identical principals and owners
of a licensed pawnshop at a separate location;
b.
Proof
of general liability insurance in the amount of five hundred thousand
dollars ($500,000.00);
c.
An
annual fee of five hundred dollars ($500.00); and
d.
If
the applicant is a corporation, a "certificate of good standing" issued
by the Missouri Secretary of State.
D.
Non-Use And Transfer Of License.
1.
If a
pawnbroker shall not conduct business for any continuous period of
ninety (90) days at any time after the issuance of a license, the
license shall be null and void.
2.
Licenses
are personal to the licensee and shall not be transferred to any other
person. Any attempt to transfer such license to any other person shall
render said license null and void. It shall be unlawful for any person
to do business or to attempt to do business under a license transferred
to him.
E.
Investigation By City Administrator. The City Administrator
shall investigate the facts contained in an application for a new
pawnshop license and shall request the assistance of the Chief of
Police and any other person who has knowledge of the facts contained
in the application or who is authorized to investigate these facts.
F.
Standards For Issuance. No license shall be issued to any
person who:
1.
Is not
of good moral character or to any pawnshop employing persons who are
not of good moral character; or
2.
Makes
a false statement of material facts in the application for a license
or a renewal license; or
3.
Fails
to show that the pawnshop will be operated lawfully and fairly within
the purposes of the Chapter; or
4.
Has
a felony or misdemeanor conviction which either directly relates to
the duties and responsibilities of the occupation of pawnbroker or
which otherwise makes the applicant presently unfit for a license;
or
5.
Does
not have net assets of at least fifty thousand dollars ($50,000.00)
readily available for use in conducting business as a pawnshop for
each licensed pawnshop; or
6.
Does
not file with the City Administrator a bond satisfactory to the City
Administrator in an amount of five thousand dollars ($5,000.00) with
a surety company qualified to do business in this City. The aggregate
liability of such surety shall not exceed the amount stated in the
bond. The bond shall run to the City for the use of the City and of
any person(s) who may be a cause of action against the obligor of
such bond under the provisions of this Chapter. Such bond shall be
conditioned that the obligor will comply with the provisions of this
Chapter and by all rules and regulations adopted by the City Administrator
and will pay to the City and to any such person(s) any and all amounts
of money that may become due or owing to the City or to such person(s)
from such obligor under and by virtue of the provisions of this Chapter
or any rules adopted by the City Administrator pursuant to this Chapter
during the time such bond is in effect.
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If the City Administrator is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop as required by Subsection (F)(5) hereof, the City Administrator 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 Chapter.
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G.
Exemption From Requirement For New Pawnshop License. No person who is lawfully operating a pawnshop on the date of the enactment of this Chapter shall be required to obtain a license under this Section in order to continue operating such pawnshop, so long as such person does not violate any other provisions of Sections 367.011 to 367.060, RSMo., or this Chapter. Such persons may continue to operate those pawnshops then in existence, but thereafter must receive annual renewal licenses even though the operation of such pawnshop might cause the number of pawnbrokers in the City of Rock Hill to exceed the number determined by operation of Subsection (H) of this Section. Such persons shall be required to pay the five hundred dollar ($500.00) annual fee prescribed in Subsection (I) of this Section, but such payment shall be in lieu of any occupational license fee.
H.
Limitation On Number Of Pawnbrokers In The City Of Rock Hill. Subject to the provisions of Subsection (G) of this Section, no license for engaging in the business of pawnbroker shall be issued when the issuance thereof would increase the number of such licenses outstanding and in force at that time to more than one (1) per each five thousand (5,000) inhabitants residing in the City of Rock Hill, Missouri.
I.
Subsequent License Applications. 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 Administrator. The application
shall be filed by July first (1st) of the current licensing year and
shall be on the forms and shall contain such information as the City
Administrator may require. The forms shall contain such information
as will assist the City Administrator in determining whether conditions
have changed and whether a renewal license should be issued for the
subsequent licensing year. The City Administrator 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).
J.
Suspension Or Revocation Of License.
1.
If the
City Administrator believes that any condition has changed such that
the licensee would not be eligible to receive a pawnbroker's license
or that the licensee is in violation of this Chapter or any State
or municipal law, the City Administrator may suspend the license.
2.
