[R.O. 2012 §625.010; CC 1979 §15-31; Ord. No. A-5722 §1, 5-27-1993]
A. Definitions. Unless otherwise expressly stated or the context
clearly indicates otherwise, the following terms, for the purposes
of this Chapter, shall have the meaning indicated in this Section:
EXEMPT TRANSACTION
The purchase, barter or exchange of tangible personal property
of the kinds described in "Listed Property" hereof.
1.
From a manufacturer, wholesaler or other person having an established
place of business;
2.
At a public auction or other openly conducted sale where the
seller is required by law to have a license or permit to conduct such
sale; or
3.
Where the transaction is in the nature of a trade-in of one
(1) item of personal property for another item of personal property
of the same kind or involves an exchange or refund for personal property
originally purchased from the licensed business giving such exchange
or refund.
LICENSED BUSINESS
Any person having or required to have a business license under Chapter
605 of this Code relating to licenses and business regulations generally, whose business involves the purchase, barter, exchange, sale or pawn of used or secondhand tangible personal property.
LISTED PROPERTY
Used or secondhand tangible personal property except property
received in an exempt transaction, of the following kinds:
1.
Consumer electronics bearing a manufacturer's serial number,
including without limitation televisions, VCRs, radios, personal computers
and printers, car and home stereos, CBs, compact disk players, radar
detectors, cellular and regular telephones, microwave ovens and related
components and accessories;
2.
Video and still cameras and accessories bearing a manufacturer's
serial number;
3.
Firearms of any description;
4.
Power tools bearing a manufacturer's serial number, including
without limitation lawn and garden tools, chainsaws and shop tools;
5.
Outboard motors, trolling motors and other boating and fishing
equipment bearing a manufacturer's serial number, provided that items
subject to title registration and actually accompanied by the appropriate
document of title shall not be included in this definition;
6.
Bicycles, coins and stamps;
7.
Fine jewelry, silverware and other items having as a component
precious or semi-precious stones or precious metals, provided that
items containing precious metals only in a plate, rolled or filled
form, containing gold in any form less than twelve (12) karats or
containing silver in any form less than coin shall not be included
in this definition; and
8.
Any personal property from which a manufacturer's serial number
or identification number has been removed or obliterated.
OTHER PERSONAL PROPERTY
Used or secondhand tangible personal property of any kind
whatever, except listed property and except items subject to title
registration and actually accompanied by the appropriate document
of title.
B. Transactions With Minors. No licensed business shall purchase
or receive any listed property or other personal property from an
unemancipated minor under the age of eighteen (18) years, unless such
minor's custodial parent or guardian has consented in writing to each
particular transaction.
C. Stolen Property. No licensed business shall purchase or
receive any article of listed property or other personal property
from any person when offered under such circumstances as would cause
a reasonably prudent person to believe or suspect that such article
was a stolen article.
D. Suspicious Circumstances. It shall be the duty of every
licensed business to report to the police any article of listed property
or other personal property taken, purchased, pledged or received by
it, or which is sought to be delivered, sold or pledged to it, if
such business shall have reason to believe that the article was stolen
or that the article cannot be rightfully delivered, sold or pledged
by the person offering it.
[R.O. 2012 §625.020; CC 1979 §15-32; Ord. No. A-5722 §1, 5-27-1993]
A. Every
licensed business receiving listed property, whether by purchase,
barter or exchange or by pledge, deposit or pawn, shall maintain a
clear and legible register of listed property received, recording
in ink the following information:
1. A full
description of the property received, including the manufacturer's
insignia and serial number;
2. The
name, sex and residence address of the person selling or leaving such
property; and
3. The
date and time of such transaction.
B. Such
information shall be recorded in the register as soon as practicable
and, in any event, by the close of business on the day of such transaction.
It shall be a violation of this Chapter to erase, obliterate or deface
any information in the register for the purpose of concealing or falsifying
such information.
[R.O. 2012 §625.025; Ord. No. A-6951, 5-23-2000]
A. This Section applies to all persons engaged in activities set forth in Section
620.010 of the Monett City Code including, but not limited to, those engaged in pawnbroker loans as defined and set forth in Sections 367.011 through 367.060, RSMo.
B. No person,
either as principal or agent, shall pursue, conduct, carry-on, or
operate within the City any pawnbroker business without full compliance
with Chapter 367, RSMo.
C. At the
time of the making of 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 contain the following:
1. The
name and address of the business;
2. The
name and address of the pledgor, the pledgor's description, and the
driver's license number, military identification number, or other
official number capable of identifying the pledgor;
3. The
date and time of such transaction; and
4. An identification
and description of the pledged goods, including serial numbers if
reasonably available.
D. All persons conducting business under Subsection
(A) of this Section shall be required to furnish the Monett Police Department with copies of information contained in Subsections (1) to (4) of Subsection
(B) of this Section at the end of each calendar month.
[R.O. 2012 §625.030; CC 1979 §15-33; Ord. No. A-5722 §1, 5-27-1993]
A. It shall
be the duty of every licensed business to maintain in its files for
a period of one (1) year all lists of stolen property which may be
provided to them from time to time by the City Police Department.
B. It shall
be the duty of every licensed business to check the above mentioned
lists for any comparable item in its place of business. It shall be
the duty of every licensed business to notify the City Police Department
of any such item and to hold such item for four (4) days for identification
purposes.
C. When
there is reason to believe that any particular article of listed property
or other personal property may have been stolen, upon reasonable request
and notice, any licensed business shall also make available to any
authorized officer of the City Police Department for inspection, the
article in its possession and its business records with regard to
the article's acquisition, and if such article has been sold, any
licensed business shall make available to such officer its business
records with respect to the article's acquisition and any subsequent
sale.
D. When
there is reason to believe that any particular article of listed property
or other personal property may have been stolen, any licensed business,
upon notice and request, shall hold such article for a period of four
(4) business days for identification purposes.