[Ord. No. 207 §1, 11-16-1998]
For the purpose of this Chapter, the following terms, phrases
and words shall have the following meanings unless otherwise indicated
by context:
The Chief of Police of the City or any authorized representative.
The City of Green Park, Missouri.
That period of time from one 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, or investments made in
prepaid expenses or other general intangibles. Applicable liabilities
include trade or other accounts payable, accrued sales and 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 property on the condition that the pledged property
may be redeemed or repurchased by the seller for a fixed amount of
money 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 or items indicative of ownership
of 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 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 the pledged 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 Treasurer of the City or his/her designee.
[Ord. No. 207 §2, 11-16-1998]
A.
Licenses Required. No person shall operate a pawnshop in
the City unless such person obtains a pawnshop license issued by the
City in accordance with the provisions of this Chapter. 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.
B.
Licensing Year Is Calendar Year. All licenses issued under
this Chapter are for a period of one (1) year, or portion of one (1)
year, and expire on midnight of December thirty-first (31st). The
license fee for any license which is issued for a portion of a year
shall be prorated by the Treasurer.
C.
Application For New Pawnshop License. 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 shall contain other relevant information
sufficient to inform the Treasurer regarding the qualifications of
the applicant for a license as required by the Treasurer. 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" issued by
the Missouri Secretary of State shall be filed with the Treasurer.
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 license, 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;
2.
Proof of general liability insurance in the amount of one hundred
fifty thousand dollars ($150,000.00); and
3.
An annual fee of five hundred dollars ($500.00).
D.
Transfer Of Existing Pawnshop License — Change Of Ownership
Of Licensed Pawnshop. Transfer of an existing pawnshop license
or the change of ownership of a licensed pawnshop, requires the new
owner to follow the same steps as a new application for a new pawnshop
license. Licenses are personal to the licensee.
E.
Investigation By Treasurer. The Treasurer shall investigate
the facts contained in an application for a new pawnshop license and
shall request the assistance of the Chief of Police and any other
person having knowledge of the facts contained in the application.
F.
Standards For Issuance. 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 licenses;
3.
Has a felony or misdemeanor conviction which either directly relates
to the duties and responsibilities of the occupation of pawnbroker
or which otherwise makes the applicant presently unfit for a license;
4.
Does not have net assets of at least one hundred thousand dollars
($100,000.00) readily available for use in conducting business as
a pawnshop for each licensed pawnshop; or
5.
Does not file with the Treasurer a bond satisfactory to the Treasurer
in an amount of ten thousand dollars ($10,000.00) with a surety company
qualified to do business in the State of Missouri. 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 Treasurer, 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 Treasurer pursuant to this Chapter, during the time such bond
is in effect.
If the Treasurer is unable to verify that the applicant meets
the net assets requirement for a licensed pawnshop, the Treasurer
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.
G.
Subsequent License Applications. Subsequent to the first (1st) year for which a license is issued to a pawnbroker, each pawnbroker shall make a renewal application to the Treasurer. The application shall be filed by December first (1st) of the current licensing year and shall contain such information as required in Section 615.020(C) hereof. The Treasurer may also require such additional information as may be necessary to determine whether pertinent conditions have changed and whether a renewal license should be issued for the subsequent licensing year. The Treasurer may request the assistance of the Chief of Police or any other City personnel 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).
H.
Suspension Or Revocation Of License.
1.
If the Treasurer 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 Treasurer may suspend the license.
2.
If the Treasurer believes that conditions have changed but that the
holder of a pawnshop license may remedy the situation, the Treasurer
may suspend the license for a reasonable period of time to allow remediation,
provided the licensee has not previously been in violation of this
Chapter or State law pertaining to pawnshops. If the Treasurer 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 Treasurer
may revoke the pawnshop license.
3.
If the Treasurer believes that the safety, morals or peace of residents
of the City is immediately affected by the change in conditions, the
Treasurer may suspend or revoke the license prior to a hearing, but
the licensee shall be allowed a hearing within five (5) days of the
suspension or revocation if so desired, and the Treasurer shall provide
timely written notice to the licensee of such right. If the Treasurer
believes that the changed condition is not of such imminent hazard
to the safety, morals or peace of the residents of the City, the Treasurer
shall hold a hearing prior to taking any action against the license
and shall give the licensee at least ten (10) days' written notice
of the hearing.
4.
Any party aggrieved by a decision of the Treasurer shall have the
right of appeal of that the decision as set forth in the City's Administrative
Review Procedure.
5.
