[R.O. 1991 § 675.010; Ord. No. 1822-98 § 1, 11-17-1998]
For the purpose of this Chapter,
the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
Any person who applies for a license pursuant to this Chapter.
The Chief of Police of this City or his/her designee.
The City of Smithville.
The City Administrator of the City or his/her designee.
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.
The location at which or premises on which a pawnbroker regularly
conducts business.
An individual, partnership, corporation, joint venture, trust,
association, or other legal entity, however organized.
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/her business in connection with a pawn transaction.
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 in 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.
[R.O. 1991 § 675.020; Ord. No. 1822-98 § 2, 11-17-1998]
A.
It shall be unlawful for any person to
operate or maintain a pawnshop within the City until the owner of
such business has applied to the office of the City Administrator,
or designated representative, for a license to operate such business
and such license has been duly approved by the Board of Aldermen of
the City, or to operate such establishment after such license has
been suspended or revoked by the City, or has expired, as set forth
in this Chapter.
[Ord. No. 2935-15, 10-20-2015]
B.
Every license granted under this Chapter
shall identify the specific location in which the pawnshop will be
open for business, and each location shall have a separate license.
C.
The annual fee for a license granted under
this Chapter shall be two hundred dollars ($200.00).
D.
No license issued hereunder is transferable
among persons; however, a license holder may, upon payment of a one
hundred dollar ($100.00) processing fee, obtain a license for a new
location upon closure of the location for which the person currently
holds a license.
E.
Every license granted hereunder shall be
valid for one (1) year from the date on which it is issued.
F.
Every pawnshop within the City of Smithville
shall post its license in a prominent place easily accessible for
inspection by the public.
[R.O. 1991 § 675.030; Ord. No. 1822-98 § 3, 11-17-1998]
A.
To be eligible to operate a pawnshop in
the City, each applicant shall file the following documents with the
City Administrator, or designated representative:
[Ord. No. 2935-15, 10-20-2015]
1.
An application containing the information set forth in Section 675.040 of this Chapter. The application shall be available at the office of the City Administrator, or designated representative.
2.
Satisfactory evidence that the applicant
has net assets of at least fifty thousand dollars ($50,000.00) readily
available for use in conducting business as a pawnshop. In case the
applicant seeks licenses for more than one (1) pawnshop, then the
documents must evidence such net assets for each pawnshop sought to
be licensed.
3.
An affidavit stating that the applicant
has not been convicted of any Federal, State or municipal offense
involving murder, rape, arson, controlled substances, robbery, burglary,
stealing, extortion, fraud, forgery, gambling, bribery, perjury, weapons
offense, or any crime of violence within the last five (5) years.
If the applicant is not an individual, then the affidavit must state
that no officer, director, shareholder, member, partner, trustee or
other principle of the applicant has been convicted of any offense
identified above.
4.
A non-refundable investigation fee,
in such amount as is required by State law to be paid by applicants.
5.
Satisfactory proof of commercial
general liability insurance, in an aggregate amount of not less than
one million dollars ($1,000,000.00) for bodily injury or property
damage arising out of a single occurrence.
6.
An annual license fee of two hundred
dollars ($200.00), refundable to the applicant if the application
is denied.
7.
A bond in such amount and under such
terms as are required under the provisions of Sections 367.011 to
367.060, RSMo., as those Sections may be amended or transferred.
8.
A copy of the form of pledgee's ticket
to be used by the applicant.
[R.O. 1991 § 675.040; Ord. No. 1822-98 § 4, 11-17-1998]
A.
An application shall state the following
information:
1.
The full name and place of residence
and business address of the applicant, or if the applicant is not
an individual, of every partner, member, officer, shareholder, director,
trustee and other principal of the applicant.
2.
The place where the business is to
be conducted.
3.
Whether the applicant, or any person
who is a partner, member, officer, shareholder, director, trustee
or other principal of the applicant, owns any other pawnshop, and
if so, the location of each such other pawnshop.
4.
Bank references, including an authorization
for each such bank or other financial institution to release to the
City copies of the applicant's two (2) most recent account statements.
