[R.O. 2003 §650.010; Ord. No. 604 §1, 9-2-1999]
For the purpose of this Chapter, the following terms shall have the meanings assigned to them by this Section, unless the context of their use in this Chapter clearly requires otherwise:
- Any used item acquired for resale, which is of a class of merchandise or commodity that includes, but is not limited to, automobile parts and accessories, wearing apparel, furniture, plumbing and construction materials, household appliances, musical instruments, sporting equipment, glassware, poles, wire and scrap metal.
- Any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of a pawnshop.
- 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 day 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.
- NET ASSETS
- The book value of the current assets of a person or pawnbroker less its applicable liabilities as stated herein. Current assets include the investment made in cash, 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; 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 in part by current assets. Net assets must be represented by a capital investment unencumbered by any liens or other encumbrances or be subject to the claims of general creditors.
- OWNER or OWNERS
- The proprietor, if a sole proprietorship; all partners (general and limited), if a partnership; or all officers, directors and persons holding ten percent (10%) or more of the outstanding shares of a corporation.
- 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 a premises in which a pawnbroker regularly conducts business.
- An individual, partnership, corporation, joint venture, trust, association or any other legal entity, however organized.
- PERSON OF GOOD MORAL CHARACTER
- In addition to other factors making a person of good moral character, a person who has not been convicted of a felony or released from confinement for conviction of a felony, whichever event is later, within five (5) years immediately preceding the date of application for pawnbroker license, or has not been convicted of a misdemeanor or released from confinement for conviction of a misdemeanor, whichever event is later, within two (2) years immediately preceding the date of application for pawnbroker license, where such felony or misdemeanor involved the operation of a pawnshop, theft, stealing, robbery, burglary or receipt of stolen property and related offenses as defined in the Missouri Criminal Code or similar Statutes, or has not been convicted of municipal ordinance violation or released from confinement for conviction of a municipal ordinance violation, whichever event is later, within two (2) years immediately preceding the date of application for pawnbroker license, where such municipal ordinance violation involved the operation of a pawnshop, theft, stealing, robbery, burglary or receipt of stolen property.
- 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/her business in connection with a pawn transaction.
- 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.
- The fair market retail value of the article at the time and place of the acquisition of the article by the dealer or, where no reasonable monetary value can be ascertained, the cost of replacement of the article. It is expressly provided that value, as used in this Chapter, shall not be determined by the cost of the article as paid by the dealer.
[R.O. 2003 §650.020; Ord. No. 604 §1, 9-2-1999]
It shall be the duty of every person licensed as a pawnbroker under the provisions of this Chapter to make out and deliver to the Chief of Police on Monday of each week, on a form provided by or approved by the Chief of Police, before the hour of 12:00 Noon, a report as to all personal property or other valuable things received or purchased and a description of the person by whom left in pledge or from whom such property or things were purchased; provided that no persons shall be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business or of any goods purchased in open sale from any bankrupt stock or from any other person having an established place of business, but such purchased goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase and must be verified as such to any member of the Police Department when demanded.
[R.O. 2003 §650.030; Ord. No. 604 §1, 9-2-1999]
Reports received by the Chief of Police shall be maintained by the Police Department for a minimum of one (1) year and shall be and remain a public record.
[R.O. 2003 §Ord. No. 604 §1, 9-2-1999]
It shall be unlawful for any person to operate a pawnshop unless said pawnshop is currently licensed as a pawnshop issued pursuant to this Section, as authorized by the Revised Statutes of Missouri. To be eligible for a pawnshop license, an applicant shall:
Every pawnbroker must obtain a license for each place where such pawnbrokering 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.
An application for a new pawnshop license, the renewal thereof, the transfer of an existing pawnshop license, or the approval of a change in the ownership of a licensed pawnshop 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 as may be required. If the applicant is a corporation, the application shall state the full name and address of each officer, shareholder and director. If the applicant is a partnership, the application shall state the full name and address of each partner.
