[Ord. No. 2872 §1(54.560), 8-19-2003]
For the purpose of this Chapter, any person engaged in the business
of loaning money on deposit or pledge or personal property or other
valuable thing, or any person engaged in the business of loaning money
upon chattel property so mortgaged, on condition of returning same
upon payment of a stipulated amount of money is hereby declared to
be a pawnbroker, or chattel loan broker.
[Ord. No. 2872 §1(54.561), 8-19-2003]
Any person engaged in the business of pawnbroker or chattel
loan broker shall first obtain a license from the City Clerk.
[Ord. No. 2872 §1(54.562), 8-19-2003]
A.
Any person
desiring a license to engage in business as a pawnbroker or chattel
loan broker shall make application therefor to the City Clerk on forms
provided for such purposes. Such application shall contain:
1.
The
name and address of the owner and the managing agent of the business;
and in the event the applicant is a corporation, a copy of the articles
of incorporation, the name of the officers and shareholders of the
corporation, and the name of the managing agent of the business.
2.
The
exact location where the business is to be conducted, together with
the exact location where any merchandise, goods, and wares may be
stored or kept if other than the business location.
[Ord. No. 2872 §1(54.563), 8-19-2003]
All applications for licenses required by the provisions of
this Chapter shall be approved by the Chief of Police.
[Ord. No. 2872 §1(54.564), 8-19-2003]
The fee for a license required by the provisions of this Chapter shall be as set out in Section 160.250 of this Code.
[Ord. No. 2872 §1(54.565), 8-19-2003]
When reviewing applications for a license required by the provisions
of this Chapter, the Chief of Police shall take into consideration
the criminal record, if any, of the applicant. Where the applicant
is a corporation, the criminal record of the corporate officers and
stockholders shall be taken into consideration. In addition, no license
shall be issued to an applicant who has been convicted of a felony
and in the event the applicant is a corporation, no license shall
be issued where an officer or stockholder has been convicted of a
felony.
[Ord. No. 2872 §1(54.566), 8-19-2003]
When an application for a license required by the provisions
of this Chapter has been denied by the Chief of Police, the applicant
shall have the right to appeal from such denial to the Board of Aldermen.
[Ord. No. 2872 §1(54.567), 8-19-2003]
Licenses to engage in business as a pawnbroker or chattel loan
broker shall be deemed personal to the licensee and shall not be transferable
or assignable.
[Ord. No. 2872 §1(54.568), 8-19-2003]
No person engaged in the business of a pawnbroker or chattel
loan broker shall be allowed to do business other than at the expressly
licensed location and such licensee shall keep or store merchandise,
wares or goods only at those locations specifically listed in the
application for his/her license.
[Ord. No. 2872 §1(54.569), 8-19-2003]
Every license to engage in business as a pawnbroker or chattel
loan broker shall expire annually.
[Ord. No. 2872 §1(54.570), 8-19-2003]
A.
Every
person engaged in the business of a pawnbroker or chattel loan broker
shall keep a book and a card to be furnished by the pawnbroker and
in the form as the card shown in Exhibit #1, (which is on file in
the City offices) in or on which, at the time any loan or purchase
is made, an accurate account or description of the following information:
1.
The
date that all such loans and/or purchases are made.
2.
The
name of any person who has left any type of property or deposit as
a collateral security or as delivery on sale thereof. In addition
to such date and name there shall be written in a plain hand the person's
date of birth, driver's license number, or a description or other
identification of public record.
3.
The
full description of all such property purchased or received on deposit
as collateral security, the manufacturer's identifying insignia or
serial number, if applicable, the time when the loan falls due, the
amount of purchase money or the amount loaned and the charges thereon
for each item.
4.
The
signature of such person.
5.
The
identification and signature of the clerk or agent for the business
who handled the transaction.
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Each of such entries shall be made at the time the loan or purchase
is made. Entries shall not in any manner be erased, obliterated or
defaced and a copy thereof shall be sent to the Chief of Police before
12:00 Noon of the following day. In addition, the pawnbroker shall
give to the person negotiating a loan or selling property a plain
written or printed ticket for the loan and a plain written or printed
receipt of the articles purchased, having on each a copy of the entries
required by this Section to be kept in his/her register, for which
no charge shall be made.
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[Ord. No. 2872 §1(54.571), 8-19-2003]
A.
