[Ord. No. 090407 §1, 9-4-2007]
The following words, terms and phrases, when used in this Chapter, shall have the meaning ascribed to them in this Chapter, except where the context clearly indicates a different meaning:
MONTH
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 the computations are made for a fraction of a month, a day shall be one-thirtieth (1/30) of a month.
NET ASSETS
The book value of the current assets of a person or pawnbroker less its applicable liabilities as stated in this Subdivision. Current assets include the investment made in cash, bank deposits, merchandise inventory and loans due from customers excluding the pawn estate, furniture, fixtures or equipment; investments made in stocks, bond 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.
PAWNBROKER
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.
PAWNSHOP
The location at which or premises in which a pawnbroker regularly conducts business.
PERSON
An individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized.
PLEDGED GOODS
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.
PLEDGOR
A person who deposits or otherwise delivers tangible property other than choses in action, securities or printed evidences of indebtedness to a pawnbroker and receives a secured personal credit loan therefore.
SECURED PERSONAL CREDIT LOAN
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.
[Ord. No. 090407 §1, 9-4-2007]
The provisions of this Chapter shall apply to all pawnbrokers in the City.
[Ord. No. 090407 §1, 9-4-2007]
A. 
No person shall operate a pawnshop or carry on business as a pawnbroker within the City unless such person obtains a business license and a pawnbroker license issued by the City pursuant to this Chapter.
B. 
A license is required of every pawnbroker for each place where such business is transacted and it shall be unlawful for anyone to act as agent or solicitor for any pawnbroker while such pawnbroker is engaged in such business at a place other than that specified in the license.
[Ord. No. 090407 §1, 9-4-2007]
A. 
A license may be issued to any established pawnbroker or person seeking to become an established pawnbroker upon:
1. 
Payment of annual fee required in Section 607.060;
2. 
Payment of the investigation fee required in Section 607.050;
3. 
Proof of general liability insurance filed with the City covering all of the applicant's operations, including pledged goods. Such insurance shall provide a minimum coverage of at least one hundred thousand dollars ($100,000.00). Such policy shall provide that the City be notified of any cancellation or alteration by the insurance carrier within ten (10) days before such cancellation or alteration becomes effective;
4. 
Proof of good moral character;
5. 
Proof of net assets of at least fifty thousand dollars ($50,000.00) readily available for use in conducting business as a pawnbroker for each licensed pawnshop in accordance with Section 607.080;
6. 
An affidavit signed before a notary stating that the pawnshop will be operated lawfully and fairly within the provisions of this Chapter and Sections 367.011 to 367.060, RSMo., all other ordinances of the City, the laws of the State and of the United States in conducting its business;
7. 
Proof that the applicant has not been convicted of a misdemeanor or felony which directly relates to the duties and responsibilities of the occupation of pawnbroker or otherwise makes the applicant presently unfit for a pawnshop license;
8. 
Posting the bond required in Section 607.070;
9. 
Approval of the Board of Aldermen.
[Ord. No. 090407 §1, 9-4-2007]
A. 
Form. Applicants for a license under this Chapter may procure the proper form by written request to the Chief of Police of the City.
B. 
Content. An application for a new pawnshop license, the transfer of an existing pawnshop license or the approval of a change in the ownership of a licensed pawnshop shall be filed with the Chief of Police and shall:
1. 
Be made by notarized affidavit;
2. 
State the full name and place of residence of the applicant(s);
a. 
If the applicant is a partnership, state the full name and address of each partner;
b. 
If the applicant is a corporation, state the full name and address of each officer, shareholder and director.
3. 
State the place where the business is to be conducted;
4. 
State whether the applicant has been convicted of a felony or misdemeanor and, if so, what felony and/or misdemeanor;
5. 
State that the applicant will comply with provisions of this Chapter, Section 367.011 to 367.060, RSMo., all other ordinances of the City, the laws of the State and of the United States in conducting the business;
6. 
Disclose the true ownership and management of the business;
7. 
Show that the applicant has obtained a City business license;
8. 
Demonstrate that the applicant has a valid retail sales license issued by the State Director of Revenue as required by Section 144.083, RSMo.;
9. 
Provide all other information requested on the application form.
C. 
Incomplete Information. It shall be unlawful for any person to fail to make a complete disclosure of all pertinent and material information required in the application for a license under this Chapter.
D. 
False Statements. It shall be unlawful for any person in obtaining or attempting to obtain a license under this Chapter to make any materially false statement in the application for a license under this Chapter.
E. 
Full, True And Complete Answers Required. No license shall be granted hereunder unless the applicant renders full, true and complete answers to all questions contained on such application, and should an applicant make, or cause to be made, any false statements of a material matter in the application, the same shall be deemed cause for suspension or revocation by the City or any license issued pursuant to such application.
[Ord. No. 090407 §1, 9-4-2007]
A. 
The Chief of Police shall supervise the investigation of each application received for a license under this Chapter: the character, background and financial ability of the applicant together with the suitability of the location and surrounding conditions of the proposed premises.
B. 