A license shall not be issued to an applicant who is not a person of good moral character or is otherwise presently unfit for a pawnshop license.
Each applicant for a pawnshop license at the time of filing the application shall file with the City of Buckner a bond satisfactory to it and in the amount of five thousand dollars ($5,000.00) for each license with a surety company qualified to do business in this State. The aggregate liability of such surety shall not exceed the amount stated in the bond. The bond shall run to the State for the use of the State and of any person or persons who may have a cause of action against the obligor of such bond under the provisions of Sections 367.011 to 367.060, RSMo. Such bond shall be conditioned that the obligor will comply with the provisions of Sections 367.011 to 367.060, RSMo., and of all rules and regulations lawfully made by the City of Buckner and will pay to the State and to any such 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 obligor under and by virtue of the provisions of Sections 367.011 to 367.060, RSMo., during the time such bond is in effect.
If the City of Buckner is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop, the City of Buckner 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 Section.
A satisfactory public liability insurance policy shall be filed with the City by the applicant covering all operations of said applicant. The sum of at least one hundred thousand dollars ($100,000.00) for each person injured, and the sum of at least three hundred thousand dollars ($300,000.00) in the case of injury to two (2) or more persons in any one (1) occurrence, and the sum of at least one hundred thousand dollars ($100,000.00) for damage to property shall be provided. Such policy shall provide that the City shall be notified of any cancellation or alteration by the insurance carrier within ten (10) days before such cancellation or alteration becomes effective.
A pawnshop license shall expire on March 31 of each year.
Investigation Fee. Each application for a license shall be accompanied by an investigation fee of five hundred dollars ($500.00) if the applicant is not licensed at the time of applying for a pawnshop license or two hundred fifty dollars ($250.00) if the application involves a second 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.
Annual Fee. Each application for a license or second or additional license or renewal shall be accompanied by the annual fee of four hundred fifty dollars ($450.00) for that license prorated.
[R.O. 2003 §650.050; Ord. No. 604 §1, 9-2-1999]
The license provided for in this Chapter shall designate the licensed location and shall be posted conspicuously on the premises.
[R.O. 2003 §650.060; Ord. No. 604 §1, 9-2-1999]
Licensee shall pay an annual license fee of four hundred fifty dollars ($450.00) for each license. Said fee shall be due on the same date that business licenses are due under Section 605.030 of this Code and said licenses shall expire on the same date as a business license.
[R.O. 2003 §650.070; Ord. No. 604 §1, 9-2-1999]
If any pawnbroker or his/her agents, servants or employees shall violate any of the provisions of this Chapter or Chapter 367, RSMo., and is finally convicted in any court of the City or State, fails to comply with the provisions of this Chapter, or fails to remain a person of good moral character, the license or licenses issued under this Chapter to said pawnbroker may be suspended or revoked by the Board of Aldermen after a hearing before the Board of Aldermen. Ten (10) days' written notice of the hearing to suspend or revoke stating the grounds thereof shall be delivered to said pawnbroker at his/her place of business as set forth in any license of said pawnbroker or by leaving or posting said notice at said address. The pawnbroker shall have the right at the hearing to be represented by an attorney, to cross-examine witnesses, to present evidence and to testify on his/her own behalf. The hearing shall be held in public at a regular or specially called meeting of the Board of Aldermen. Upon suspension or revocation of any license, no license fee paid shall be refunded to the licensee.
[R.O. 2003 §650.080; Ord. No. 604 §1, 9-2-1999]
The City shall allow any person lawfully operating a pawnshop on September 2, 1999, to continue operating such business without obtaining a license required by this Chapter so long as such person does not violate any of the provisions of this Chapter, except that such person shall be required to apply for a pawnbroker's license pursuant to this Chapter when said person's occupational license is next due and he/she shall be required to pay the annual fee of four hundred fifty dollars ($450.00) prescribed in Section 640.060, but shall not be required to pay an investigation fee.