No pawnbroker
shall accept any article of property as collateral security, or purchase
any article or property:
1.
From
any person under eighteen (18) years of age; or
2.
From
any person who appears to be under the influence of alcohol, or any
narcotic drug, or stimulant, or depressant, or from any person that
openly appears to be mentally incompetent;
3.
Or,
which the serial numbers or other identifying insignia have been destroyed,
removed, altered, covered, or defaced.
[Ord. No. 2872 §1(54.572), 8-19-2003]
It shall be the duty of every pawnbroker or chattel loan broker
to make and deliver to the Chief of Police, every day before the hour
of 12:00 Noon from the book required by this Chapter, or cards provided,
a list of all personal property or other valuable things received
or deposited, purchased or mortgaged during the previous day, together
with the time received or purchased and a description of the person
or persons by whom left in pledge, or from whom the same were purchased;
provided, the report herein required shall not apply to Sundays, but
the report of Monday of each week shall cover the business transactions
of the Saturday previous and also the Sunday previous if any such
transactions shall take place on said last mentioned day; provided,
that no person shall be required to furnish such description of any
property purchased from manufacturers of wholesale dealers having
an established place of business, or of goods purchased at open sale
from any bankrupt stock, or from another person doing business and
having an established place of business; but such goods must be accompanied
by a bill of sale or other evidence of open and legitimate purchase
and must be shown to the Chief of Police, or some person under his/her
direction, or any member of the Police Division, when demanded.
[Ord. No. 2872 §1(54.573), 8-19-2003]
No personal property received on deposit or purchased by any
pawnbroker or chattel loan broker shall be sold or permitted to be
taken from the place of business of such person for the period of
fourteen (14) days after the delivery to the Chief of Police of the
copy and statement as required by this Chapter.
[Ord. No. 2872 §1(54.574), 8-19-2003]
All new articles or property accepted as collateral security
or purchase shall be kept segregated from all other articles or property
in a special area for a period of forty-eight (48) hours after the
same shall have been received by the pawnbroker or his/her agent.
Articles of extreme value, such as jewelry, etc., may be kept in a
safe and grouped together for each day's purchase or pawn.
[Ord. No. 2872 §1(54.575), 8-19-2003]
Notwithstanding the provisions of this Chapter, the pawnbroker
shall be allowed to return to a person any article pawned by that
person after the forty-eight (48) hour period has expired or where
permission has been granted by the Chief of Police or an officer assigned
by him/her.
[Ord. No. 2872 §1(54.576), 8-19-2003]
Every pawnbroker and every person in the employ of such pawnbroker,
shall admit to his/her premises at any reasonable time during normal
business hours, the Chief of Police or any officer assigned by him/her
to examine any pledge, pawn or bought articles, book or other record
on the premises, as well as the articles pledged and to take into
possession by virtue of a police hold any article known to or believed
to have been stolen.
[Ord. No. 2872 §1(54.577), 8-19-2003]
It shall be unlawful for any person not having a license to
display in front of, about or upon his/her premises, any sign or advertisement,
stating that money is loaned on goods, or that any goods of the character
named in this Chapter are bought or sold on said premises.
[Ord. No. 2872 §1(54.578), 8-19-2003]
A.
Any license
issued under the provisions of this Chapter may be suspended or revoked
for the violation by the licensee of:
[Ord. No. 2872 §1(54.579), 8-19-2003]
Before any license issued under the provisions of this Chapter
is suspended or revoked, the licensee shall be given notice of the
date and time for a hearing to show cause, if any there be, why such
license should not be revoked. Such hearing shall be within seven
(7) days of the date of the notice. At the time and place set for
the show-cause hearing, the Board of Aldermen shall hear all the testimony
as to whether or not grounds for the revocation or suspension of the
license exists.
[Ord. No. 2872 §1(54.580), 8-19-2003]
If, upon the conclusion of the hearing thereon, it shall appear
that grounds for the suspension or revocation of a license issued
under the provisions of this Chapter exist, the Board of Aldermen
shall so find and impose such suspension or revocation as they may
deem proper under the circumstances.
[Ord. No. 2872 §1(54.581), 8-19-2003]
Any person violating the provisions of this Chapter or making
a false statement on his/her application for a license shall, upon
conviction thereof, be guilty of a misdemeanor and shall be punished
as provided in this Code.
