[Ord. No. 525 §§1 — 9, 12-15-2003]
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:
The name and address of the pawnshop;
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;
The date of the transaction;
An identification and description of the pledged goods, including serial numbers if reasonably available; and
A signed statement from the pledgor, as to any items of secondhand personal property pledged, that the pledgor is the owner of such items.
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:
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.
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).
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:
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;
A pawnshop license fee of five hundred dollars ($500.00); and
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.
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.
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.