The Chief of Police may at any reasonable time request that the applicable fire authority, Director of Public Works and Code Enforcement Officer make investigations the of licensed premises and furnishings thereon to determine if the premises are in compliance with all the requirements of the City within the jurisdiction of such officers.
C. 
Upon completion of such investigation, the respective departments shall return to the Chief of Police a written report of same stating therein their respective findings.
D. 
The Chief of Police shall also prepare a written report (including any reports prepared by any other officials conducting inspections at the Chief's request) for review by the Board of Aldermen.
E. 
Investigation Fee. Every first time applicant shall pay a non-refundable investigation fee of five hundred dollars ($500.00). Every applicant seeking to renew a current existing license or attempting to obtain licenses in addition to those licenses already issued (including licenses necessary for additional or separate locations within the City) shall pay a non-refundable investigation fee of two hundred fifty dollars ($250.00).
[Ord. No. 090407 §1, 9-4-2007]
A. 
The applicant shall pay a non-refundable and non-transferable annual fee of five hundred dollars ($500.00). Said fee is to be paid prior to application approval and in addition to the investigation fee.
B. 
No license shall be issued until the fee is paid.
C. 
The pawnbroker's application shall be renewed each year by paying the annual five hundred dollar ($500.00) fee and updating the application for a pawnbroker's license.
D. 
Each license shall expire on December thirty-first (31st) of same calendar year in which the license was originally issued.
[Ord. No. 090407 §1, 9-4-2007]
A. 
Each applicant for a pawnshop license at the time of filing the application shall file with the City a bond satisfactory to the City in the amount of five thousand dollars ($5,000.00) for each license with a surety company qualified to do business in the State of Missouri. The aggregate liability of such surety shall not exceed the amount stated in the bond.
B. 
The bond shall run to the State for the use of the State and of any person or persons who have a cause of action against the obligator of such bond under the provisions of Sections 367.011 to 367.060, RSMo.
C. 
Such bond shall be conditioned that the obligator will comply with all ordinances, rules and regulations lawfully made by the City and with the provision of Sections 367.011 to 367.060, RSMo., and that such bond will pay to the State and to any person or persons any and all amounts of money that may become due or owing to the State or to such person or persons from such obligator under and by virtue of the provisions of Sections 367.011 to 367.060, RSMo., during the time such bond is in effect.
[Ord. No. 090407 §1, 9-4-2007]
A. 
The applicant shall provide the following information to establish that the applicant has net assets as defined in Section 607.010 of at least fifty thousand dollars ($50,000.00) readily available for use in conducting business as a pawnshop. Net assets must represented by a capital investment unencumbered by any liens or other encumbrances to be subject to the claims of general creditors. This requirement shall be met by:
1. 
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 has readily available net assets of at least fifty thousand dollars ($50,000.00) as defined in Section 607.010 herein; or by
2. 
A showing that the book value of the applicant's current assets less the applicable liabilities are equal to or greater than fifty thousand dollars ($50,000.00) wherein:
a. 
Current assets include investment made in cash, bank deposits, merchandise inventory and loans due from customers excluding the pawn service charge and to not include:
(1) 
Investments made in fixed assets of real estate, furniture, fixtures or equipment;
(2) 
Investments made in stocks, bonds or other securities;
(3) 
Investments made in prepaid expenses or other general intangibles; and
b. 
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 and to not include liabilities secured by assets other than current assets.
[Ord. No. 090407 §1, 9-4-2007]
A. 
At the time of making any secured credit loan, the pawnbroker shall execute and deliver to the pledgor 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 good, 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 pledge 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.
B. 
The pawnbroker shall keep copies of all receipts executed and delivered to pledgers.
C. 
Every pawnbroker shall keep a legible register of all secured personal credit loans, trades and purchases of property with every entry made within one (1) hour after the receipt, trade or purchase of the property and such register shall contain the following information:
1. 
The name and address of the pawnshop;
2. 
The name and address of the pledgor, the pledgor's description (age, sex, nationality, color of eyes and hair, height, weight) and the driver's license number, military identification number, identification certificate, or other official number capable of identifying the pledgor;
3. 
The date of the transaction;
4. 
An identification and full description of the pledged, traded or purchased goods, including serial numbers, if reasonably available.
D. 
No pawnbroker shall accept pledged property, or purchase or trade property, unless a photograph of the pledgor/sell/trader is taken by the pawnbroker and identified with the receipt issued to the pledgor/seller/trader. Every pawnbroker shall display a notice to his customers in a prominent place that the pawnbroker is required by City ordinance to photograph every person pledging, trading or selling an item.
E. 
Every pawnbroker shall keep a photograph of the pledged good and the pledgor.
[Ord. No. 090407 §1, 9-4-2007]
A. 
The pawnbroker shall provide a copy of the register provided for in Section 607.090 to the Police Department on a weekly basis and shall at all times keep the register available to inspection by any City Law Enforcement Officer upon request.
B. 
Every pawnbroker shall also, upon request, show to any City Law Enforcement Officer any article purchased, taken or received in the pawnshop.
C. 
