[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]
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.
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.
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:
The name and address of the pawnshop.
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.
The date of the transaction.
An identification and thorough description of the pledged goods, including serial numbers if reasonably available.
The amount of cash advanced or credit extended to the pledgor.
The amount of the pawn service charge.
The total amount which must be paid to redeem the pledged goods on the maturity date.
The maturity date of the pawn transaction.
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.
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]
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.
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.
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]
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.
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.
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.
A pledgor shall have no obligation to redeem pledged goods or make any payment on any pawn transaction.
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 pawnbroker shall not:
Accept a pledge from a person who is under eighteen (18) years of age.
Make any agreement requiring the personal liability of a pledgor in connection with a pawn transaction.
Accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor under this Chapter or other law.
Fail to exercise reasonable care to protect pledged goods from loss or damage.
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.
Purchase or take in trade used or secondhand personal property unless a record is established that contains:
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;
A complete description of the property, including the serial number if reasonably available, or other identifying characteristic; and
A signed document from the seller providing that the seller has the right to sell the property.
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]
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]
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:
The name of the pawnbroker;
The name and mailing address where the pawnshop is located;
The name, title and identification number of the Law Enforcement Officer placing the hold order;
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;
A complete description of the property to be held including model number, serial number and transaction number;
Name of the department reporting the property as stolen; and
The expiration date of the holding period.
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.
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.
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.
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.
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.
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]
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.
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]
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.
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 Section 486.205, RSMo.
[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.