[R.O. 1996 § 650.010; Ord. No. 2730 § 1, 11-4-1996]
For the purposes of this Chapter,
the following terms shall have the meanings assigned to them by this
Section, unless the context of their use in this Chapter clearly requires
otherwise:
ARTICLE
Any used item acquired for resale, which is of a class of
merchandise or commodity that includes, but is not limited to, automobile
parts and accessories, wearing apparel, furniture, plumbing and construction
materials, household appliances, musical instruments, sporting equipment,
glassware, poles, wire and scrap metal.
MANAGER
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of a pawnshop.
MONTH
That period of time from one (1) 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 day 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.
NET ASSETS
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, 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 in 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 or be subject to the claims of general
creditors.
OWNER or OWNERS
The proprietor, if a sole proprietorship; all partners (general
and limited), if a partnership; or all officers, directors, and persons
holding ten percent (10%) or more of the outstanding shares of a corporation.
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 a premises in which a pawnbroker
regularly conducts business.
PERSON
An individual, partnership, corporation, joint venture, trust,
association or any other legal entity, however organized.
PERSON OF GOOD MORAL CHARACTER
In addition to other factors making a person of good moral
character, a person who has not been convicted of a felony or released
from confinement for conviction of a felony, whichever event is later,
within five (5) years immediately preceding the date of application
for pawnbroker license, or has not been convicted of a misdemeanor,
or released from confinement for conviction of a misdemeanor, whichever
event is later, within two (2) years immediately preceding the date
of application for pawnbroker license, where such felony or misdemeanor
involved the operation of a pawnshop, theft, stealing, robbery, burglary
or receipt of stolen property and related offenses, as defined in
the Missouri Criminal Code, or similar Statutes, or has not been convicted
of municipal ordinance violation, or released from confinement for
conviction of a municipal ordinance violation, whichever event is
later, within two (2) years immediately preceding the date of application
for pawnbroker license, where such municipal ordinance violation involved
the operation of a pawnshop, theft, stealing, robbery, burglary or
receipt of stolen property.
PLEDGED GOODS
Tangible personal property other than choses in action, securities,
or printed evidences of indebtedness which property is deposited with
or otherwise actually delivered into the possession of a pawnbroker
in the course of their business in connection with a pawn transaction.
SECURED PERSONAL CREDIT LOAN
Every loan of money made in this State, 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.
VALUE
The fair market retail value of the article at the time and
place of the acquisition of the article by the dealer, or, where no
reasonable monetary value can be ascertained, the cost of replacement
of the article. It is expressly provided that value, as used in this
Chapter, shall not be determined by the cost of the article as paid
by the dealer.
[R.O. 1996 § 650.020; Ord. No. 2730 § 1, 11-4-1996]
It shall be the duty of every person
licensed as a pawnbroker under the provisions of this Chapter to make
out and deliver to the Chief of Police each day, on a form provided
by, or approved by, the Chief of Police, before the hour of 12:00
Noon, a report as to all personal property or other valuable things
received, deposited or purchased during the preceding day, together
with the time when received or purchased and a description of the
person by whom left in pledge or from whom such property or things
were purchased; provided that no person shall be required to furnish
such description of any property purchased from manufacturers or wholesale
dealers having an established place of business or of any goods purchased
in open sale from any bankrupt stock or from any other person having
an established place of business, but such purchased goods must be
accompanied by a bill of sale or other evidence of open and legitimate
purchase and must be verified as such to any member of the Police
Department when demanded.
[R.O. 1996 § 650.030; Ord. No. 2730 § 1, 11-4-1996]
Reports received by the Chief of
Police shall be maintained by the Police Department for a minimum
of one (1) year and shall be and remain a public record.
[R.O. 1996 § 650.040; Ord. No. 2730 § 1, 11-4-1996; Ord. No. 3025 § 7, 11-3-1997]
A. It shall be unlawful for any person to
operate a pawnshop unless said pawnshop is currently licensed as a
pawnshop issued pursuant to this Section, as authorized by the Revised
Statutes of Missouri. To be eligible for a pawnshop license, an applicant
shall:
1.
Be a person of good moral character;
2.
Have net assets of at least fifty
thousand dollars ($50,000.00) readily available for use in conducting
business for each licensed pawnshop; and
3.
Show that the pawnshop will be operated
lawfully and fairly under State law and City ordinance.
B. Every pawnbroker must obtain a license
for each place where such pawnbrokering 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.