If the
City Administrator believes that the licensee is capable of remedying
the adverse change in conditions and if the licensee has not previously
been in violation of this Chapter or State or municipal law, the City
Administrator may suspend the license. If the City Administrator believes
that the changed condition(s) are such that, if true, the licensee
would not be able to remedy the situation in a reasonable time or
if the licensee has previously been in violation of this Chapter or
State or municipal law, then the City Administrator may revoke the
license.
3.
If the
City Administrator believes that the safety, morals or peace of residents
of the City of Rock Hill, Missouri, is immediately affected by the
change in conditions, the City Administrator may suspend or revoke
the license prior to a hearing, but he shall afford the licensee a
hearing within five (5) days of the suspension or revocation if the
licensee desires such a hearing. If the City Administrator believes
that the changed condition is not of such imminent hazard to the safety,
morals or peace of the residents of the City of Rock Hill, he may
hold a hearing prior to taking any action. He shall give the licensee
at least ten (10) days' notice of said hearing.
4.
Any
party aggrieved by a decision of the City Administrator may appeal
to the Circuit Court of St. Louis County in accordance with the provisions
of Chapter 536, RSMo., by filing an application for judicial review
within fifteen (15) days of the action complained of.
K.
Issuance Of Pawnshop Licenses Prohibited, When.
1.
No license
shall be issued for the operation of a pawnshop as defined within
this Chapter wherein said pawnshop will be located within one thousand
(1,000) feet of the property line of any church, synagogue, school
or residentially-zoned property.
2.
No license
shall be issued for the operation of a pawnshop as defined in this
Chapter wherein said pawnshop will be located within one thousand
(1,000) feet of the property line of property on which there is located
another pawnshop.
3.
No license
shall be issued for the operation of a pawnshop as defined in this
Chapter wherein said pawnshop will be located within one thousand
(1,000) feet of the property line of any residence, unless the licensee
shall provide to the City Administrator written authorization for
such operation from the owner of record of such property and each
adult resident thereof.
[Ord. No. 1603 §1, 6-20-2006]
A.
Pawn Number. The pawnbroker shall affix to each item of
tangible personal property a tag upon which shall be inscribed a pawn
number of legible characters which shall correspond to the number
on any pawn ticket or receipt for payment.
B.
Pawn Ticket For Pledged Property, Contents, Loss Of, Effect. At the time of making the secured personal credit loan, the lender
shall execute and deliver to the borrower a pawn ticket for and describing
the tangible personal property subjected to the security interest
to secure the payment of the loan. The receipt shall contain the following:
1.
The
name and address of the pawnshop;
2.
The
name and address of the pledgor, date of birth, height, weight, sex,
race or nationality and the driver's license number, 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, but not limited to,
serial numbers, if reasonably available, and an estimated value of
each item pledged;
5.
The
amount of cash advanced or credit extended to the pledgor;
6.
The
amount of the pawn service charged;
7.
The
total amount which must be paid to redeem the pledged goods on the
maturity date;
8.
The
maturity date of the pawn transaction;
9.
A statement
to the effect that the maximum legal interest rate may not exceed
two percent (2%) per month on the amount of any loan; and
10.
A
statement to the effect that the pledgor 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.
C.
Employee Registration. Every employee of a pawnshop shall,
within thirty (30) days from the issuance of any license, register
his name and address with the Police Department of the City and shall
have had his thumbprints, fingerprints and photograph taken and filed
with the City and such employee shall receive a certificate showing
compliance therewith, except that employees registered with the City
need not register a second (2nd) time. The term "employee" means all persons working in a pawnshop, including any owner, any
officer, treasurer or stockholder if the owner is a corporation, any
partner or any other person who receives income in any manner from
engaging in the operation of said pawnshop.
D.
Affidavit Of Lost Ticket. If a 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 lost, destroyed or stolen. The affidavit
shall be signed by a notary public appointed by the Secretary of State
pursuant to Section 486.205, RSMo., to perform notarial acts in this
State.
E.
Receipt For Payment To Be Furnished. Upon any payment by
a pledgor or upon the redemption of any pledge, the pawnbroker shall
furnish to the pledgor a written signed receipt indicating the exact
amount paid on principal, interest and any other charges. Said written
receipt shall be either printed or stamped with the name of the pawnbroker
and the address, shall include the date of payment and shall be legibly
written so that the figures thereon are clearly discernible.
F.
