City of St. Peters, MO Article XII Pawnbrokers

Section 605.820 License Required.

[R.O. 2007 § 605.825; Ord. No. 3359 § 5, 12-14-2000]

A. No person shall operate a pawnshop unless such person obtains a pawnshop license issued pursuant to this Section. The City may issue a pawnshop license to any person who meets the qualifications of this Section. To be eligible for a pawnshop license, an applicant shall:

1. Be of good moral character;

2. 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; and

3. Show that the pawnshop will be operated lawfully and fairly within the purposes of Sections 367.011 to 367.060, RSMo. In addition to the qualifications specified in Subparagraphs (1) to (3) of this Subsection, the City may also refuse to issue a pawnshop license to any applicant who has a felony, misdemeanor, or ordinance violation conviction which directly relates to the duties and responsibilities of the occupation of pawnbroker or otherwise makes the applicant presently unfit for a pawnshop license.

B. If the City is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop, the City 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.

C. An application for a new pawnshop license, 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 required by the City. If the applicant is a partnership, the City may require that the application state the full name and address of each member. If the applicant is a corporation, the application shall state the full name and address of each officer, shareholder and director. The application shall be accompanied by a criminal history record information (CHRI) name check for licensing purposes pursuant to 11 CSR 30-4.070(3), as amended, for the applicant, issued not more than six (6) months prior to the date of application and substantially similar reports from each state in which the applicant has been a resident at any time within the five (5) years prior to the date of the application.

[Ord. No. 7253, 12-19-2019]

D. Each applicant for a pawnshop license at the time of filing application shall file with the City a bond satisfactory to him/her 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 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.

E. Each licensee shall keep, consistent with accepted accounting practices, adequate books and records relating to the licensee's pawn 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.

F. In addition to the other requirements of this Section for licensure, no license shall be issued under this Section on or after May 20, 1994, for the initial operation of a pawnshop if such pawnshop is to be located within one-half (1/2) mile of a site where an excursion gambling boat dock or facility is located or within one-half (1/2) mile of a site where an application for such an excursion gambling boat dock or facility is on file with the Gaming Commission prior to the date the application for the pawnshop license is filed. The provisions of this Subsection shall not prohibit a pawnshop from being located within one-half (1/2) mile of a dock or facility or proposed dock or facility described in this Subsection if the license for such pawnshop has been issued prior to May 20, 1994.

Section 605.825 Application — Investigation.

[Ord. No. 7253, 12-19-2019]

Application for a pawnbroker's license shall be made to the City Clerk and referred to the Chief of Police or his/her designee for a recommendation as to the applicant's good moral character.

Section 605.827 General Provisions To Apply.

[R.O. 2007 § 605.827; Ord. No. 3359 § 5, 12-14-2000]

The provisions of Article I of Chapter 605 of the City Code shall apply to this Article and any license issued hereunder specifically including, but not limited to, the provisions which address suspension, revocation, denial or renewal of licenses, penalty fees, and the investigation fee set forth in Section 605.013. However, the specific provisions of this Article shall control and take precedence over any provision of Article I of Chapter 605 to the contrary. Any provision of this Article which addresses the same topic as Article I of Chapter 605 but which is not in conflict with the provisions of Article I of Chapter 605 shall be read in conjunction with and as an alternative to the provisions of Article I of Chapter 605.

Section 605.830 Separate License For Each Location.

[R.O. 2007 § 605.830; CC 1979 § 22-57; Ord. No. 863 § 1(11.2(C)), 2-23-1984; Ord. No. 3359 § 5, 12-14-2000]

No pawnbroker shall be allowed to have more than one (1) place for transacting the business of a pawnbroker without having first obtained a license for each place of business.

Section 605.840 License Fee.

[R.O. 2007 § 605.840; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 49, 4-24-2014]

The license fee for the issuance of a pawnbroker license shall be in the amount set forth in the fee schedule at Section 605.013.

Section 605.845 Regulations For Operation As A Pawnbroker.