Every pawnbroker shall make available the photographs taken pursuant to Section 607.090 to any Law Enforcement Officer in the City upon request.
D. 
Every pawnbroker shall make available the written statements taken pursuant to Section 607.110 to any Law Enforcement Officer in the City upon request.
E. 
Every pawnbroker shall make available the books and records taken pursuant to Section 607.150 to any Law Enforcement Officer in the City upon request.
[Ord. No. 090407 §1, 9-4-2007]
Upon receipt of written notification by pledgor that a pawn ticket is lost, destroyed or stolen, and if the goods have not previously been redeemed, the pawnbroker shall invalidate said pawn ticket. Before delivering the pledged goods or issuing a new pawn ticket, the pawnbroker shall require the pledgor to make a written affidavit of the loss, destruction or theft of the ticket. The pawnbroker shall record in the written statement the identifying information required, 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 Secretary of State to perform notarial acts in this State.
[Ord. No. 090407 §1, 9-4-2007]
A. 
Every secured personal credit loan shall be due and payable in 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, and if not so paid when due, it shall, on the next day following, be in default.
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 next following the date of default. If, during the period of sixty (60) days, the pledgor shall pay to the pawnbroker in full the principal sum of the loan with the loan fee or fees and the interest due thereon to the date of payment, the pawnbroker shall thereupon deliver possession of the tangible personal property to the pledgor. But if the pledgor fails, during the period of sixty (60) days, to make payment, then title to the tangible personal property shall, on the day following the expiration of the period of sixty (60) days, pass to the pawnbroker without foreclosure, and the right of redemption by the pledgor shall be forever barred.
C. 
A pledgor shall have no obligation to redeem pledged goods or any payment on a pawn transaction.
D. 
Except as otherwise provided by Sections 367.011 to 367.060, RSMo., or this Chapter, any person properly identifying himself and presenting a pawn ticket to the pawnbroker shall be presumed to be entitled to redeem the pledged goods described therein.
[Ord. No. 090407 §1, 9-4-2007]
A. 
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 pledgor in connection with a pawn transaction;
3. 
Accept any waiver, in writing or otherwise, of any right or protect accorded a pledgor under Sections 367.011 to 367.060, RSMo., or under this Chapter;
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 within the redemption period 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. Lenders shall not be responsible for loss of pledged articles due to acts of God, acts of war or riots.
6. 
Purchase, take or receive in pledge or deposit any stolen property or property which, from any cause, he may have reason to believe or suspect cannot lawfully or rightfully be sold or pledged by the person offering it.
[Ord. No. 090407 §1, 9-4-2007]
Each pawnbroker shall employ a reputable company for the purposes of fire and theft security at each pawnshop within the City limits.
[Ord. No. 090407 §1, 9-4-2007]
A. 
No pawnbroker shall purchase or take in trade used or secondhand personal property unless an entry is made in the register required to be kept under Section 607.090 herein and containing the information required under Section 607.090.
B. 
A pawnbroker who purchases or takes in trade used or secondhand personal property shall obtain a signed document from the seller providing that the seller has the right to sell the property.
C. 
The pawnbroker shall ensure that a photograph pursuant to Section 607.090 is taken of any person selling or trading used or secondhand personal property.
[Ord. No. 090407 §1, 9-4-2007]
Each licensed pawnbroker shall 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.
[Ord. No. 090407 §1, 9-4-2007]
In the event the licensed pawnbroker shall change any of the addresses stated in the application during the term for which the license is issued, the pawnbroker shall notify the Chief of Police of such change not later than one (1) day after such change.
[Ord. No. 090407 §1, 9-4-2007]
A. 
The Board of Aldermen shall not issue a pawnbroker's license to a applicant who does not meet the requirements of this Chapter.
B. 
Any license issued under the terms of this Chapter may be suspended or revoked by the Board of Aldermen if the licensee is found to have made any false statement of the license application, or if the licensee or his agents, servants or employees shall violate any provisions of this Chapter, Sections 367.011 to 367.060, RSMo., or any similar municipal ordinances or State Statutes of other Cities or States and is found to have committed such violations in any court of record of any State or in any Municipal Court of any City.
C. 
Any person whose license is suspended or revoked under this Section shall have the right to a public hearing on such suspension or revocation before the Board of Aldermen.
[Ord. No. 090407 §1, 9-4-2007]
The license provided for in this Chapter shall designate the licensed location and shall be posted conspicuously on the premises.
[Ord. No. 090407 §1, 9-4-2007]
A. 
No pawnbroker shall be allowed to have more than one (1) place for transacting the business of a pawnbroker within the City 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 other than the place of business stated in the application for a license.
[Ord. No. 090407 §1, 9-4-2007]
No pawnbroker's license shall be issued to any person who is not eighteen (18) years of age or older. No person under eighteen (18) years of age shall be an agent for any pawnbroker.
[Ord. No. 090407 §1, 9-4-2007]
Any violation of Sections 607.040(C — D), 607.090, 607.100, 607.130, 607.140(A), 607.150 and 607.175 of this Chapter shall be a misdemeanor and, upon conviction, shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).