[R.O. 1992 § 625.010; Ord. No.
806 § I, 9-26-2013]
The City of Wright City is authorized to provide for the licensing
and regulation of pawnbrokers and those dealing in jewelry, coins
and precious stones pursuant to the provisions of Sections 79.450,
94.270 and 367.011 through 367.060, RSMo., as amended.
[R.O. 1992 § 625.020; Ord. No.
806 § I, 9-26-2013]
As used in this Chapter, the following words shall have the
following meanings:
A person whose background check does not include a felony
or ordinance violation conviction which directly relates to the duties
and responsibilities of the occupation of pawnbroker, including but
not limited to the offenses related to controlled substances, receiving
stolen goods, theft, burglary or robbery, embezzlement, forgery, extortion,
gambling or bribery.
That period of time from one 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.
The book value of the current assets of a person or pawnbroker
less its applicable liabilities as stated in this definition. Current
assets include the investment made in cash, bank 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 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 to be subject to the
claims of general creditors.
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.
The location at which or premises in which a pawnbroker regularly
conducts business.
An individual, partnership, corporation, joint venture, trust,
association or any other legal entity however organized.
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 his business in connection with a pawn transaction.
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.
[R.O. 1992 § 625.030; Ord. No.
806 § I, 9-26-2013]
A.
No person or corporation shall conduct or operate the business of
pawnbroker without having first obtained a license therefor as provided
in this Chapter.
B.
In addition to any other penalty which may be applicable, including
revocation or suspension of any license, any person who operates a
pawnshop pursuant to a license issued pursuant to this Chapter and/or
operates a pawnshop pursuant to Sections 367.011 to 367.060, RSMo.,
who willfully violates any provision of this Chapter or Sections 367.011
to 367.060, RSMo., or who willfully makes a false entry in any records
specifically required by this Chapter or Sections 367.011 to 367.060,
RSMo., shall be guilty of an ordinance violation and upon conviction
thereof shall be punishable by a fine not in excess of five thousand
dollars ($5,000.00), or by confinement in jail for not more than six
(6) months, or by both such fine and imprisonment. Upon the second
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.
C.
Any person who violates the provisions of Section 367.050.2, RSMo.
shall be permanently prohibited from securing or holding a valid pawnshop
license.
[R.O. 1992 § 625.040; Ord. No.
806 § I, 9-26-2013]
A.
Application Required. Application for a new, renewal or transfer
of a pawnbroker's license shall be made to the City Clerk. The
issuance of a Pawnshop license for the applicable license period shall
not create an automatic right to the reissuance of a Pawnshop license
after any license period expires. Every application, whether it is
for a new license, renewal of a license or transfer of a license,
shall be reviewed for compliance with the provisions of this Chapter
and State law for the ensuing license period as provided in this Chapter
and requires an application as provided in this Section.
B.
Application Contents. The application for a Pawnshop license shall
be available from the City Clerk. The application shall require a
Notary and shall be under oath. Each applicant shall be required to
state under oath thereon the full name of and place of residence of
the applicant; the place of business; and the number of employees
intended to be engaged. If the applicant is a partnership, the applicant
must state the full name and address of each member. If the applicant
is a corporation, the applicant shall state the full name and address
of each officer, shareholder, and director. The application shall
also be accompanied by:
1.
A signed authorization form, which shall be part of the under
oath affirmation section on the last page of the application available
from the City Clerk, authorizing the City Police Department to run
a background check on the applicant(s) and provide a set of fingerprints
for all applicant(s) which shall have been taken by the Wright City
Police Department or a statement from the applicant that the applicant
has submitted fingerprints required by this Section; if the applicant
is a partnership, such authorization must be signed by each member;
if the applicant is a corporation, such authorization must be signed
by all officers and directors;
2.
Pursuant to Section 367.043, RSMo., an investigation fee of
five hundred dollars ($500.00) if the applicant is unlicensed to operate
a pawnshop at the time of applying for the Pawnshop license or two
hundred fifty dollars ($250.00) if the application involves a second
or additional pawnshop license to an applicant previously licensed
for a separate location or involves substantially identical principals
and owners of a licensed Pawnshop at a separate location;
3.
Proof of general liability insurance;
4.
A bond satisfactory to the City in an amount of five thousand
dollars ($5,000.00) for each license with a surety company qualified
to do business in this State;
5.
Proof that the applicant has net assets;
6.
A statement that the applicant is familiar with the obligations
and requirements of this Chapter and Sections 367.011 to 367.060,
RSMo. and will operate the pawnshop lawfully and fairly within the
purposes of such laws; and
C.
