[Ord. No. 1322 §1, 3-17-2010]
As used in this Chapter, the following words shall have these
prescribed meanings:
Any person who loans money on deposit or pledge of personal
property or other valuable thing, other than intangible personal property,
or who deals in the purchase of personal property on the condition
of selling the same back again at a stipulated price.
Pawnbroker does not include any person operating under the
supervision of the State Banking Commissioner, Credit Union Administrator
or the Consumer Credit Commissioner of this State.
Any individual, firm, company, partnership, corporation or
association.
Gold, silver or platinum group metals or any used articles
or other used personal property containing such metals, but shall
not include coins purchased for their numismatic value rather than
their metal content or ingots or other industrial residue or by-products
composed of such metals purchased from manufacturing firms.
Any person who engages in the business of purchasing precious
metal for the purpose of reselling such metal in any form.
[Ord. No. 1322 §1, 3-17-2010]
A.
No personal
shall engage or continue in business as a pawnbroker or precious metal
dealer without first obtaining a license therefore from the City Clerk.
B.
Application
for a license shall be in writing and shall state the full name and
place of residence of the applicant. If the applicant is a partnership,
the application shall contain the name and place of residence of each
member thereof or, if a corporation or association, of each officer,
shareholder or member thereof. The application shall include the address
of the places where the business is to be conducted, the hours and
days of the week during which the applicant proposes to engage in
the business of pawnbroking or dealing in precious metals at each
such place, and such other information as may be necessary to determine
the applicant's qualifications for a license in accordance with the
provisions of this Chapter. Each applicant also shall submit with
the application:
1.
A statement
that the applicant is the holder of a valid registration certificate
issued by the Director of Revenue pursuant to K.S.A. 79-3608 for each
such place of business for which application for a license is made;
and
2.
A detailed
inventory and description of all goods, wares, merchandise, precious
metals or other property held in pledge or for sale at the time of
the application at each place of business stated therein, indicating
whether the same was received in pledge, purchased as secondhand merchandise
or precious metal purchased for resale.
C.
The license
application shall be in a form approved by the Attorney General. Each
application shall be accompanied by an application fee as established
by the City which shall be paid annually upon renewal of the license.
All such fees received by the City Clerk shall be deposited in the
City General Fund.
[Ord. No. 1322 §1, 3-17-2010]
A.
No license
or any renewal thereof shall be granted to:
1.
Any
person who is not a citizen of the United States;
2.
Any
person who has not been an actual resident of the State of Kansas
for at least two (2) years immediately preceding the date of his application;
3.
Any
person who has been convicted of or has pleaded guilty to a felony
under the laws of this State, or any other State, or of the United
States, or shall have forfeited his bond to appear in court to answer
charges for any such offense within the ten (10) years immediately
prior to such person's application for a license;
4.
Any
person who has had his license revoked for cause under the provisions
of this Chapter;
5.
Any
person who is not at least twenty-one (21) years of age;
6.
Any
person who at the time of application for renewal of any license issued
hereunder would not be eligible for such license upon a first (1st)
application;
7.
Any
person who does not own the premises for which a license is sought,
unless he has a written lease therefore for at least three-fourths
(¾) of the period for which the license is to be issued;
8.
Any
person whose spouse would be ineligible to receive a license hereunder
for any reason other than the age, citizenship and residence requirements;
9.
Any
partnership, unless all of the partners shall be eligible to receive
a license as an individual; and
10.
A
corporation, if any officer, manager, director or stockholder would
be ineligible to receive a license as an individual.
[Ord. No. 1322 §1, 3-17-2010]
A.
It shall
be unlawful for any shareholder of a corporate licensee to transfer
any stock in said corporation or any person who would be ineligible
to receive a license as an individual and any such transfer shall
be null and void; provided that if any such stockholder of a corporate
licensee shall become deceased, and his heirs or devisees to whom
said stock descends by descent and distribution or by will shall be
ineligible to receive a license hereunder, then the legal representatives
of said deceased stockholder's estate, his heirs and devisees shall
have fourteen (14) months from the date of the death of said stockholder
within which to sell said stock to a person eligible to receive a
license hereunder, with such sale to be made in accordance with the
provision of the probate code and any amendments thereto. If said
legal representatives, heirs and devisees shall fail, refuse or neglect
to so convey said stock within the time hereinbefore prescribed, then
said stock shall revert to and become the property of the corporation,
for which the corporation shall pay to said legal representatives,
heirs or devisees the book value of such stock. If the stock in any
corporation shall be the subject of any trust heretofore or hereafter
created, the trustee or trustees and the beneficiaries of each trustee
and beneficiary of said trust who is twenty-one (21) years of age
or order must be a person who would be eligible to receive a license,
or the trustee shall be and he is hereby authorized and required,
within fourteen (14) months after the effective date of the trust,
to sell said stock to a person eligible to receive a license under
this Chapter, and he shall hold and disburse the proceeds thereof
in accordance with the terms of the trust, or the license of the corporation
shall be forfeited.
