[R.O. 2008 §15-267; Ord. No. 2086 §1, 10-23-2000]
No pawnshop shall be open for business or shall receive as pawned,
pledged or purchased, on any condition whatsoever, any article of
personal property or other valuable thing between the hours of 8:00
P.M. on any day and 8:00 A.M. on the following day.
[R.O. 2008 §15-268; Ord. No. 2086 §1, 10-23-2000]
A.
The pawnbroker shall keep a computerized register of all items pawned at each pawnshop and such register shall contain the information listed in Subsection (C) of this Section.
B.
The pawnbroker shall use sequentially numbered computerized or preprinted receipts, which shall identify and allow space for the entry of the required information listed in Subsection (C) of this Section.
C.
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 receipt shall include the following information:
1.
The name and address of the pawnshop.
2.
Description of the pledgor to include: full name, date of birth and
physical description (height, weight, sex, race or nationality), residential
address, employer and employment address and two (2) types of official
identification such as: driver's license number, Social Security number,
military identification number or other official number identifying
the pledgor.
3.
The date of the transaction.
4.
An identification and thorough description of the pledged goods,
including serial numbers if reasonably available.
5.
The amount of cash advanced or credit extended to the pledgor.
6.
The amount of the pawn service charge.
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 signed statement to the effect that the pledgor has the right to
sell the property or offer it as collateral or payment on any loan
and that the pledgor is not obligated to redeem the pledged goods,
which may be forfeited to the pawnbroker sixty (60) days after the
specified maturity date.
D.
The computerized register shall be maintained utilizing compatible
magnetic media so that the information can be inspected and down loaded
on consent or when authorized by Police Officers duly sworn by the
City of Creve Coeur or the State of Missouri under Chapter 590, RSMo.
[Ord. No. 5434 §4, 8-10-2015]
[R.O. 2008 §15-269; Ord. No. 2086 §1, 10-23-2000]
A.
All
pawnbrokers shall have readily available for use a camera in operative
condition and shall use such camera to photograph every person as
well as receipts of pawnshop tickets given to such persons with all
loans and purchases of items from such persons.
B.
The
pawnbroker shall photograph any item that has a value of five hundred
dollars ($500.00) or more when such item is presented to be pawned,
sold or offered as part or full payment.
C.
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 part or full payment any item to the pawnbroker.
[R.O. 2008 §15-270; Ord. No. 2086 §1, 10-23-2000]
A.
Every
secured personal credit loan shall be due and payable in a 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. If not paid when due, on the day following the due date
the loan shall be considered in default.
B.
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 following the
date of the default. If, within sixty (60) days following the date
of the default, the pledgor pays the pawnbroker the principal sum
of the loan plus the loan fee(s) and the interest due up through the
date of the payment, the pawnbroker shall thereupon deliver possession
of the tangible property to the pledgor.
C.
If
the pledgor fails to make payment within sixty (60) days, on the day
following the sixty (60) day period the title to the tangible property
shall pass to the pawnbroker without foreclosure. The right of redemption
by the pledgor shall be forever barred.
D.
A pledgor
shall have no obligation to redeem pledged goods or make any payment
on any pawn transaction.
E.
Except
as otherwise provided herein, any person properly identifying himself/herself
and presenting a pawn ticket to the pawnbroker shall be presumed to
be entitled to redeem the pledged goods described therein.
[R.O. 2008 §15-271; Ord. No. 2086 §1, 10-23-2000]
A.
A pawnbroker
shall not:
1.
Accept a pledge from a person who is under eighteen (18) years of
age.
2.
Make any agreement requiring the personal liability of a pledgor
in connection with a pawn transaction.
3.
Accept any waiver, in writing or otherwise, of any right or protection
accorded a pledgor under this Chapter or other law.
4.
Fail to exercise reasonable care to protect pledged goods from loss
or damage.
5.
Purchase, trade, destroy, melt down, dispose of, sell or deliver
to any other person any item of tangible personal property until ninety
(90) days have passed from the day the property was received.
6.
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.
7.
Fail to return pledged goods to a pledgor upon payment of the full
amount due the pawnbroker on 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. Lenders 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 alarm company for the purpose of fire and theft
security.
[R.O. 2008 §15-272; Ord. No. 2086 §1, 10-23-2000]
A.
The computerized register and photographs provided for in this Article
shall at all times be maintained on the business premises of the pawnshop.
[Ord. No. 5434 §5, 8-10-2015]
B.
Upon request, a Law Enforcement Officer may inspect property that is described in information furnished by the pawnbroker pursuant to Subdivisions (1) — (4) of Subsection (C) of Section 620.120. When a Law Enforcement Officer has probable cause to believe that goods or property in the possession of a pawnbroker are misappropriated, the officer may place a hold order on the property. The hold order shall contain the following:
1.
The name of the pawnbroker;
2.
The name and mailing address where the pawnshop is located;
3.
The name, title and identification number of the Law Enforcement
Officer placing the hold order;
4.
The name and address of the agency to which the Law Enforcement Officer
is attached and the claim or case number, if any, assigned by the
agency to the claim regarding the property;
5.
A complete description of the property to be held including model
number, serial number and transaction number;
6.
Name of the department reporting the property as stolen; and
7.
The expiration date of the holding period.
C.
The
hold order shall be signed and dated by the issuing officer and signed
and dated by the pawnbroker or the pawnbroker's designee as evidence
of the hold order's issuance by the officer, receipt by the pawnbroker
and the beginning of the initial holding period. The officer issuing
the hold order shall provide an executed copy of the hold order to
the pawnbroker for the pawnbroker's record-keeping purposes at no
cost to the pawnbroker.