Background Check. Upon receiving a complete application, the City
Clerk shall send to the Chief of Police the authorization form and
set of fingerprints or statement that the applicant(s) have already
submitted his/her/their fingerprints to the Police Department. After
receiving from the City Clerk the authorization form signed by all
applicable applicants and either a set of fingerprints or such statement,
the Chief of Police or other officer of the City designated by the
Board of Aldermen shall cause a background check to be run on the
applicant. The Chief of Police or other person who caused the background
check to be run shall review such results and report in writing to
the City Clerk whether the applicable applicants are of good moral
character, as defined in this Chapter.
D.
License Approval. The City Clerk shall approve the issuance of a
new or renewal Pawnshop license or allow transfer of such Pawnshop
license if the City Clerk determines that the applicant:
1.
Is of good moral character (which shall be determined based
upon the background check);
2.
Has proved that the applicant has 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. If the City Clerk
is unable to verify that the applicant meets the net assets requirement
for a licensed Pawnshop based on the information provided in the application,
the City Clerk may, at the sole cost of the applicant, require a finding
including requiring an independent certified public accountant to
provide a current balance sheet and written statement that the accountant
has reviewed the books and records of the applicant and that the applicant
meets the net assets requirement of this Section; and
3.
Has sworn that the Pawnshop will be operated lawfully and fairly
within the purposes of Sections 367.011 to 367.060, RSMo. and this
Chapter.
E.
License Denial. The City Clerk shall deny the application for a pawnshop license, whether for a new, renewal or transfer of a pawnshop license, if the applicant fails to satisfy any of the requirements of Section 625.040(A) through (D). In addition to failure to meet the requirements of Subsections (A) through (D) above, the City Clerk may also deny the renewal of or transfer of a license if the applicant for a licensed business was operating during the preceding licensing period in contravention of this Chapter or Sections 367.011 to 367.060, RSMo., has been found to have violated Section 367.050, RSMo., has failed to pay any other fees or taxes due and owing to the City, has operated or continues to operate in violation of this Chapter or any State or Federal law. Upon denial of any application, the City Clerk shall return any bond provided with the applicant's application, and shall refund the applicant's annual license fee that was submitted with the application, provided the applicant is not otherwise indebted to the City. No hearing is required for a denial of an application whether for an initial Pawnshop license or renewal of a Pawnshop license.
[R.O. 1992 § 625.050; Ord. No.
806 § I, 9-26-2013]
In addition to the investigation fee, the annual fee for a pawnbroker's
license shall be five hundred dollars ($500.00) per annum as mandated
by Section 367.043, RSMo.; provided that, no license shall be issued
for less than six (6) months, and no license shall be issued until
the fee is paid. This license fee shall be due on the first day of
January of each year.
[R.O. 1992 § 625.060; Ord. No.
806 § I, 9-26-2013]
A.
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 such place of business.
B.
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.
[R.O. 1992 § 625.070; Ord. No.
806 § I, 9-26-2013]
In the event a licensee under this Chapter shall change any
of the address stated in the application during the term for which
the license is issued, such licensee shall notify the license collector
of such change not later than one (1) day after such change.
[R.O. 1992 § 625.080; Ord. No.
806 § I, 9-26-2013]
A.
Any license issued under this Chapter may be revoked or suspended
for any violation of any provision of this Chapter or Sections 367.011
to 367.060, RSMo., subject to the following procedures:
1.
Immediate Suspension Procedure. If the Chief of Police believes
that the safety, morals or peace of the residents of the City are
immediately affected by a suspected violation of any provisions of
this Chapter or Sections 367.011 to 367.060, RSMo., he/she may immediately
suspend the license. The suspended licensee shall not conduct business
during such suspension. A hearing before the Board of Aldermen and
Mayor shall be conducted within five (5) days following the suspension.
After such hearing where evidence is presented, the Mayor and Board
of Aldermen after consideration of all evidence may revoke such license,
continue the suspension, overturn the suspension, or take such other
action as may be appropriate under the circumstances.
2.
Suspension And Revocation Procedure. If the Chief of Police
believes that the suspected violation is not of such imminent hazard
to the safety, morals or peace of the residents of the City, he/she
shall cause a hearing to be scheduled prior to taking any suspension
or revocation action. The licensee shall be given at least ten (10)
days' notice of the hearing. At such hearing the licensee shall
show cause why the license should not be suspended or revoked. After
such hearing where evidence is presented, the Mayor and Board of Aldermen
after consideration of all evidence may suspend or revoke such license
or take no action.
[R.O. 1992 § 625.090; Ord. No.
806 § I, 9-26-2013]
No person or corporation shall conduct or operate a business
of pawnbroker in violation of any of the provisions of this Chapter
or Sections 367.011 to 367.060, RSMo., as amended.
[R.O. 1992 § 625.100; Ord. No.
806 § I, 9-26-2013]
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 pursuant to and in accordance with Section 367.031, RSMo., and the pawnbroker shall provide access to appropriate law enforcement officials and is authorized to charge reasonable costs pursuant to and in accordance with Section 367.031, RSMo.