B.
During
the fourteen (14) month period hereinbefore mentioned, a corporation
shall not be denied a license or have its license revoked if it meets
all of the other requirements necessary to have a license as provided
in this Chapter.
[Ord. No. 1322 §1, 3-17-2010]
The document or other instrument evidencing the license of a
pawnbroker or previous metal dealer shall state the address at which
the business is to be conducted and shall state fully the name of
the licensee. If the licensee is a partnership, the license shall
state the names of the members thereof and, if a corporation, the
date and place of its incorporation and the names of all shareholders
thereof. Such license shall be kept conspicuously posted in the place
of business of the licensee and shall not be transferable or assignable.
Not more than one (1) place of business shall be maintained under
the same license, but more than one (1) license may be issued to the
same licensee upon compliance with all the provisions of this Chapter
governing the issuance of an initial license.
[Ord. No. 1322 §1, 3-17-2010]
Whenever a licensee shall change his place of business to another
location within this City, he immediately shall give written notice
thereof to the City Clerk who then shall issue a duplicate license
which shall show, in addition to all of the information appearing
on the old license, a record of the change of location and the date
thereof, which new license shall be authority for the operation of
such business under such license at such location. The licensee shall
return the old license to the appropriate Clerk as soon as the new
license has been received and the change in location has taken place.
No change in the place of business of a licensee to a location outside
of the City shall be permitted under the same license.
[Ord. No. 1322 §1, 3-17-2010]
Each licensee shall keep and use in the licensee's business
such books, accounts and records as will enable the City issuing the
licensee's license to determine whether such licensee is complying
with the provisions of this Chapter. The City may examine or cause
to be examined the books, accounts, records and files used by any
licensee or by any other person engaged in the business of pawnbroking
or dealing in precious metals, irrespective of whether such person
acts or claims to act as principal, agent or broker or under or without
authorization of this Chapter. The duly designated representatives
of the City shall have and be given free access to all such books,
accounts, papers, records, files, safes and vaults.
[Ord. No. 1322 §1, 3-17-2010]
A.
Any license
issued under this Chapter may be suspended or revoked, after due notice
and public hearing, if the licensee:
1.
Has
failed to pay the annual license fee;
2.
Has
violated any provision of this Chapter; or
3.
Has
been convicted of or has pleaded guilty to a felony under the laws
of this State, or any other State, or of the United States, or shall
have forfeited his bond to appear in court to answer charges for any
such offense, if such conviction or plea occurred subsequent to or
within the ten (10) years immediately prior to the date of the licensee's
application for the license.
B.
Any license
issued under this Chapter shall be revoked, after due notice and hearing
thereon, if it shall be proved at the hearing that the licensee sold
any handgun to a minor.
C.
Said
hearing herein provided shall be held within thirty (30) days after
notice thereof, and the alleged violation determined by written order
of the City issuing the license within sixty (60) days after such
hearing is concluded; but no revocation or suspension or surrender
of any license shall impair or affect the obligation of any pre-existing
lawful contract between the licensee and any borrower.
[Ord. No. 1322 §1, 3-17-2010]
A.
Every
loan made by a pawnbroker for which goods are received in pledge as
security shall be evidenced by a written contract, in ink, a copy
of which shall be furnished to the borrower. The loan contract shall
set forth the loan period, which shall be one (1) month, the date
on which the loan is due and payable and the charges, and it shall
clearly inform the borrower of his right to redeem the pledge during
the redemption period of two (2) months after due date. Except as
otherwise provided herein, the owner of any such contract shall be
presumed to be the person entitled to redeem the pledge, and the pawnbroker
shall deliver the pledge to the person presenting the contract, upon
payment of the principal and charges.
B.
Every
pawnbroker shall retain in his possession, after the date on which
the loan became due and payable, every article pledged to him for
a redemption period of two (2) months. During such period, the borrower
may redeem the pledged articles, upon payment of the principal and
charges. It shall be unlawful for any pawnbroker to sell or transfer
title or possession of any pledged property until the expiration of
such period of redemption.
C.
If any
pledged article is not redeemed within such redemption period, the
pawnbroker shall become vested with all right, title and interest
of the pledgor, or his assigns, to such pledged article, to hold and
dispose of as his own property. Any other provision of law relating
to the foreclosure and sale of pledges shall not be applicable to
any pledge, the title to which is transferred in accordance with this
Section.
[Ord. No. 1322 §1, 3-17-2010]
A.
