[R.O. 2014 §615.010]
Any person within the City who loans monies on deposit of personal
property, or deals in the purchase or possession of personal property
on condition of selling the same back again to pledgor or depositor,
or who loans or advances money on personal property by taking chattel
mortgage security thereon and takes or receives such personal property
into his/her possession is hereby declared to be a Pawnbroker.
[R.O. 2014 §615.020]
It shall be unlawful for any person to conduct or transact a
pawnbroker business or pawn shop in the City without first having
procured a City license therefore as hereinafter provided. The Board
of Aldermen shall approve the issuance of all such licenses and shall
have the power of revoking any such license for any violation of any
provision of this Chapter.
[R.O. 2014 §615.030]
A.
No
pawnbroker shall conduct the business of a second-hand dealer without
having obtained the license required for such dealer in addition to
his/her pawnbroker's license. A "second-hand dealer" is defined as engaging in business of buying and selling or trading
second-hand merchandise.
B.
This
Chapter is not to be construed as an ordinance regulating the business
of a second-hand dealer.
[R.O. 2014 §615.040]
A.
The
application shall state the name of the person and in case of a firm
or corporation, the names of all of the partners in such firm or of
the directors, officers and stockholders of such corporation: Also,
the place, street, and number where such business is to be carried
on, and shall specify the amount of capital proposed to be used by
the applicant in such business, and shall be signed by at least ten
(10) citizens of the City, of good reputation, certifying to the good
reputation and moral character of the applicant.
B.
The
City Marshal/Chief of Police shall investigate each applicant for
such license and shall report to the Board of Aldermen whether or
not such applicant is a person of good moral character.
C.
No
license shall be issued to a person who has been convicted of the
offense of receiving stolen goods, burglary, or robbery.
D.
Applications
for pawnbrokers license shall be made to the City Clerk.
[R.O. 2014 §615.050]
A.
No
such license shall be issued to any person, corporation, co-partnership,
or association other than the real and actual proprietor of the business
and place of business for which it is issued.
B.
No
pawnbroker shall be allowed to own or operate more than one (1) place
for transacting the business of a pawnbroker without having first
obtained a license for each such place of business.
[R.O. 2014 §615.060]
All applications for pawnbrokers licenses shall be presented
to the Board of Aldermen at a regular meeting thereof. No application
shall be acted upon until a recommendation for or against the application
is received from the City Marshal/Chief of Police, provided that the
Board of Aldermen shall not be bound by the City Marshal/Chief of
Police's recommendation.
[R.O. 2014 §615.070]
The applicant shall file with the application a bond running
to the City, conditioned for the faithful observance of all provisions
of this Chapter respecting pawnbrokers during the continuance of such
license and any renewal thereof for not more than one (1) year. This
bond shall be in the sum of five thousand dollars ($5,000.00) with
a corporate surety or two (2) or more individual sureties. To such
bond shall be attached as justification to the effect that the sureties
are residents within the County and each is worth the amount specified
in such bond over and above all just debts and liabilities and exclusive
of property exempt from execution.
[R.O. 2014 §615.080]
The annual fee for a pawnbroker's license shall be pursuant to Section 605.020 and this fee shall be payable in advance and no license shall be issued until the fee is paid.
[R.O. 2014 §615.090]
The license issued under this Chapter shall state the name of
the person to whom issued, the place of business, and street number
where such business is located, and the amount of capital employed.
Such license shall entitle the person receiving it to do business
at the place designated in such license.
[R.O. 2014 §615.100]
A.
If
a pawnbroker shall not conduct said business for a period of ninety
(90) days, the license shall be null and void. The pawnbroker's license
shall not be transferable to any other person, except by a majority
vote of the Board of Aldermen and the filing of an application and
a new bond by the person to whom such license is, or may be, transferred
or signed. It shall be unlawful for any person to do business or attempt
to do business under a license transferred to him/her without such
approval of the Board of Aldermen.