[R.O. 2003 §650.090; Ord. No. 604 §1, 9-2-1999]
It shall be unlawful for any person, other than an owner, who works as a manager at a pawnshop to do so without having first obtained from the City a manager's permit to be designated as a "Pawnshop Dealer Manager's Permit" or to work as a manager at such business after such person's manager's permit has been revoked, or while such person's permit is suspended.
All applications for a pawnshop manager's permit (manager's permit) shall be signed by the applicant and be notarized. All applications shall be submitted on a form supplied by the City and shall require the following information:
The applicant's name, home address, home telephone number, date and place of birth and Social Security number;
The name and address of the business at which the applicant intends to work as a manager and an "intent to hire" statement from the business that is licensed, or that has applied for a license, under the provisions of this Chapter;
A statement from the applicant that he/she is a person of good moral character and that the applicant has not been convicted of any felony, misdemeanor or municipal ordinance violation which makes the applicant presently unfit for a pawnshop dealer manager's permit; and
Any other information deemed relevant by the City for the efficient administration of this provision.
Pawnshop dealer manager's permits shall be valid for a period of three (3) years from the date of issuance. A fee of fifteen dollars ($15.00) shall be payable at the time the application for the permit or renewal is submitted for approval. Renewals shall be made in the same manner as provided for above.
Failure to provide information required by this Section shall constitute an incomplete application and the incomplete application shall not be processed.
[R.O. 2003 §650.100; Ord. No. 604 §1, 9-2-1999]
After an investigation, the City shall issue the applicable license authorized by this Chapter if the City finds:
That the business for which a license is required herein will be conducted in building, structure and location which complies with the requirements of and meets the standards of the applicable health, zoning, Building Code, fire and property maintenance ordinances of the City, as well as the requirements of this Chapter;
That the applicant has not made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the City (as part of the original license application or application for renewal thereof);
That the applicant is a person of good moral character; and
That the applicant has not had a license or permit issued under the provisions of this Chapter revoked within five (5) years immediately preceding the application.
After an investigation, the City shall issue or renew any applicable pawnbroker dealer manager's permit authorized by this Chapter if the City finds:
That the applicant has not made any false, misleading or fraudulent statement of material fact in the application for a permit or the renewal thereof;
That the applicant is a person of good moral character; and
That the applicant has not had a license or manager's permit issued under the provisions of this Chapter revoked within five (5) years immediately preceding the application.
[R.O. 2003 §650.110; Ord. No. 604 §1, 9-2-1999]
It shall be unlawful for a pawnshop owner to not comply with the Building Codes, zoning, fire, health and property maintenance ordinances of the City and with regulations of such departments of the City. Failure to comply with such ordinances or regulations may be a basis for suspension, revocation or non-renewal of the license issued to that owner.
[R.O. 2003 §650.120; Ord. No. 604 §1, 9-2-1999]
A pawnshop dealer manager permit holder or owner shall be on duty at a pawnshop at all times the pawnshop is open for business. The name of the manager or owner on duty shall be prominently posted during business hours.
It shall be the responsibility of the manager or owner to have on the premises the names, addresses, home telephone numbers, date and place of birth and Social Security numbers of all current and former (prior two (2) years) employees.
[R.O. 2003 §650.130; Ord. No. 604 §1, 9-2-1999]
Every pawnbroker shall keep at his/her place of business a clean and legible register in which he/she shall enter, in writing, a detailed description to include, but not be limited to, make, model, serial number, color, appropriate carat weight, gold content, number and description of stones and engraving or any unique identifying characteristics of all property taken, purchased or received, including any number that may be in or upon any article, together with the time and date acquired and a complete description of the person leaving or selling the property, giving his/her name, age, race, sex, color of eyes and hair, weight, height, scars, tattoos or other identifying physical characteristics, driver's license number, military identification number, home telephone number, identification certificate number or other official number capable of identifying the person, and place of residence, including street and number. The amount lent shall also be entered in the register together with the interest charged and the maturity date of the loan. Such entries shall be made within one (1) hour after the receipt or purchase of the property. Every entry shall be made in ink and shall not, in any manner, be erased, obliterated or defaced. The pawnbroker shall get from the seller or person pledging the property a signed document from the seller or person pledging the property providing that the seller or person pledging the property has the right to sell the property.
