[Ord. No. 525 §§1 —
9, 12-15-2003]
A.
As defined
in Chapter 367, RSMo., any pawnbroker operating a pawnshop within
the City limits shall, when making any secured personal credit loan,
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. Said receipt shall comply with the requirements
of Section 367.031, RSMo., as such Section now, or hereinafter, exists.
In addition to the receipt hereinabove described, any such pawnbroker
shall also supply the City's Chief of Police, on a weekly basis, the
following information on forms provided by the City:
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; and
5.
A signed
statement from the pledgor, as to any items of secondhand personal
property pledged, that the pledgor is the owner of such items.
B.
No person
shall operate a pawnshop until such person obtains a municipal pawnshop
license upon application filed with the City Clerk. To be eligible
for a pawnshop license the applicant shall:
C.
A pawnshop
license will not be issued to any applicant who has a felony or misdemeanor
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.
D.
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 Subparagraph (B)(2).
E.
An application
for a new pawnshop license, an application for the transfer of an
existing pawnshop license, or an application 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 or a limited
liability company, the application shall state the full name and address
of each partner or 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:
1.
An investigation
fee of five hundred dollars ($500.00) if the applicant is unlicensed
at the time of applying for the pawnshop license or two hundred fifty
dollars ($250.00) if the application involves a second (2nd) or additional
license to an applicant previously licensed for a separate location
within the City or involves substantially identical principals and
owners of a licensed pawnshop at a separate location within the City;
2.
A pawnshop
license fee of five hundred dollars ($500.00); and
3.
A surety bond as described in Subsection (F).
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Pawnshop licenses must be renewed, and a five hundred dollar
($500.00) pawnshop license fee paid, on an annual basis. The initial
license fee may be prorated for the year of issuance if approval for
proration is first obtained from the Board of Aldermen.
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F.
Each
applicant for a pawnshop license, at the time of filing such application,
shall file with the City a bond satisfactory to the City, in the amount
of five thousand dollars ($5,000.00), issued by a surety company qualified
to do business in this State. The bond shall run to the City for the
use of the City and to any person or persons who may have a cause
of action against the principal named in such bond pursuant to the
provisions of Sections 367.011 to 367.060, RSMo. Such bond shall be
conditioned that the principal will comply with the provisions of
Sections 367.011 to 367.060, RSMo., and all ordinances, rules and
regulations of the City, and will pay to the City, and to any such
person or persons, any and all amounts of money which may become due
or owing to the City or to such person or persons from the principal
under and by virtue of the provisions of Sections 367.011 to 367.060,
RSMo., or any applicable ordinances, during the time such bond is
in effect. The bond described in this Subsection shall remain in effect
so long as the applicant/principal/ licensee continues to operate
a pawnshop business within the City.
G.
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.
H.
No person
who was lawfully operating a pawnshop on August 28, 1990, shall be
required to obtain a license under this Subsection for the continued
operation of such pawnshop, so long as such person does not violate
any other provision of Sections 367.011 to 367.060, RSMo.; except
that such person shall be required to pay the five hundred dollar
($500.00) annual fee prescribed in Subparagraph (E)(2) in lieu of
any municipal occupational license fee.
