Editor's Note — Ord. no. 11-023 §2, adopted August
15, 2011, moved sections 605.130 — 605.300 to this chapter 610
and renumbered them sequentially 610.010 — 610.180.
[Ord. No. 11-023 §2, 8-15-2011]
For the purpose of this Chapter, the following terms, phrases
and words shall have the meanings given herein and shall apply in
the interpretation and enforcement of this Chapter unless otherwise
specifically stated:
The Chief of Police of the City of Ozark Police Department.
That period of time from one (1) 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 date of such following
month and when computations are made for a fraction of a month, a
day shall be one-thirtieth (1/30) of a month.
The book value of the current assets of a person or pawnbroker
less its applicable liabilities as stated in this Section. Current
assets include the investment made in cash, bank deposits, merchandise
inventory and loans due from customers excluding the pawn service
charge. Current assets do not include the investments made in fixed
assets of real estate, furniture, fixtures or equipment; investments
made in stocks, bonds or other securities, investments made in prepaid
expenses or other general intangibles. Applicable liabilities include
trade or other accounts payable; accrued sales, income or 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.
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 in which a pawnbroker regularly
conducts business.
An individual, partnership, corporation, joint venture, trust,
association or any other legal entity however organized.
A person who has not been convicted of any State, Federal
or municipal offense involving drugs or narcotics, robbery, burglary,
theft, stealing, receiving stolen property, embezzlement, extortion,
forgery, gambling, bribery, perjury, any weapons offense or any crime
of violence.
Tangible personal property other than choses in action, securities
or printed evidence 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 City, 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. 11-023 §2, 8-15-2011]
No person shall operate a pawnshop in the City of Ozark unless
such person obtains a pawnshop license issued by the City Clerk. A
license is required for each place where pawnbroking business is transacted
and no one shall act as an agent, employee 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. 11-023 §2, 8-15-2011]
A.
An
application for a new pawnshop license 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 Clerk. If the applicant is a partnership, the
application shall state the full name and address of each partner
and whether such partner is a general partner or a limited partner.
If the applicant is a corporation, the application shall give the
full name and address of each officer, shareholder and director. Further,
a "certificate in good standing" shall be filed with the City Clerk.
The application shall be accompanied by:
1.
An investigation fee of five hundred dollars ($500.00) if the applicant
is unlicensed at the time of applying for the pawnshop 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 or involves substantially identical principals and owners
of a licensed pawnshop at a separate location; and
2.
Proof of general liability insurance in the amount of fifty thousand
dollars ($50,000.00); and
3.
An annual fee of five hundred dollars ($500.00).
[Ord. No. 11-023 §2, 8-15-2011]
Transfer of an existing pawnshop license or the change of ownership
of a licensed pawnshop is the same as an initial application for a
new pawnshop license. Licenses are personal to the licensee.
[Ord. No. 11-023 §2, 8-15-2011]
The application form for a new license, a renewal license, transfer
of an existing license or change of ownership of a licensed pawnshop
shall be on forms prescribed and provided by the City Clerk and shall
contain information sufficient to inform the City Clerk regarding
the qualifications of the applicant for a license or renewal license.
[Ord. No. 11-023 §2, 8-15-2011]
The City Clerk shall investigate the facts contained in an application
for a new pawnshop license and shall request assistance of the Chief
of Police and any other person having knowledge of the facts contained
in the application or who is authorized to investigate those facts.
[Ord. No. 11-023 §2, 8-15-2011]
A.
No
license shall be issued to any person who:
1.
Is not of good moral character or to any pawnshop employing persons
who are not of good moral character;
2.
Makes a false statement of material facts in the application for
a license or renewal license;
3.
Does not have net assets of at least fifty thousand dollars ($50,000.00)
readily available for use in conducting business as a pawnshop for
each licensed pawnshop; or
4.