The register and documents provided for in this Section shall at all times be open to inspection by any Police Officer or anyone authorized in writing for that purpose by the Chief of Police. Every pawnbroker shall also, upon request, show and exhibit to any such person or officer for inspection any article purchased, taken or received by him/her.
[R.O. 2003 §650.140; Ord. No. 604 §1, 9-2-1999]
At the time of making any secured personal credit loan, a pawnbroker 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 pawnbroker shall keep and maintain for inspection in the same manner as the register a copy or second original of every receipt. The receipt shall contain the following:
The name and address of the pawnshop;
The name, address and date of birth of the pledgor, the pledgor's description and the driver's license number, military identification number, Social Security number, identification certificate number, or other official number capable of identifying the pledgor;
The right index fingerprint of the pledgor for all pledged goods for which the amount of cash advanced or credit extended to the pledgor exceeds fifty dollars ($50.00);
The date and time of transaction;
An identification and description of the pledged goods, including brand name, model and serial numbers, if reasonably available;
The amount of cash advanced or credit extended to the pledgor;
The amount of the pawn service charge;
The total amount which must be paid to redeem the pledged goods on the maturity date;
The maturity date of the pawn transaction; and
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.
No pawnbroker shall accept pledged property, or purchase or trade property, unless a photograph or video tape of the pledgor/seller/trader is taken by the pawnbroker and identified with the receipt issued to the pledgor/seller/trader. Said photograph or video tape shall be maintained and be available for inspection by the Police upon their request. Every pawnbroker shall display a notice to his/her customers in a prominent place that the pawnbroker is required by City ordinance to photograph or video tape every person pledging, trading or selling an item.
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.
Receipt entries shall be made in ink or indelible pencil and said entries shall not be erased, obliterated or altered in any way so as to cause said entries to become illegible.
Receipts must be maintained in a form which contains a pre-printed, sequential numbering or lettering system.
An identifying tag or sticker must be attached to all pledged goods and shall remain on said pledged goods until redeemed or otherwise disposed of.
Every pawnbroker shall maintain and shall deliver or otherwise make available, upon request of the Chief of Police or any designee, a copy of all receipts.
[R.O. 2003 §650.150; Ord. No. 604 §1, 9-2-1999]
The maximum rate of interest which may be charged for making and carrying any secured personal credit loan shall not exceed two percent (2%) per month on the amount of such loan. Pawnbrokers may also charge for the storage and security of such pledged property.
[R.O. 2003 §650.160; Ord. No. 604 §1, 9-2-1999]
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 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 borrower shall pay to the pawnbroker 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 borrower. But if the borrower 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 borrower shall be forever barred.
A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction.
Except as otherwise provided by State Statute, any person providing proper identification and presenting a pawn ticket to the pawnbroker shall be presumed to be entitled to redeem the pledged goods described therein.
[R.O. 2003 §650.170; Ord. No. 604 §1, 9-2-1999]
A pawnbroker shall not:
Accept a pledge from a person who is under eighteen (18) years of age;
Make any agreement requiring the personal liability of a pledgor in connection with a pawn transaction;
Accept a waiver, in writing or otherwise, of any right or protection accorded a pledgor under State law or City ordinance;
Fail to exercise reasonable care to protect pledged goods from loss or damage;
Fail to return pledged goods to a pledgor upon payment of the full amount due the pawnbroker for 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. Pawnbrokers shall not be responsible for loss of pledged articles due to acts of God, acts of war or riots. Each pawnbroker shall employ, if reasonably available, a reputable company for the purpose of fire and theft security.
[R.O. 2003 §650.180; Ord. No. 604 §1, 9-2-1999]
Each pawnbroker shall keep, consistent with accepted accounting practices, adequate books and records relating to the pawnbroker's 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.