C. An application for a new pawnshop license,
the renewal thereof, the transfer of an existing pawnshop license,
or the approval of a change in the ownership of a licensed pawnshop
shall be under oath and shall state the full name and place of residence
of the applicant, the place where the business is to be conducted,
and other relevant information as may be required. If the applicant
is a corporation, the application shall state the full name and address
of each officer, shareholder and director. If the applicant is a partnership,
the application shall state the full name and address of each partner.
D. A license shall not be issued to an applicant
who is not a person of good moral character or is otherwise presently
unfit for a pawnshop license.
E. Each applicant for a pawnshop license at
the time of filing application shall file with the City of Blue Springs
a bond satisfactory to it and in the amount of five thousand dollars
($5,000.00) for each license with a surety company qualified to do
business in this State. The aggregate liability of such surety shall
not exceed the amount stated in the bond. The bond shall run to the
State for the use of the State and of any person or persons who may
have a cause of action against the obligor of such bond under the
provisions of Sections 367.011 to 367.060, RSMo. Such bond shall be
conditioned that the obligor will comply with the provisions of Sections
367.011 to 367.060, RSMo., and of all rules and regulations lawfully
made by the City of Blue Springs and will pay to the State and to
any such person or persons any and all amounts of money that may become
due or owing to the State or to such person or persons from such obligor
under and by virtue of the provisions of Sections 367.011 to 367.060,
RSMo., during the time such bond is in effect.
F. If the City of Blue Springs is unable to
verify that the applicant meets the net assets requirement for a licensed
pawnshop, the City of Blue Springs 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 Section.
G. A satisfactory public liability insurance
policy shall be filed with the City by the applicant, covering all
operations of said applicant. The sum of at least one hundred thousand
dollars ($100,000.00) for each person injured and the sum of at least
three hundred thousand dollars ($300,000.00) in the case of injury
to two (2) or more persons in any one (1) occurrence, and the sum
of at least one hundred thousand dollars ($100,000.00) for damage
to property shall be provided. Such policy shall provide that the
City shall be notified of any cancellation or alteration by the insurance
carrier within ten (10) days before such cancellation or alteration
becomes effective.
H. A pawnshop license shall expire on the
last day of February of each year.
I. Investigation Fee. Each application for
a license shall be accompanied by an investigation fee of five hundred
dollars ($500.00) if the applicant is not licensed at the time of
applying for a pawnshop license, or two hundred fifty dollars ($250.00)
if the application involves a second 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 separation
location.
J. Annual Fee. Each application for a license, or second (2) or additional license, or renewal shall be accompanied by the annual fee of five hundred dollars ($500.00) for that license prorated as in Section
605.060(B) of this Code.
[R.O. 1996 § 650.050; Ord. No. 2730 § 1, 11-4-1996]
The license provided for in this
Chapter shall designate the licensed location and shall be posted
conspicuously on the premises.
[R.O. 1996 § 650.060; Ord. No. 2730 § 1, 11-4-1996]
Licensee shall pay an annual license fee of five hundred dollars ($500.00) for each license. Said fee shall be due on the same date that occupational licenses are due under Chapter
605 of this Code and said licenses shall expire on the same date as an occupational license.
[R.O. 1996 § 650.070; Ord. No. 2730 § 1, 11-4-1996; Ord. No. 4589 § 16, 3-21-2016]
If any pawnbroker, or their agents, servants or employees, shall violate any of the provisions of this Chapter or Chapter 367, RSMo., and is finally convicted in any court of the City or State; fails to comply with the provisions of this Chapter; or fails to remain a person of good moral character, the license or licenses issued under this Chapter to said pawnbroker may be suspended or revoked by the City after a hearing is held in accordance with the procedure set out in Chapter
140 of the Code, and a decision of a hearing officer becomes final. Written notice of the hearing to suspend or revoke stating the grounds thereof shall be delivered to said pawnbroker in accordance with the procedure set forth in Chapter
140 at their place of business as set forth in any license of said pawnbroker or by leaving or posting said notice at said address. The pawnbroker shall have the right at the hearing to be represented by an attorney, to cross-examine witnesses, to present evidence, and to testify on their own behalf. Upon suspension or revocation of any license, no license fee paid shall be refunded to the licensee.
[R.O. 1996 § 650.080; Ord. No. 2730 § 1, 11-4-1996]
The City shall allow any person lawfully operating a pawnshop on November 4, 1996, to continue operating such business without obtaining a license required by this Chapter so long as such person does not violate any of the provisions of this Chapter, except that such person shall be required to apply for a pawnbrokers license pursuant to this Chapter when said person's occupational license is next due and they shall be required to pay the five hundred dollars ($500.00) annual fee prescribed in Section
650.060, but shall not be required to pay an investigation fee.