Does not file with the City Clerk a bond satisfactory to the City
Clerk in an amount of five thousand dollars ($5,000.00) with a surety
company qualified to do business in this City. The aggregate liability
of such surety shall not exceed the amount stated in the bond. The
bond shall run to the City for the use of the City and of any person(s)
who may be a cause of action against the obligor of such bond under
the provisions of this Chapter. Such bond shall be conditioned that
the obligor will comply with the provisions of this Chapter and by
all rules and regulations adopted by the City Clerk and will pay to
the City and to any such person(s) from such obligor under and by
virtue of the provisions of this Chapter or any rules adopted by the
City Clerk pursuant to this Chapter during the time such bond is in
effect.
B.
If
the City Clerk is unable to verify that the applicant meets the net
assets requirement for a licensed pawnshop, the City Clerk 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 this Chapter.
[Ord. No. 11-023 §2, 8-15-2011]
A.
No
license shall be issued for the operation of a pawnshop, as defined
herein, when the pawnshop will be located within three hundred (300)
feet of any church, school or residentially zoned property. Such measurement
shall be made from building to building and not from lot to lot or
lot to building.
B.
No
license shall be issued for the operation of a pawnshop, as defined
herein, when the pawnshop will be located within five hundred (500)
feet of another pawnshop. Such measurement shall be made from building
to building and not from lot to lot or lot to building.
C.
Notwithstanding the provisions of Subsections (A) and (B) above, any existing license as of the effective date of adoption or amendment of this Section, which may not be in compliance with the provisions of this Section, may be renewed so long as the business remains in continuous operation upon the premises currently occupied by the licensee. In the event that the business ceases operation for a continuous period of one hundred eighty (180) consecutive days, then, in that event, any subsequent licensee must comply with all the provisions of this Section. Under the foregoing provisions, sale of a business for operation upon the same premises is allowed provided that said transfer occurs within the foregoing one hundred eighty (180) day period.
[Ord. No. 11-023 §2, 8-15-2011]
Subsequent to the first (1st) year for which a license is issued
to a pawnbroker, each pawnbroker shall make a renewal application
to the City Clerk. The application shall be filed by January thirty-first
(31st) of the current licensing year and shall be on the forms and
shall contain such information as the City Clerk may require. The
forms shall contain such information as will assist the City Clerk
in determining whether conditions have changed and whether a renewal
license should be issued for the subsequent licensing year. The City
Clerk may request the assistance of the Chief of Police or any other
City employee or person having knowledge of the truth or falsity of
the matters contained in the application or who is able to investigate
those matters. The annual fee for the issuance of a renewal license
is five hundred dollars ($500.00).
[Ord. No. 11-023 §2, 8-15-2011]
A.
If
the City Clerk believes that conditions have changed such that the
holder of a pawnshop license would not still be eligible to receive
a pawnbroker's license or that the holder of the pawnshop license
is in violation of this Chapter or State law pertaining to pawnshops,
the City Clerk may suspend the license.
B.
If
the City Clerk believes that the holder of a pawnshop license may
remedy the situation, giving rise to the City Clerk's belief that
conditions have changed and has not previously been in violation of
this Chapter or State law pertaining to pawnshops, the City Clerk
may suspend the license. If the City Clerk believes that the changed
condition(s) are such that, if true, the licensee would not be able
to remedy the situation in a reasonable time or if the holder of the
pawnshop license has previously been in violation of this Chapter
or State law pertaining to pawnshops, then the City Clerk may revoke
the pawnshop license.
C.
If
the City Clerk believes that the safety, morals or peace of residents
of the City of Ozark, Missouri, is immediately affected by the change
in conditions, the City Clerk may suspend or revoke the license prior
to a hearing, but he/she shall afford the licensee a hearing within
five (5) days of the suspension or revocation if the licensee desires
such a hearing. If the City Clerk believes that the changed condition
is not of such imminent hazard to the safety, morals or peace of the
residents of the City of Ozark, he/she may have a hearing prior to
his/her action. He/she shall give the licensee at least ten (10) days'
notice of the hearing.
D.
Any
party aggrieved by a decision of the City Clerk shall have the right
of appeal to the Circuit Court of Christian County.
[Ord. No. 11-023 §2, 8-15-2011]
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 Subdivisions (1) to (4) of Subsection (1) of this Section
and information contained in Subdivision (6) of Subsection (4) of
Section 367.040. 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
(3rd) party engaged in the business of establishing and maintaining
one (1) or more databases;
Persons authorized by law enforcement personnel to access
the database.