B.
In
the event a pawnbroker shall change the address of any license shop,
such pawnbroker shall apply to the Board of Aldermen for a new license,
showing the new address of the shop prior to opening for business.
[R.O. 2014 §615.110]
It shall be unlawful for any person to conduct or transact a
pawnbroker business in the City unless he/she shall keep posted in
a conspicuous place in the place of business the license certificate
therefore and a copy of all ordinances relating to pawnbrokers.
[R.O. 2014 §615.120]
The pawnbroker shall retain in his/her possession every pledge
or pawn for thirty (30) days after the maturity of the loan, or for
thirty (30) days after the last payment of interest, or part of the
principal, whichever is greater. If the pledgor shall fail or neglect
for thirty (30) days after maturity of the loan or thirty (30) days
after the last payment of interest or part of the principal, to redeem
the pawned property, the pawnbroker may sell any such property held
for redemption provided that such property shall have been held for
redemption for a period of not less than one hundred fifty (150) days
from the date of pledge. After a loan is in default, the pawnbroker
may refuse to accept any payment less than the entire principal and
interest due.
[R.O. 2014 §615.130]
A.
Each pawnbroker shall furnish to the pledgor a printed receipt clearly showing the amount loaned with the specific detailed description of the pledged property pawned or received, date of receipt thereof, time for redemption and the name of the pledgee. The reverse side of said receipt shall be marked in such a manner that the amounts of principal and interest and any other charges paid by the person securing the loan can be clearly designated thereon. Each payment shall be entered upon the reverse side of said receipt and shall designate how much of the payment is being credited to principal, how much to interest, and how much to any other charge, with the date of said payment shown thereon. The pawnbrokers shall affix to each article or thing a tag upon which shall be inscribed a number, of legible characters, which shall correspond to the number on the pawn ticket and be entered in the book required to be kept by Section 615.190 hereof. The pawnbroker shall furnish all information required by law to be given to borrowers by State Law and Federal Law.
B.
The
following information shall be printed on the front or back of each
pawn ticket required to be given the pledgor.
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In the event of failure to pay the loan within ______ days from
the date hereof, or within _____ days after maturity, or within ____
days after payment of any monthly interest when due, whichever period
of time is the greater, you shall thereby forfeit all right and title
unto such pledged and pawned property to the pawnbroker, who shall
thereby acquire an absolute title to the same.
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C.
Said
pawn ticket shall also include the manufacturer's identifying insignia
or serial number, if any.
D.
Such
pawn ticket shall constitute the loan or sale contract.
E.
The
pawnbroker shall not charge the customer for preparation of said pawn
ticket.
[R.O. 2014 §615.140]
Every pawnbroker shall, at the time of each loan, deliver to
the person pawning or pledging any goods, articles, or things, a memorandum
or note signed by him, containing the substance of the entry required
to be made by him/her in such record book, and an estimated value
of the goods, articles, or things pledged, and no charge shall be
made or received by any pawnbroker for any such entry, memorandum,
or note.
[R.O. 2014 §615.150]
Upon redemption of any pledge, the pawnbrokers shall furnish
to the pledgor at the time of redemption, a written signed receipt
indicating the exact amount paid on principal and interest, in order
that said pledgor may have the benefit of said receipt for income
tax purposes and other matters. Said written receipt shall be either
printed or stamped with the name of the pawnbroker and the address,
and shall be legibly written so that the figures thereon are clearly
discernible.
[R.O. 2014 §615.160]
Every pawnbroker shall prepare and deliver to the pledgor at
the time of the pledge a separate pawn ticket for each and every item
pledged.
[R.O. 2014 §615.170]
A.
It
shall be unlawful for any pawnbroker to charge interest exceeding
one and one-half percent (1½%) per month on any pledge. The
amount of interest so tendered and received shall be recorded on the
reverse side of the pawn ticket for each separate pledge together
with the initials of the person accepting such tender. Each and every
pawn ticket shall provide in addition to other required printing thereon
as specified in this Chapter, the following words:
Maximum legal interest rate one and one-half percent (1½%)
month plus one dollar ($1.00) service charge.