[R.O. 2007 § 605.845; CC 1979 §§ 22-50, 22-60; Ord. No. 863 § 1(11.2(F)(1) — (12)), 2-23-1984; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5420 § 1, 5-27-2010; Ord. No. 6120 § 50, 4-24-2014]

A. Any operation as a pawnbroker within the City of St. Peters shall comply with the following regulations:

1. Register. Every pawnbroker shall keep a register of all loans and purchases of all articles effected or made by him/her, which register shall show the date of loans or purchases and the names and addresses of all persons who have left any description of property on deposit as a collateral security or as a delivery on sale thereof. Opposite such name and date shall be written in plain hand the pledgor's description including the person's age and motor vehicle operator's or chauffeur's license number, military identification number, identification certificate number, or other official number capable of identifying the pledgor, a full description of all such property purchased or received on deposit as collateral security and an identification of the pledged goods, including the manufacturer's identifying insignia or serial number, if applicable, 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 and the maturity date of the pawn transaction, and the picture number.

a. Receipt. In addition to this, he/she shall give the party negotiating or selling a plain written or printed ticket for the loan and a plain written or printed receipt of the articles purchased, having on each the name and address of the pawn shop, the entries required by this Section to be kept in his/her register and a statement to the effect that the pledgor is not obligated to redeem the pledged goods or make any payment on a pawn transaction, and that the pledged goods may be forfeited to the pawnbroker sixty (60) days after the specified maturity date. For the ticket or receipt, he/she shall not be entitled to make any charge.

b. 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.

c. A pawnbroker shall not purchase or take in trade used or secondhand personal property including, but not limited to, precious metals, coins and gems, unless:

(1) The pawnbroker shall electronically transmit all of the information required to be kept in a register under Subsection (A)(1) above to www.leadsonline.com;

(2) Transmit all such reportable data for one (1) business day to such database prior to the end of the following business day; and

(3) Make available for on-site inspection to any appropriate law enforcement official, upon request, paper copies of such report and any pawn or purchase transaction documents.

2. Photographing Of Persons Pawning Or Selling Articles Required. No pawnbroker shall accept any article or property as collateral security or purchase any article or property unless he/she shall make a photograph of the person from whom such article or property is being received, along with the receipt or pawn ticket given to such person; nor shall any pawnbroker refuse to deliver such photograph to any Law Enforcement Officer upon request in connection with a specific item of stolen property within one (1) year following the date such photograph is taken. Every pawnbroker shall display a notice to his/her customers in a prominent place to the effect that he/she is required, by City ordinance, to photograph every person pawning or selling an item to him/her.

3. Stolen Goods. It shall be the duty of every pawnbroker to report to the Police any article pledged with him/her, or which is sought to be pledged with him/her, if he/she shall have reason to believe that the article was stolen or lost, and found by the person attempting to pledge it, in the case of a lost article.

4. Weapons. No pawnbroker shall receive as a pledge or purchase any revolver, pistol, black jack, or sawed-off shotgun, and no pawnbroker shall display in his/her window or shop any such weapons for sale.

5. Minors. No pawnbroker shall have any business dealings as a pawnbroker with any person under the age of eighteen (18) years, and shall not accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor. No pawnbroker's license shall be issued to any person who is not eighteen (18) years of age or over. No person under eighteen (18) years of age shall be an agent for any pawnbroker.

6. Agent For Pawnbroker. No person shall act as agent for a pawnbroker at any other place than the place of business stated in the application for a license.

7. License issued, persons restricted. No license shall be issued to a person who is not of good moral character.

[Ord. No. 7253, 12-19-2019]

8. Prerequisite Agreement. The applicant for a license to operate as a pawnbroker shall have agreed not to accept as collateral security or to purchase any camera, radio, television set, lawnmower, typewriter, adding machine, calculating machine, copying machine, duplicating machine, tape recorder, tape player, cash register, still or moving picture projector or offset projector, dictating machine, record player, electric buffer, electric polisher or electric floor waxer, unless such item shall have plainly visible thereon the manufacturer's serial number or other identifying insignia.

9. Change Of Address. In the event a licensee under this Article shall change any of the addresses stated in the application during the license term, such licensee shall notify the City Clerk of such change not later than one (1) day after such change.

10. Bond. Every person requesting a license to operate as a pawnbroker shall, prior to issuance of such license, provide the City with a bond in the amount of five hundred dollars ($500.00) as guarantee that he/she will duly observe all ordinances as may be passed or in force respecting pawnbrokers. This bond provision shall be a requirement of initial license issuance only.

11. Hours. No pawnbroker shall receive by way of pledge or pawn any goods, articles or things whatever from any person between the hours of 8:00 P.M. and 7:00 A.M.