Pawn Register. Each pawnbroker shall keep a register of all items pawned at each pawnshop, which register shall contain the information listed in Subsections (A) and (B) of this Section. This record shall be kept in a bound book or in a continuous sheet of paper or tape, handwritten in ink or typed using a ribbon other than carbon, so that it will be obvious if an entry has been erased, obliterated or defaced. Such information may be made on cards, individual sheets or order pads if each sheet or card is numbered, so that if an entry is removed, it will be obvious.
G.
Daily Report. Each pawnbroker must, before the hour of 6:00
P.M. of every day, except Sunday and days the pawnbroker is closed
all day, make and deliver to the Chief of Police at the Police station
a full, true and detailed copy of that day's pawn register. If no
article or thing has been pawned or received during said day, a report
must be made to that effect.
H.
Photographic Records.
1.
All
pawnbrokers shall install a proper camera in operative condition and
shall use such equipment to photograph every person and the receipts
of pawnshop tickets given to such persons with all loans and with
all purchases of items from persons.
2.
All
pawnbrokers shall display, in a prominent place, a notice to customers
that they are required to be photographed when they pawn, sell or
offer as a part or full payment any item to the pawnbroker.
3.
All
such photographs shall be available for development and developed
by the pawnbroker upon request by the Chief of Police.
I.
Retention And Use Of Records. Each licensee shall keep and
maintain the originals of the foregoing records, or an original copy
as may be appropriate, for a period of at least two (2) years from
the date of the last transaction recorded therein and each such record
shall at all reasonable times be open to inspection by the Chief of
Police or at his direction.
[Ord. No. 1603 §1, 6-20-2006]
A.
Interest Rates. It shall be unlawful for any pawnbroker
to charge interest exceeding two percent (2%) per month on any pledge.
All pawnbrokers shall display, in a prominent place, a notice to customers
that the maximum legal interest rate may not exceed two percent (2%)
per month on the amount of any loan.
B.
Safekeeping Of Pledges.
1.
Every
pawnbroker licensed under the provisions hereof shall provide a safe
place for the keeping of the pledges received by him and shall have
sufficient insurance on the property held on pledges, for the benefit
of the pledgors, in case of destruction by fire or loss by theft.
A pawnbroker shall not fail to exercise reasonable care to protect
pledged goods from loss or damage.
2.
In the
event such pledged goods are lost or damaged as a result of a pawnbroker's
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 lender shall employ a reputable company for the purpose of fire
and theft security.
C.
Loans Due, When — Return Of Collateral, When — Restrictions.
1.
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 pledgor shall pay to the pawnbroker the principal sum
of the loan, with the loan fee(s) and the interest due thereon to
the date of payment, the pawnbroker shall thereupon deliver possession
of the tangible property to the pledgor. But if the pledgor fails
during the period of sixty (60) days to make payment, then the 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 pledgor shall
be forever barred.
2.
A pledgor
shall have no obligation to redeem pledged goods or make any payment
on a pawn transaction.
3.
Any
person properly identifying himself and presenting a pawn ticket to
the pawnbroker shall be presumed to be entitled to redeem the pledged
goods described therein.
D.
Hold Orders.
1.
Whenever
any Peace Officer has probable cause to believe that property in possession
of a pawnbroker licensed by the City of Rock Hill is stolen or embezzled,
said officer may place a written hold order on the property. A hold
order required by this Section shall contain the following:
a.
Name
of the pawnbroker;
b.
Name,
title and identification number of the Peace Officer placing the hold
order;
c.
Name
and address of the agency to which the Peace Officer is attached and
the offense number;
d.
Complete
description of the property to be held, including model number, serial
number and transaction number;
e.
Name
of the agency reporting the property to be stolen or embezzled; and
f.
Mailing
address of the pawnshop where the property is held.
2.
The
pawnbroker or his designee shall sign and date a copy of the hold
order as evidence of its receipt.
3.
While
the hold order is in effect, the pawnbroker may consent to release,
upon written receipt, the stolen or embezzled property to the custody
of the law enforcement agency to which the Peace Officer placing the
hold order is attached. Such consent shall not be considered a waiver
or release of the pawnbroker's property rights or interest in the
property.
4.
Except as provided in Subsection (D)(3) of this Section, the pawnbroker shall not release or dispose of the property except pursuant to a court order or the termination of expiration date, if any, of the hold order.
5.