[R.O. 1996 § 650.090; Ord. No. 2730 § 1, 11-4-1996]
A. It shall be unlawful for any person, other
than an owner, who works as a manager at a pawnshop to do so without
having first obtained from the City a Manager's Permit, to be designated
as a "Pawnshop Dealer Manager's Permit" or to work as a manager at
such business after such person's Manager's Permit has been revoked,
or while such person's permit is suspended.
B. All applications for a Pawnshop Manager's
Permit (Manager's Permit) shall be signed by the applicant and be
notarized. All applications shall be submitted on a form supplied
by the City and shall require the following information:
1.
The applicant's name, home address,
home telephone number, date and place of birth, and Social Security
number;
2.
The name and address of the business
at which the applicant intends to work as a manager, and an "intent
to hire" statement from the business that is licensed, or that has
applied for a license, under the provisions of this Chapter;
3.
A statement from the applicant that
they are a person of good moral character, and that the applicant
has not been convicted of any felony, misdemeanor or municipal ordinance
which makes the applicant presently unfit for a Pawnshop Dealer Manager's
Permit; and
4.
Any other information deemed relevant
by the City for the efficient administration of this provision.
C. Pawnshop Dealer Manager's Permits shall
be valid for a period of three (3) years from the date of issuance.
A fee of fifteen dollars ($15.00) shall be payable at the time the
application for the permit or renewal is submitted for approval. Renewals
shall be made in the same manner as provided for above.
D. Failure to provide information required
by this Section shall constitute an incomplete application and the
incomplete application shall not be processed.
[R.O. 1996 § 650.100; Ord. No. 2730 § 1, 11-4-1996]
A. After an investigation, the City shall
issue the applicable license authorized by this Chapter if the City
finds:
1.
That the business for which a license
is required herein will be conducted in a building, structure and
location which complies with the requirements of and meets the standards
of the applicable health, zoning, building code, fire and property
maintenance ordinances of the City, as well as the requirements of
this Chapter;
2.
That the applicant has not made any
false, misleading or fraudulent statement of material fact in the
application for a license, or in any report or record required to
be filed with the City (as part of the original license application
or application for renewal thereof);
3.
That the applicant is a person of
good moral character; and
4.
That the applicant has not had a
license or permit issued under the provisions of this Chapter revoked
within five (5) years immediately preceding the application.
B. After an investigation, the City shall
issue or renew any applicable Pawnbroker Dealer Manager's Permit authorized
by this Chapter if the City finds:
1.
That the applicant has not made any
false, misleading or fraudulent statement of material fact in the
application for a permit or the renewal thereof;
2.
That the applicant is person of good
moral character; and
3.
That the applicant has not had a
license or Manager's Permit issued under the provisions of this Chapter
revoked within five (5) years immediately preceding the application.
[R.O. 1996 § 650.110; Ord. No. 2730 § 1, 11-4-1996]
It shall be unlawful for a pawnshop
owner to not comply with the building codes, zoning, fire, health
and property maintenance ordinances of the City and with regulations
of such departments of the City. Failure to comply with such ordinances
or regulations may be a basis for suspension, revocation, or non-renewal
of the license issued to that owner.
[R.O. 1996 § 650.120; Ord. No. 2730 § 1, 11-4-1996]
A. A Pawnshop Dealer Manager Permit holder
or owner shall be on duty at a pawnshop at all times the pawnshop
is open for business. The name of the manager or owner on duty shall
be prominently posted during business hours.
B. It shall be the responsibility of the manager
or owner to have on the premises the names, addresses, home telephone
numbers, date and place of birth, and Social Security numbers of all
current and former [prior two (2) years] employees.
[R.O. 1996 § 650.130; Ord. No. 2730 § 1, 11-4-1996]
A. Every pawnbroker shall keep at their place
of business a clean and legible register in which they shall enter,
in writing, a detailed description to include, but not be limited
to, make, model, serial number, color, appropriate carat weight, gold
content, number and description of stones and engraving or any unique
identifying characteristics, of all property taken, purchased, or
received, including any number that may be in or upon any article,
together with the time and date acquired and a complete description
of the person leaving or selling the property, giving their name,
age, race, sex, color of eyes and hair, weight, height, scars, tattoos
or other identifying physical characteristics, driver's license number,
military identification number, home telephone number, identification
certificate number or other official number capable of identifying
the person, and place of residence, including street and number. The
amount lent shall also be entered in the register together with the
interest charged and the maturity date of the loan. Such entries shall
be made within one (1) hour after the receipt or purchase of the property.
Every entry shall be made in ink and shall not, in any manner, be
erased, obliterated or defaced. The pawnbroker shall get from the
seller or person pledging the property a signed document from the
seller or person pledging the property providing that the seller or
person pledging the property has the right to sell the property.