[R.O. 1991 § 675.050; Ord. No. 1822-98 § 5, 11-17-1998; Ord. No. 2935-15, 10-20-2015]
After confirming that the application facially complies with the requirements of Section 675.040, the City Administrator, or designated representative, shall forward the application to the Board of Aldermen. At or before the third regular Board of Aldermen meeting following the date of the application, the Board of Aldermen shall consider and act upon the application. If, prior to the third regularly scheduled meeting following the date of the application, the Board of Aldermen shall be unable to verify that the applicant meets the net assets requirement for a licensed pawnshop, the Board may require a finding, including the presentation of a current balance sheet, by an independent certified public accountant. The cost of such finding shall be borne by the applicant, and the Board of Aldermen shall then consider and act upon the application at or before the third regular Board meeting following the date of the finding.
A.
At
the time of making any secured personal credit loan, the lender shall
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. 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 goods, 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 pledged 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 may be required, in accordance with local ordinances, to furnish appropriate law enforcement authorities with copies of information contained in Subsection (A)(1) to (4) of this Section and information contained in Subdivision (6) of Subsection 4 of Section 367.040, RSMo. The pawnbroker may satisfy such requirements by transmitting such information electronically to a database in accordance with this Section, except that paper copies shall be made available for an on-site inspection upon request of any appropriate law enforcement authority.
C.
DATABASE
PERMITTED USER
REPORTABLE DATA
REPORTING PAWNBROKER
SEARCH
As
used in this Section, the following terms mean:
A computer database established and maintained by a third
party engaged in the business of establishing and maintaining one
(1) or more databases.
Persons authorized by law enforcement personnel to access
the database.
A pawnbroker who chooses to transmit reportable data electronically
to the database.
The accessing of a single database record.
D.
The database shall provide appropriate law enforcement officials with the information contained in Subsection (A)(1) to (4) of this Section and other useful information to facilitate the investigation of alleged property crimes while protecting the privacy rights of pawnbrokers and pawnshop customers with regard to their transactions.
E.
The
database shall contain the pawn and purchase transaction information
recorded by reporting pawnbrokers pursuant to this Section and Section
367.040, RSMo., and shall be updated as requested. The database shall
also contain such security features and protections as may be necessary
to ensure that the reportable data maintained in the database can
only be accessed by permitted users in accordance with the provisions
of this Section.
F.
The
third party's charge for the database shall be based on the number
of permitted users. Law enforcement agencies shall be charged directly
for access to the database, and the charge shall be reasonable in
relation to the costs of the third party in establishing and maintaining
the database. No reporting pawnbroker or customer of a reporting pawnbroker
shall be charged any costs for the creation or utilization of the
database.
G.
Information
Availability.
1.
The information in the database shall only be accessible through
the internet to permitted users who have provided a secure identification
or access code to the database but shall allow such permitted users
to access database information from any jurisdiction transmitting
such information to that database. Such permitted users shall provide
the database with an identifier number of a criminal action for which
the identity of the pawn or purchase transaction customer is needed
and a representation that the information is connected to an inquiry
or to the investigation of a complaint or alleged crime involving
goods delivered by that customer in that transaction. The database
shall record, for each search, the identity of the permitted user,
the pawn or purchase transaction involved in the search, and the identity
of any customer accessed through the search. Each search record shall
be made available to other permitted users regardless of their jurisdiction.
The database shall enable reporting pawnbrokers to transmit to the
database through the internet reportable data for each pawn and purchase
transaction.
2.
Any person who gains access to information in the database through
fraud or false pretenses shall be guilty of a felony.
H.
Any
pawnbroker licensed under Section 367.043, RSMo., shall meet the following
requirements:
1.
Provide all reportable data to appropriate users by transmitting
it through the internet to the database;
2.
Transmit all reportable data for one (1) business day to the database
prior to the end of the following business day;
3.
Make available for on-site inspection to any appropriate law enforcement
official, upon request, paper copies of any pawn or purchase transaction
documents.
I.