B.
Pledgor
shall sign said ticket on the space provided thereunder.
[R.O. 2014 §615.180]
A.
Each
and every pawnbroker shall post and maintain in a prominent location
within the confines of said pawn shop and maintain in a prominent
location within the confines of said pawn shop a printed sign not
less than fifteen (15) by twenty (20) inches with clearly discernible
red lettering on a white background in not less than two (2) inch
size the following words:
Maximum legal interest one and one-half percent (1½%)
plus one dollar ($1.00) for service charge.
B.
This
pawnbroker is required by City ordinance to photograph every person
pledging or depositing any article of personal property.
[R.O. 2014 §615.190]
Every pawnbroker shall keep a book in which shall be entered
and legibly written in ink at the time of each loan or receipt of
personal property an accurate account and description of the goods,
articles, or things pawned or received, the amount of money loaned
or advanced thereon, the number of the pawn ticket given to the pledgor,
the time when redeemable, the time both day and hour, of pawning and
receiving such goods, articles, or things, and the name, residence,
age, sex, color, and description as near as possible of the person
pawning or delivering the goods, articles or things. No entry made
in such book shall be erased, obliterated, or defaced. The book, as
well as every article or thing pawned, pledged, or deposited, shall
at all reasonable times be open to inspection by the City Marshal/Chief
of Police or any officer directed by said City Marshal/Chief of Police.
[R.O. 2014 §615.200]
Every pawnbroker or pawn shop keeper in the City must, before
the hour of 12:00 P.M. of every day, except Sunday, and days the pawnbroker
is closed all day, make and deliver to the City Marshal/Chief of Police
at the Police Station a full, true and detailed copy of all pawn tickets
legibly written, setting forth an exact description of each article
or thing, pawned or received, by such pawnbroker or pawn shop keeper
during the period since the last such report. Said ticket shall be
a full, detailed, and correct copy of all entries in the book required
to be kept in the immediately preceding Section. If no article or
thing has been pawned or received, a report must be made to that effect.
[R.O. 2014 §615.210]
The City Marshal/Chief of Police shall cause such a number of
blanks to be printed as may be necessary for the purpose of making
the reports required by this Chapter. He/she shall, from time to time,
cause such additional blanks to be printed as may be required. These
blanks shall be so printed and subdivided that they shall have space
for writing and all the matters required by this Chapter to be registered
and reported. This report shall be written in the English language
in a clear and legible manner. Such blanks shall bear a caption, providing
spaces in which shall be filled in the date of the report, the name
and residence of the person making the same, and the hour of day when
made and all other matters required by this Chapter to be reported,
including but not limited to the name, address, age, motor vehicle
operator's or chauffeur's license number, state of issuance, social
security number, height, weight, color of eyes, and color of hair
of the pledgor, with a photograph of such pledgor being attached thereto.
[R.O. 2014 §615.220]
The City Marshal/Chief of Police shall deliver the blanks provided
for in the immediately preceding Section to the person from whom these
reports are required, from time to time, at the cost of the Police
Department. The City Marshal/Chief of Police shall, upon receipt of
such reports, file them in some secure place in his/her office, and
they shall be open to inspection only by the City Marshal/Chief of
Police or any officer directed by the City Marshal/Chief of Police
or by the City Administrator or any person directed by the City Administrator
or upon any order of the Court.
[R.O. 2014 §615.230]
Duplicate copies of receipts shall be maintained in chronological
order by the pawnbroker in a bound or otherwise secured book for a
period of at least one (1) year from the date of redemption and shall
be at all times open to the inspection of the City Marshal/Chief of
Police or any officer directed by the City Marshal/Chief of Police,
City Administrator, City Clerk, or City Attorney, or by any one (1)
or more of such officials or their representatives.