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 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 receipt shall contain the following:
1.
The name and address of the pawnshop;
2.
The name and address of the pledgor, the pledgor's description,
and the driver's license number, military identification number,
identification certificate number, or other official number capable
of identifying the pledgor;
3.
The date of the transaction;
4.
An identification and 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; and
9.
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.
D.
The pawnbroker shall provide copies of the information contained in Subsection C(1) through (4) of this Section to City Law Enforcement Officers upon request. The pawnbroker may satisfy such requirements by transmitting such information electronically to the computerized registry in accordance with Section 367.031, RSMo., except that paper copies shall be made available for an on-site inspection upon request of any appropriate Law Enforcement Authority.
E.
If the pawn receipt is lost, destroyed or stolen, the pledgor may
so notify the pawnbroker in writing. Receipt of such notice shall
invalidate such pawn receipt, if the pledged goods have not already
been redeemed. Before delivering the pledged goods or issuing another
pawn receipt, the pawnbroker shall require the pledgor to make a written
affidavit of the loss, destruction or theft of the receipt. 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. 1992 § 625.110; Ord. No.
806 § I, 9-26-2013]
A.
Each pawnbroker doing business within the City shall:
1.
Cooperate with all Law Enforcement Officers;
2.
Comply with the procedures and obligations concerning procedure
to identify and recover misappropriated goods as outlined within Section
367.044, RSMo.;
3.
Keep, consistent with accepted accounting practices, adequate
books and records relating to the pawnbroker'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;
and
4.
Employ, if reasonably available in his area, a reputable company
for the purpose of fire and theft security.
B.
The maximum rate of interest charged for making and carrying any
secured personal credit loan shall not exceed two percent (2%) per
month.
C.
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 Sections 367.011 to 367.060, RSMo.;
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 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. Pawnbrokers shall not be responsible for loss of pledged
articles due to acts of God, acts of war, or riots;
6.
Accept as collateral security or purchase any photographic equipment,
electronics, tools and equipment or any other item that would commonly
bear a manufacturer's serial number, unless said item has a plainly
visible manufacturer's serial number affixed; and
7.
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.
[R.O. 1992 § 625.120; Ord. No.
806 § I, 9-26-2013]
No pawnbroker shall accept any article or property as collateral
security, or purchase any article or property without a photograph
of the transaction being made, 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 said pawnbroker and keep all such photographs
for at least one (1) year.
[R.O. 1992 § 625.130; Ord. No.
806 § I, 9-26-2013]
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 it is not paid when due, the loan shall
be considered in default on the day following the due date.
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-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 receipt to the pawnbroker shall
be presumed to be entitled to redeem the pledged goods described therein.
[R.O. 1992 § 625.140; Ord. No.
806 § I, 9-26-2013]
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.
[R.O. 1992 § 625.150; Ord. No.
806 § I, 9-26-2013]
A.
The computerized register and photographs provided for in this Chapter
shall at all times be open to the inspection of the City Police Officers
or the State of Missouri under Chapter 590, RSMo.
B.
All records and information that relate to a pawnbroker's pawn,
purchase or trade transactions and that are delivered to or otherwise
obtained by an appropriate Law Enforcement Officer pursuant to this
Chapter and Sections 367.031 and 367.040, RSMo. are confidential and
may be used only by such appropriate Law Enforcement Officer and only
for the following official law enforcement purposes:
1.
The investigation of a crime specifically involving the item
of property delivered to the pawnbroker in a pawn, purchase or trade
transaction;
2.
The investigation of a pawnbroker's possible specific violation
of the recordkeeping or reporting requirements, but only when the
appropriate Law Enforcement Officer, based on a review of the records
and the information received, has probable cause to believe that such
a violation occurred; and
3.
The notification of property crime victims of where property
that has been reported misappropriated can be located.
C.
Upon request, a Law Enforcement Officer may inspect property that is described in information furnished by the pawnbroker pursuant to Subsection C(1) through (4) of Section 625.100. 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 Officer placing
the hold order;
4.
The name and address of the Officer 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.
D.
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 recordkeeping
purposes at no cost to the pawnbroker.
E.
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-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-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.
F.
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 City Police Department.
G.
Except as provided in Subsection F 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.
H.
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.
[R.O. 1992 § 625.160; Ord. No.
806 § I, 9-26-2013]
[R.O. 1992 § 625.170; Ord. No.
806 § I, 9-26-2013]
The fees collected under this Chapter are mandated by State
law and are not and shall not be deemed to be City-imposed fees. Any
fee collected by the City as directed by and in accordance with Sections
367.011 to 367.060, RSMo., as amended, that is found by a court of
competent jurisdiction to be invalid, shall be subject to refund by
the City in accordance with law.