The information required to be recorded by pawnbrokers for pawn transactions pursuant to Subdivisions (1) to (4) of Subsection (A) of this Section and the information required to be recorded by pawnbrokers for purchase transactions pursuant to Subdivision (6) of Subsection (D) of Section 367.040, RSMo.
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 Subdivisions (1) to (4) of Subsection (A) 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 (3rd) 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 (3rd) 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.
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.
H.
Any
pawnbroker licensed after August 28, 2002, 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.
[Ord. No. 11-023 §2, 8-15-2011]
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. The lender 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 borrower shall pay to the lender the principal sum
of the loan with the loan fee(s) and the interest due thereon to the
date of payment, the lender shall thereupon deliver possession of
the tangible property to the borrower. If the borrower fails, during
the period of sixty (60) days, to make payment, the title to the tangible
personal property shall, on the day following the expiration of the
period of sixty (60) days, pass to the lender without foreclosure
and the right of redemption by the borrower shall be forever barred.
B.
A pledgor
shall have no obligation to redeem pledged goods or make any payment
on a pawn transaction.
C.
Except
as otherwise provided herein, any person properly identifying himself/herself
and presenting a pawn ticket to the pawnbroker shall be presumed to
be entitled to redeem the pledged goods described therein.
D.
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 a pledgor
in connection with a pawn transaction;
3.
Accept any waiver, in writing or otherwise, of any right or protection
accorded a pledgor under this Chapter or other law;
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 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 a pawnbroker's 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. Each lender shall
employ, if reasonably available in his/her area, a reputable company
for the purpose of fire and theft security;
6.
Purchase or take in trade used or secondhand personal property unless
a record is established that contains:
a.
The name, address, physical description and the driver's license
number, military identification number, identification certificate
number or other official number capable of identifying the seller;
b.
A complete description of the property, including the serial number,
if reasonably available or other identifying characteristic; and
c.
A signed document from the seller providing that the seller has the
right to sell the property.
[Ord. No. 11-023 §2, 8-15-2011]
No pawnbroker or member of the pawnbroker's family or employee
or any other person shall be permitted to live in a pawnshop or in
rooms connecting therewith.
[Ord. No. 11-023 §2, 8-15-2011]
No pawnshop shall be open for business or receive as pawned,
pledged or purchased, on any condition whatsoever, any article of
personal property or other valuable thing between the hours of 8:00
P.M. on any day and 7:00 A.M. on the following day.
[Ord. No. 11-023 §2, 8-15-2011]
Every pawnbroker shall give the Chief of Police notice of all
pawned goods to be shipped out of town, which notice shall state the
name of the pledgee and the destination and date of shipment. Such
goods shall not be shipped for at least seven (7) days after delivery
of the copy of the register to the Chief of Police.
[Ord. No. 11-023 §2, 8-15-2011]
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.
[Ord. No. 12-034 §2, 9-17-2012]
No gold, silver, diamonds or other precious or semiprecious
gems or precious metals received or purchased by any person, firm
or corporation subject to this Chapter shall be removed from a designated
location within the City within seven (7) days after receipt thereof
nor shall any such precious gems or precious metals be melted or recut
within seven (7) days from the receipt thereof. Further, no person,
firm or corporation shall sell, transfer ownership or possession or
otherwise remove from said designated location any goods of any kind
or type, including, but not limited to, all items described in Section
215.426(A), received in purchase, sale, barter or exchange for twenty-four
(24) hours from the time of the receipt of such goods.
[Ord. No. 11-023 §2, 8-15-2011]
The City Clerk may issue such rules and regulations as he/she
deems necessary to implement this Chapter and the policies contained
herein.
[Ord. No. 11-023 §2, 8-15-2011]
Any person who violates any provision of this Chapter is guilty
of a violation of this Chapter and may be punished by a fine not to
exceed five hundred dollars ($500.00) or by imprisonment in the City
Jail for not more than four (4) months, or by both such fine and imprisonment.