If
a reporting pawnbroker or permitted user discovers any error in the
reportable data, notice of such error shall be given to the database,
which shall have a period of thirty (30) days in which to correct
the error. Any reporting pawnbroker experiencing a computer malfunction
preventing the transmission of reportable data or receipt of search
requests shall be allowed a period of at least thirty (30) but no
more than sixty (60) days to repair such malfunction, and during such
period such pawnbroker shall not be deemed to be in violation of this
Section if good faith efforts are made to correct the malfunction.
During the periods specified in this Subsection, the reporting pawnbroker
and permitted user shall arrange an alternative method or methods
by which the reportable data shall be made available.
J.
No
reporting pawnbroker shall be obligated to incur any cost, other than
internet service costs, in preparing, converting, or delivering its
reportable data to the database.
K.
If
the pawn ticket is lost, destroyed, or stolen, the pledgor may so
notify the pawnbroker in writing, and receipt of such notice shall
invalidate such pawn ticket, if the pledged goods have not previously
been redeemed. 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 on 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 pursuant to Section
486.205, RSMo., to perform notarial acts in this State.
[R.O. 1991 § 675.070; Ord. No. 1822-98 § 7, 11-17-1998]
No pawnshop shall be open for business
between the hours of 9:00 P.M. and 7:00 A.M. No pawnshop shall be
open for business on New Year's Day, birthday of Martin Luther King,
Jr., President's Day, Memorial Day, Independence Day, Labor Day, Veteran's
Day, Thanksgiving Day or Christmas Day.
[R.O. 1991 § 675.080; Ord. No. 1822-98 § 8, 11-17-1998]
Every pawnbroker shall keep, consistent
with Missouri law and accepted accounting practices, adequate records
and books relating to the licensee's pawn transactions. The books
and records shall be preserved for a period of at least two (2) years
from the date of the last transaction recorded therein, or as required
by Missouri law, whichever is longer. The books and records of the
pawnshop shall at all times be open to the inspection of the Chief
of Police or his/her designee.
[R.O. 1991 § 675.090; Ord. No. 1822-98 § 9, 11-17-1998]
A.
The City Administrator, or designated representative,
shall suspend the license of a pawnbroker in each of the following
cases:
[Ord. No. 2935-15, 10-20-2015]
1.
Upon conviction of any violation
of the requirements of this Chapter or of Chapter 367, RSMo., as it
now exists or as it may hereafter be amended, modified or transferred.
2.
Upon conviction in Federal, State or Municipal Court of any information or indictment charging the applicant or any principal or manager of the applicant with any offense identified in Section 675.030(A)(3). Notwithstanding anything set forth below, any suspension imposed pursuant to this Subsection (A)(2) shall be lifted upon dismissal of the charges or acquittal in a court of law.
[R.O. 1991 § 675.100; Ord. No. 1822-98 § 10, 11-17-1998]
A.
Any person aggrieved by the denial or suspension
of a license shall, within twenty (20) days after notice of the denial
or suspension is mailed or delivered to the aggrieved person, serve
upon the City Administrator a notice of appeal, setting forth the
following information:
B.
The notice of appeal shall be served by
hand delivery to the City Administrator.
C.
Within thirty (30) days after service,
the City Administrator and/or the Board of Aldermen shall determine
whether an evidentiary hearing is warranted, and shall notify the
aggrieved party, by regular mail, postage prepaid to the address set
forth in the notice of appeal, of the City's decision or of the grant
of an evidentiary hearing.
D.
If an evidentiary hearing is granted, then
notice of the City's decision shall be sent, in the manner set forth
above, within thirty (30) days after the date of the evidentiary hearing.
[R.O. 1991 § 675.110; Ord. No. 1822-98 § 11, 11-17-1998]
If any Section, Subsection or clause
of this Chapter shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining Sections, Subsections and clauses
shall not be affected thereby.
[R.O. 1991 § 675.120; Ord. No. 1822-98 § 12, 11-17-1998]
It shall be unlawful for any person
to violate any of the provisions of this Chapter. Upon conviction
thereof, such person shall be punished by a fine not to exceed five
hundred dollars ($500.00), or be punished by incarceration for a period
not to exceed ninety (90) days, or by both such fine and incarceration.
Each day's violation of, or failure, refusal or neglect to comply
with any provision of this Section shall constitute a separate and
distinct offense.