D.
Upon
receiving the hold order, and subject to the provisions of Section
367.047, RSMo., the pawnbroker shall retain physical possession of
the property subject to the order in a secured area. The initial holding
period of the hold order shall not exceed two (2) months, except that
the hold order may be extended for up to two (2) successive one (1)
month holding periods upon written notification prior to the expiration
of the immediately preceding holding period. A hold order may be released
prior to the expiration of any holding period or extension thereof
by written release from the agency placing the initial hold order.
The initial hold order shall be deemed expired upon the expiration
date if the holding period is not extended pursuant to this Subsection.
Upon the expiration of the initial holding period or any extension
thereof, the pawnbroker shall deliver written notice to the Law Enforcement
Officer issuing the hold order that such order has expired and that
title to the property subject to the hold order will vest in the pawnbroker
in ten (10) business days. Ownership shall only vest in the pawnbroker
upon the expiration of the ten (10) day waiting period subject to
any restriction contained in the pawn contract and subject to the
provisions of Sections 367.044 to 367.053, RSMo. Vesting of title
and ownership shall be subject to any claim asserted by a claimant
pursuant to Section 367.044, RSMo.
E.
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 Law Enforcement Officer
placing the hold order is attached.
F.
Except as provided in Subsection (E) of this Section, the pawnbroker shall not release or dispose of the property except pursuant to a court order or the termination or expiration, if any, of the hold order.
G.
If
criminal charges have been filed in any Missouri court involving property
that is in the possession of a pawnbroker, licensed by the City and
such property may be needed as evidence, the appropriate prosecuting
attorney 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.
H.
In addition to the penalty provisions contained in Section 620.230, gross negligence or willful non-compliance with the provisions of this Section by a pawnbroker shall be cause for the licensing authority to suspend or revoke the pawnbroker's license. Any imposed suspensions or revocation provided for by this Subsection may be appealed by the pawnbroker to the licensing authority or to a court of competent jurisdiction.
[R.O. 2008 §15-273; Ord. No. 2086 §1, 10-23-2000]
A.
Each
pawnbroker shall notify the Police of any article pledged or attempted
to be pledged, if the pawnbroker has reason to believe that the article
was lost or stolen.
B.
A pawnbroker
shall have no recourse when a customer has pledged goods for the receipt
of money, except the pledged goods themselves. This shall not apply
to pledged goods which are found to be lost, stolen, mortgaged or
otherwise pledged or encumbered. When a customer is notified by a
Law Enforcement Officer that the goods he/she pledged or sold to a
pawnbroker are reported lost, stolen, mortgaged or otherwise pledged
or encumbered, the customer shall be liable to repay the pawnbroker
the full amount received from the pawn or buy transaction. A pawnbroker
shall not charge any fee relating to the return of such property to
its rightful owner.
[R.O. 2008 §15-274; Ord. No. 2086 §1, 10-23-2000]
A.
If
the pawn ticket is lost, destroyed or stolen, the pledgor may so notify
the pawnbroker in writing. Receipt of such notice shall invalidate
such pawn ticket, if the pledged goods have not already been redeemed.
Before delivering the pledged goods or issuing another pawn ticket,
the pawnbroker shall require the pledgor to make a written affidavit
of the loss, destruction or theft of the ticket.
B.
The
pawnbroker shall record on the written statement the pledgor's identification
information as reflected on the original transaction receipt, 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 Missouri Secretary of State to perform notarial acts,
pursuant to Chapter 486, RSMo.
[Ord. No. 5729, 1-25-2021]
[R.O. 2008 §15-275; Ord. No. 2086 §1, 10-23-2000; Ord. No. 5434 §6, 8-10-2015]
Every pawnbroker shall give the Chief of Police notice of all
pawned goods to be shipped out of town. The notice shall state the
name of the pledgee, the shipment destination and the date of shipment.
Such goods shall not be shipped for at least seven (7) days after
the delivery of the notice to the Chief of Police.
[R.O. 2008 §15-276; Ord. No. 2086 §1, 10-23-2000]
No licensed pawnbroker or any other person acting as a pawnbroker
or agent, employee or solicitor for any pawnbroker under the provision
of this Chapter shall purchase, sell, loan or receive as security,
pledge or pawn any kind of automobile, watercraft, firearms, pyrotechnics
or any illegal weapons.
[R.O. 2008 §15-277; Ord. No. 2086 §1, 10-23-2000]
Each licensee shall keep adequate records, including a computerized
register, that are consistent with accepted accounting practices,
relating to the licensee's pawn transactions. Such records shall be
preserved for a period of at least two (2) years from the date of
the last transaction recorded therein.
[R.O. 2008 §15-278; Ord. No. 2086 §1, 10-23-2000]
The Director may issue such rules and regulations as deemed
necessary to implement this Chapter and the policies contained herein.
In addition to any other penalty which may be applicable, any
person who operates a pawnshop pursuant to the provisions of Sections
367.011 to 367.060, RSMo., or is required to be licensed pursuant
to Section 367.043, RSMo., who willfully violates any provision of
Sections 367.011 to 367.060, RSMo., or who willfully makes a false
entry in any records specifically required by Sections 367.011 to
367.060, RSMo., shall be guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine not in excess of five thousand
dollars ($5,000.00), or by confinement in the County Jail for not
more than six (6) months, or by both such fine and imprisonment. Upon
the second (2nd) conviction of the offense described in this Section,
in addition to being punishable by fine or imprisonment, the person's
pawnshop license shall be permanently revoked; except that there shall
be no penalty for a violation resulting from an accidental and bona
fide error, where such error is corrected upon discovery.
