[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.
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.
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.
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.
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 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]
A.
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:
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
A pawnshop license shall expire on March 31 of each year.
I.
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.
J.
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]
A.
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.
B.
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:
1.
The applicant's name, home address, home telephone number,
date and place of birth and Social Security number;
2.
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;
3.
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
4.
Any other information deemed relevant by the City for the efficient
administration of this provision.
C.
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.
D.
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]
A.
After an investigation, the City shall issue the applicable license
authorized by this Chapter if the City finds:
1.
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;
2.
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);
3.
That the applicant is a person of good moral character; and
4.
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.
B.
After an investigation, the City shall issue or renew any applicable
pawnbroker dealer manager's permit authorized by this Chapter
if the City finds:
1.
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;
2.
That the applicant is a person of good moral character; and
3.
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.
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.
B.
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]
A.
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.
B.
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]
A.
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:
1.
The name and address of the pawnshop;
2.
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;
3.
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);
4.
The date and time of transaction;
5.
An identification and description of the pledged goods, including
brand name, model and serial numbers, if reasonably available;
6.
The amount of cash advanced or credit extended to the pledgor;
7.
The amount of the pawn service charge;
8.
The total amount which must be paid to redeem the pledged goods
on the maturity date;
9.
The maturity date of the pawn transaction; and
10.
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.
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.
C.
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.
D.
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.
E.
Receipts must be maintained in a form which contains a pre-printed,
sequential numbering or lettering system.
F.
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.
G.
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]
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 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.
B.
A pledgor shall have no obligation to redeem pledged goods or make
any payment on a pawn transaction.
C.
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.
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 a waiver, in writing or otherwise, of any right or protection
accorded a pledgor under State law or City ordinance;
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 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.