If the Treasurer determines after issuance of a permit that the application
contained false or misleading information, the license may be revoked
or suspended prior to a hearing, but the licensee shall be entitled
to request a hearing within five (5) days.
I.
Issuance Of Pawnshop Licenses Prohibited Near Churches/Synagogues,
Schools, Public Libraries, Residentially-Zoned Districts Or Other
Pawnshops.
1.
No license shall be issued for the operation of a pawnshop as defined
within this Chapter wherein said pawnshop will be located within one
thousand five hundred (1,500) feet of the property of any church,
synagogue, school, public library or residentially-zoned property.
2.
No license shall be issued for the operation of a pawnshop as defined
in this Chapter wherein said pawnshop will be located within one (1)
mile of the property line of property on which there is located another
pawnshop.
3.
No license shall be issued for the operation of a pawnshop as defined
in this Chapter wherein said pawnshop will be located within one thousand
five hundred (1,500) feet of the property line of any residence, unless
the licensee shall provide to the Treasurer written authorization
for such operation from the owner of record of such property and each
adult resident thereof.
[Ord. No. 207 §3, 11-16-1998]
A.
Receipt For Pledged Property, Contents, Loss Of, Effect.
1.
At the time of making the secured personal credit loan, the lender
shall execute and deliver to the borrower a receipt for, and describing,
the pledged property subjected to the security interest to secure
the payment of the loan. The receipt shall contain the following:
a.
The name and address of the pawnshop;
b.
The name and address of the pledgor, the pledgor's description, the
driver's license number, date of birth, height, weight, sex, race
or nationality, and military identification number, identification
certificate number, or other official number capable of identifying
the pledgor;
c.
The date of the transaction;
d.
An identification and description of the pledged property, including
serial numbers if reasonably available;
e.
The amount of cash advanced or credit extended to the pledgor;
f.
The amount of the pawn service charged;
g.
The total amount which must be paid to redeem the pledged property
on the maturity date;
h.
The maturity date of the pawn transaction; and
i.
A statement to the effect that the pledgor is not obligated to redeem
the pledged property, and that the pledged property may be forfeited
to the pawnbroker sixty (60) days after the specified maturity date.
2.
If a 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 property has not previously
been redeemed. Before delivering the pledged property 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.
B.
Operational Regulations.
1.
The pawnbroker shall keep a register of all items pawned at each pawnshop, which register shall contain the information listed in Subsection (A)(1) of this Section.
2.
All pawnbrokers shall install a proper camera in operative condition
and shall use such equipment to photograph every person and receipts
of pawn shop tickets given to such persons with all loans and with
all purchases of items from persons.
3.
All pawnbrokers shall display, in a prominent place, a notice to
customers that they are required to be photographed when they pawn,
sell, or offer as a part or full payment, any item to the pawnbroker.
4.
All such photographs shall be maintained and kept by the pawnbroker
for a period of at least one (1) year following the taking of the
photograph, and shall be available for development, and developed
by the pawnbroker upon request by the Chief of Police.
5.
The register and photographs provided for herein shall at all times
be kept open to the inspection of Police Officers under the direction
of, or as authorized by, the Chief of Police. Every pawnbroker shall
also, upon request, show and exhibit to any such officer, any ordinance
purchased, taken or received by the pawnbroker if the item is still
in the possession of the pawnbroker.
C.
Hold Orders.
1.
Whenever any Police Officer has probable cause to believe that property
in possession of a pawnbroker licensed by the City is stolen or embezzled,
said officer may place a written hold order on the property. The initial
term of such order may not exceed thirty (30) days, except that the
holding period may be extended in successive thirty (30) day increments
upon written notification prior to the expiration of the immediately
preceding holding period. If the holding period has expired and has
not been extended as provided in this Section, the hold order shall
be considered expired and no longer in effect and title shall vest
in the pawnbroker, subject to any restrictions contained in the pawn
contract. A hold order required by this Section shall contain the
following:
a.
Name of the pawnbroker;
b.
Name, title and identification number of the Police Officer placing
the hold order;
c.
Name and address of the agency to which the Police Officer is attached
and the offense number;
d.
Complete description of the property to be held, including model
number, serial number and transaction number;
e.
Name of the person or agency reporting the property as stolen or
embezzled;
f.
Mailing address of the pawnshop where the property is held; and
g.
Expiration date of the holding period.
2.
The pawnbroker or his designee shall sign and date a copy of the
hold order as evidence of its receipt and the beginning of the initial
holding period.
3.