B. The register and documents provided for
in this Section shall at all times be open to inspection by any Police
Officer or anyone authorized in writing for that purpose by the Chief
of Police. Every pawnbroker shall also, upon request, show and exhibit
to any such person or officer for inspection any article purchased,
taken or received by them.
[R.O. 1996 § 650.140; Ord. No. 2730 § 1, 11-4-1996]
A. At the time of making any secured personal
credit loan, a pawnbroker 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 pawnbroker
shall keep and maintain for inspection in the same manner as the register
a copy or second original of every receipt. The receipt shall contain
the following:
1.
The name and address of the pawnshop;
2.
The name, address and date of birth
of the pledgor, the pledgor's description, and the driver's license
number, military identification number, Social Security number, identification
certificate number, or other official number capable of identifying
the pledgor;
3.
The right index fingerprint of the
pledgor for all pledged goods for which the amount of cash advanced
or credit extended to the pledgor exceeds fifty dollars ($50.00);
4.
The date and time of transaction;
5.
An identification and description
of the pledged goods, including brand name, model and serial numbers,
if reasonably available;
6.
The amount of cash advanced or credit
extended to the pledgor;
7.
The amount of the pawn service charge;
8.
The total amount which must be paid
to redeem the pledged goods on the maturity date;
9.
The maturity date of the pawn transaction;
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.
B. No pawnbroker shall accept pledged property,
or purchase or trade property, unless a photograph or video tape of
the pledgor/seller/trader is taken by the pawnbroker and identified
with the receipt issued to the pledgor/seller/trader. Said photograph
or video tape shall be maintained and be available for inspection
by the Police upon their request. Every pawnbroker shall display a
notice to their customers in a prominent place that the pawnbroker
is required by City ordinance to photograph or video tape every person
pledging, trading or selling an item.
C. If the 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.
D. Receipt entries shall be made in ink or
indelible pencil and said entries shall not be erased, obliterated
or altered in any way so as to cause said entries to become illegible.
E. Receipts must be maintained in a form which
contains a pre-printed, sequential numbering or lettering system.
F. An identifying tag or sticker must be attached
to all pledged goods and shall remain on said pledged goods until
redeemed or otherwise disposed of.
G. Every pawnbroker shall maintain and shall
deliver or otherwise make available, upon request of the Chief of
Police or any designee, a copy of all receipts.
[R.O. 1996 § 650.150; Ord. No. 2730 § 1, 11-4-1996]
The maximum rate of interest which
may be charged for making and carrying any secured personal credit
loan shall not exceed two percent (2%) per month on the amount of
such loan. Pawnbrokers may also charge for the storage and security
of such pledged property.
[R.O. 1996 § 650.160; Ord. No. 2730 § 1, 11-4-1996]
A. 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 borrower
shall pay to the pawnbroker the principal sum of the loan, with the
loan fee or fees, and the interest due thereon to the date of payment,
the pawnbroker shall thereupon deliver possession of the tangible
personal property to the borrower. But if the borrower fails, during
the period of sixty (60) days to make payment, then 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 borrower shall be forever barred.
B. A pledgor shall have no obligation to redeem
pledged goods or make any payment on a pawn transaction.
C. Except as otherwise provided by State Statute,
any person providing proper identification and presenting a pawn ticket
to the pawnbroker shall be presumed to be entitled to redeem the pledged
goods described therein.
[R.O. 1996 § 650.170; Ord. No. 2730 § 1, 11-4-1996]
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 a waiver, in writing or otherwise,
of any right or protection accorded a pledgor under State law or City
ordinance;
4.
Fail to exercise reasonable care
to protect pledged goods from loss or damage;
5.
Fail to return pledged goods to a
pledgor upon payment of the full amount due the pawnbroker for 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. Pawnbrokers
shall not be responsible for loss of pledged articles due to acts
of God, acts of war, or riots. Each pawnbroker shall employ, if reasonably
available, a reputable company for the purpose of fire and theft security.
[R.O. 1996 § 650.180; Ord. No. 2730 § 1, 11-4-1996]
Each pawnbroker shall keep, consistent
with accepted accounting practices, adequate books and records relating
to the pawnbrokers transactions, which books and records shall be
preserved for a period of at least two (2) years from the date of
the last transaction recorded therein.
[R.O. 1996 § 650.190; Ord. No. 2730 § 1, 11-4-1996]
Any person who violates any provision or fails to perform any requirement of this Chapter shall be subject to the general penalty provision of the Blue Springs Code, Section
100.080.