On or
before Tuesday of each week, or at more frequent intervals if requested,
every pawnbroker or precious metal dealer shall report the description
of all property received in pledge or purchased as a pawnbroker or
precious metal dealer during the preceding calendar week, in whatever
quantity received. Such report shall include all property purchased
as secondhand merchandise at wholesale, secondhand merchandise taken
in for sale or possessed on consignment for sale and secondhand merchandise
taken in trade. No such report need be made concerning property or
merchandise acquired from another pawnbroker or precious metal dealer
licensed in this State in a transaction involving the purchase or
other acquisition from the other pawnbroker or precious metal dealer
of the other pawnbroker's or dealer's stock in trade, or a substantial
part thereof in bulk, where the other pawnbroker has made the reports
required by this Section with respect to such property.
B.
If a
transaction required to be reported under this Section takes place
within the territorial limits of Mission, the report shall be submitted
to the Chief of Police of the City. If the transaction takes place
outside the territorial limits of any such City, the report shall
be submitted to the Sheriff of the County in which the transaction
takes place.
C.
All reports
made pursuant to this Section shall comply with and be submitted in
accordance with the term of any applicable City ordinances requiring
such reporting.
D.
Every
precious metal dealer shall retain in the dealer's possession for
a period of ten (10) days all precious metal purchased as a precious
metal dealer, and such metal shall remain in the condition in which
it was purchased. The ten (10) day period shall commence on the date
that the Police Chief receives the report of its acquisition in compliance
with this Section. If the Police Chief has probable cause to believe
that any precious metal reported by a dealer has been stolen, the
Police Chief may give written notice to the dealer to retain such
metal for an additional period of fifteen (15) days. Upon such notice,
the dealer shall retain such metal in an unaltered condition for the
additional fifteen (15) day period unless the Police Chief notifies
the dealer in writing that the waiting period is terminated at an
earlier time.
E.
Reports
made pursuant to this Section shall be available for inspection only
by Law Enforcement Officers and City, County and district attorneys
and their employees for law enforcement purposes.
[Ord. No. 1322 §1, 3-17-2010]
A.
At the
time of making a loan, a pawnbroker shall enter in a book kept for
that purpose:
B.
At the
time of purchasing precious metal, a precious metal dealer shall enter
in a book kept for that purpose:
C.
The record
required by this Section shall be maintained by the pawnbroker or
precious metal dealer at the pawnbroker's or dealer's place of business
for not less than one (1) year following the date of transaction.
[Ord. No. 1322 §1, 3-17-2010]
A.
No pawnbroker
shall receive in pledge, or as security for any loan, transfer, service,
undertaking or advantage, anything of value from any person under
the age of eighteen (18) years.
B.
No precious
metal deal shall purchase any precious metal from any person under
the age of eighteen (18) years.
[Ord. No. 1322 §1, 3-17-2010]
Law Enforcement Officers of the City shall have access during
regular business hours to the place of business of any pawnbroker
or precious metal dealer conducting business in the City. Access shall
be for the purpose of periodically inspecting property pledged or
purchased in the transaction of the business of the pawnbroker or
precious metal dealer, and records relating to those transaction,
to determine if the pawnbroker or dealer is complying with the provisions
of the Chapter.
[Ord. No. 1322 §1, 3-17-2010]
A.
No pawnbroker
shall contract for, charge or receive directly or indirectly on or
in connection with any pawnbroker transaction any charges, whether
for interest, storage, insurance, service fee, handling, compensation,
consideration or expense which in the aggregate are greater than the
charges provided and authorized by this Chapter. Any other provisions
of law relating to interest, storage and such charges shall not be
applicable to any pawnbroker transaction made in accordance with this
Chapter.
B.
Whenever
any loan is made by a pawnbroker for which goods are received in pledge:
C.
The term
of any loan made under the provisions of this Chapter shall be one
(1) month. Loans may be extended or renewed by the payment of the
charges herein provided monthly. The charges authorized herein shall
be deemed to be earned at the time the loan is made and shall not
be subject to refund. On loans under this Chapter, no insurance charges
or any other charges of any nature whatsoever shall be permitted.
[Ord. No. 1322 §1, 3-17-2010]
A.
A precious
metal dealer shall require of every person from whom the dealer purchases
precious metal for resale:
B.
When
converted or stolen property has been pawned or sold to a precious
metal dealer and the pawnbroker or dealer refuses to redeliver such
property to the rightful owner upon demand and presentation of a bill
of sale or other proper evidence of ownership by the owner, and legal
action by the rightful owner to recover the property becomes necessary,
the court may assess the pawnbroker or dealer for reasonable attorneys'
fees incurred by the rightful owner if the court finds that the pawnbroker
or dealer wrongfully finds that the pawnbroker or dealer wrongfully
withheld the converted or stolen property.
[Ord. No. 1322 §1, 3-17-2010]
Any violation of any provision of this Chapter shall be punishable
by a one thousand dollar ($1,000.00) fine and/or one hundred eighty
(180) days in jail. Each violation shall constitute a separate offense.
[Ord. No. 1322 §1, 3-17-2010]
Whenever he has reason to believe a violation of this Chapter
has occurred, the City Attorney or any of his deputies shall prosecute
every case to final judgment in the City wherein the alleged offense
was committed.