While the hold order is in effect, the pawnbroker may consent to
release, upon written receipt, the stolen or embezzled property to
the custody of the law enforcement agency to which the Police Officer
placing the hold order is attached. Such consent shall not be considered
a waiver or release of the pawnbroker's property rights or interest
in the property.
4.
Except as provided in Subsection (C)(3) of this Section, the pawnbroker shall not release or dispose of the property except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions.
5.
In the event criminal charges have been filed in any Missouri court
involving property which is in the possession of a pawnbroker licensed
by the City and which may be needed as evidence, the appropriate Prosecuting
Attorney's office may place a written hold order on the property.
Such order shall contain the case number, the style of the case and
a description of the property. The pawnbroker shall hold such property
until receiving notice of the disposition of the case from the Prosecuting
Attorney's office. The Prosecuting Attorney's office shall notify
the pawnbroker in writing within fifteen (15) days of the disposition
of the case.
6.
Willful non-compliance by a pawnbroker to a written hold order shall
be cause for the pawnbroker's license to be suspended or revoked.
A hold order may be terminated at any time by written release from
the law enforcement agency or Prosecuting Attorney placing the initial
hold order.
D.
Loans Due, When — Return Of Collateral, When — Restrictions.
1.
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 pledged 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 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 pledged 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.
2.
A pledgor shall have no obligation to redeem pledged property or
make any payment on a pawn transaction.
3.
Except as otherwise provided herein, any person properly identifying
himself and presenting a pawn ticket to the pawnbroker shall be presumed
to be entitled to redeem the pledged property described therein.
4.
A pawnbroker shall not:
a.
Accept a pledge from a person who is under eighteen (18) years of
age;
b.
Make any agreement requiring the personal liability of a pledgor
in connection with a pawn transaction;
c.
Accept any waiver, in writing or otherwise, of any right to protection
accorded a pledgor under this Chapter or other law;
d.
Fail to exercise reasonable care to protect pledged property from
loss or damage;
e.
Fail to return pledged property to a pledgor upon payment of the
full amount due the pawnbroker or the pawn transaction. In the event
such pledged property is 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
property with like kind of merchandise; or
f.
Purchase or take in trade used or secondhand personal property unless
a record is established that contains:
(1)
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;
(2)
A complete description of the property, including the serial
number, if reasonably available, or other identifying characteristic;
and
(3)
A signed document from the seller providing that the seller
has the right to sell the property.
5.
A pawnbroker shall have no recourse when a customer has pledged property
for the receipt of money except the pledged property itself, unless
the pledged property is found to be stolen, embezzled, mortgaged or
otherwise pledged or encumbered and the pawnbroker was not made aware
of such facts by the customer at the time the property was pledged.
When a customer is officially notified by a Police Officer that the
property he pledged or sold to a pawnbroker was stolen or embezzled,
the customer shall be liable to repay the pawnbroker the full amount
the customer received from the pawn or buy transaction.
E.
Pawnshop Not To Be Used As A Residence. 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.
F.
Hours Of Operation. No pawnshop shall be open for business
or receive as pawned, pledged or purchased, or any condition whatsoever,
any ordinance of personal property or other valuable thing between
the hours of 7:00 P.M. on any day and 7:00 A.M. on the following day.
G.
Notice Of Pledged Property To Be Shipped Out Of Town. Every
pawnbroker shall give the Chief of Police notice of all pledged property
to be shipped out of town, which notice shall state the name of the
pledgee and the destination and date of shipment. Such property shall
not be shipped for at least seven (7) days after delivery of the copy
of the register to the Chief of Police.
H.
Adequate Books And Records Required. 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 received therein.
[Ord. No. 207 §4, 11-16-1998]
The Treasurer may issue such rules and regulations as he or
she deems necessary to implement this Chapter and the policies contained
herein.
[Ord. No. 207 §5, 11-16-1998]
It is the intention of the Board of Aldermen that this Chapter
shall be read in harmony with all other ordinances of the City, and
that such ordinances and provisions shall be so construed, interpreted,
administered and applied as to reconcile any differences between them
and this Chapter. To the extent that any such ordinances and provisions
are determined to be irreconcilable with the provisions of this Chapter,
but only to that extent, the provisions of this Chapter shall be deemed
to have superseded the conflicting provisions.
[Ord. No. 207 §6, 11-16-1998]
Any person operating a pawnshop without a license or otherwise in violation of the standards and requirements provided herein shall be guilty of a violation of this Chapter and, upon conviction thereof, shall be punished as provided in Section 100.140 et seq. of this Code.