In the
event criminal charges have been filed in any Missouri court involving
property which is in the possession of a pawnbroker licensed by the
City of Rock Hill and which may be needed as evidence, the appropriate
prosecuting attorney's office may place a written hold order on the
property. Such order shall contain the case number, the style of the
case and a description of the property. The pawnbroker shall hold
such property until receiving notice of the disposition of the case
from the prosecuting attorney's office. The prosecuting attorney's
office shall notify the pawnbroker in writing within fifteen (15)
days of the disposition of the case.
6.
Willful
non-compliance by a pawnbroker with a written hold order shall be
cause for the pawnbroker's license to be suspended or revoked. A hold
order may be terminated at any time by written release from the law
enforcement agency or prosecuting attorney placing the initial hold
order.
E.
Lost, Stolen Or Encumbered Property — Police Cooperation.
1.
Each
pawnbroker shall notify the Police of any article pledged or attempted
to be pledged, if the pawnbroker has reason to believe that said article
was stolen or lost.
2.
A pawnbroker
shall have no recourse when a customer has pledged goods for the receipt
of money except the pledged goods themselves, unless the pledged goods
are found to be stolen, lost, mortgaged or otherwise pledged or encumbered.
When a customer is notified by a Peace Officer that the goods he pledged
or sold to a pawnbroker were stolen, lost, mortgaged or otherwise
pledged or encumbered, the customer shall be liable to repay the pawnbroker
the full amount the customer received from the pawn or buy transaction.
A pawnbroker shall not charge any fee relating to the restoration
of such property to its rightful owner.
3.
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.
4.
Every
pawnbroker shall, upon request, show and exhibit to any Peace Officer
any article purchased, taken or received by the pawnbroker if the
item is still in the possession of the pawnbroker.
F.
Miscellaneous Regulations.
1.
Pawnshop not to be used as a residence. 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.
2.
Hours of operation. No pawnshop shall be open for business
or receive as pawned, pledged or purchased or upon 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.
3.
Keeping items seven (7) days. No pawnbroker shall destroy,
melt down, dispose of, sell or deliver to any other person any item
of tangible personal property until seven (7) days have passed from
the date the item was received.
4.
Dealing in weapons prohibited, when. No pawnbroker shall
receive as security or otherwise conduct any transaction involving
any kind of firearm, revolver, pistol, rifle, bowie knife, spring
back knife, razor, metal knuckles, billy, sword, cane, dirk, dagger
or other similar weapon, unless said pawnbroker is otherwise licensed
by applicable State and Federal law to purchase and sell such weapons.
5.
Secondhand goods. A pawnbroker shall not purchase or take
in trade used or secondhand personal property unless a record is established
that contains:
a.
The
name, address, physical description and the driver's license number,
military identification number, identification certificate number
or other official number capable of identifying the seller;
b.
A
complete description of the property, including the serial number,
if reasonably available, or other identifying characteristic; and
c.
A
signed document from the seller providing that the seller has the
right to sell the property.
6.
No barred windows or doors. No building in which a pawnbroker
shall conduct business shall have any bars or similar security features
or structures on or in any window or door.
7.
Additional restrictions. A pawnbroker shall not:
a.
Accept
a pledge from a person who is under eighteen (18) years of age;
b.
Make
any agreement requiring the personal liability of a pledgor in connection
with a pawn transaction;
c.
Accept
any waiver, in writing or otherwise, of any right or protection accorded
a pledgor under this Chapter or other law; or
d.
Fail
to return pledged goods to a pledgor upon payment of the full amount
due the pawnbroker on the pawn transaction.
[Ord. No. 1603 §1, 6-20-2006]
The City Administrator may issue such rules and regulations
as he or she deems necessary to implement this Chapter and the policies
contained herein.
[Ord. No. 1603 §1, 6-20-2006]
It is the intention of the Board that this Chapter shall be
read in harmony with all other ordinances of the City of Rock Hill
and that such ordinances and provisions shall be so construed, interpreted,
administered and applied as to reconcile any differences between them
and this Chapter. To the extent that any such ordinances and provisions
are determined to be irreconcilable with the provisions of this Chapter,
but only to that extent, the provisions of this Chapter shall be deemed
to have superseded the conflicting provisions.
[Ord. No. 1603 §1, 6-20-2006]
Any person operating a pawnshop without a license or otherwise in violation of the standards and requirements provided herein shall be guilty of a violation of this Section and, upon conviction thereof, shall be punished as provided in Section 100.080 of this Code.