[R.O. 2014 §615.240]
It shall be unlawful for any pawnbroker, pawn shop keeper, his/her
servant or employee to receive any goods, articles, or things in pawn
or pledge from a person who is intoxicated, under the influence of
drugs, insane, or a person under the age of eighteen (18) years.
[R.O. 2014 §615.250]
It shall be unlawful for any pawnbroker to employ any clerk
or person under the age of eighteen (18) years to receive any pledge
or make any loan.
[R.O. 2014 §615.260]
The holder of a pawnbroker's license shall be responsible for
any and all acts of his/her employees and for any violation by them
of the provisions of this Chapter.
[R.O. 2014 §615.270; Ord. No. 1609 §1, 12-19-2013]
No licensed pawnbroker shall buy, sell, or take for pledge,
pawn, or security any blackjack, switchblade, brass knuckles, numchucks,
sawed-off shotguns, dirk, dagger, razor, or any other dangerous or
deadly weapons prohibited by State or Federal law, and no pawnbroker
shall display said weapons for sale in his/her place of business.
[R.O. 2014 §615.280]
A.
It
shall be the duty of every pawnbroker to report to the Police, any
article pledged with him/her or which it is sought to be pledged with
him/her if he/she shall have reason to believe that the article was
stolen or lost and found by the person attempting to pledge it in
the case of a lost article.
B.
This
notification by the pawnbroker to the police shall be in writing and
said pawnbroker shall provide the name, address, physical description,
and photograph of the person from whom the article or personal property
was received, the time said article or personal property was received,
and any facts connected therewith that may tend to the discovery and
conviction of the thief or thieves.
[R.O. 2014 §615.290]
No pawnbroker shall accept as collateral, security, or purchase
any camera, radio, television set, video cassette recorder, lawnmower,
typewriter, adding machine, calculating machine, copy machine, duplicating
machine, tape recorder, tape player, cash register, still or moving
picture projector or offset projector, dictating machine, record player,
electric buffer, electric polisher, electric floor waxer, or any other
article or personal property that was intended to have a manufacturers
serial number or other identifying insignia, unless such item shall
have plainly visible thereon said serial number or insignia.
[R.O. 2014 §615.300]
Every pawnbroker licensed under the provisions hereof shall
provide a safe place for the keeping of the pledges received by him/her
and shall have sufficient insurance on the property held on pledges
for the benefit of the pledgers, in case of destruction by fire or
loss by theft.
[R.O. 2014 §615.310]
It shall be unlawful for any pawnbroker to charge or receive
any appraisal fee, storage fee, or any other fee or charge other than
the amount specified in this Chapter. No charges shall be made for
restoring stolen property to its rightful owner.
[R.O. 2014 §615.320]
Every employee of a pawn shop as hereinafter defined shall,
within thirty (30) days after October 7, 1986, register his/her name
and address with the Police Department of the City and shall have
had his/her thumb prints, finger prints, and photograph taken, and
filed with the City and receive a certificate showing compliance therewith.
For the purpose of this Section, an employee of a pawn shop shall
include all persons working in a pawnbroker shop and any owner, stockholder,
if the owner is a corporation, partner or any other person who receives
income in any manner from the operation of said pawn shop. Every person
seeking to be registered under the provisions of this Section shall
first pay to the City the sum of five dollars ($5.00) as a condition
precedent to having issued to him/her a certificate as provided herein.
[R.O. 2014 §615.330]
No pawnbroker's license shall be issued in any location in which
such business is not permitted by the zoning ordinances of the City.
[R.O. 2014 §615.340]
Every pawnbroker shall fully comply with all of the requirements
and provisions of the Revised Statutes of the State of Missouri.
[R.O. 2014 §615.350]
Any person, firm, or corporation violating any provisions of this Chapter, shall be deemed guilty of an offense and shall be punished as provided in Section 100.240 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
