[R.O. 2009 §12-144; Ord. No. 882 §1, 5-28-1996]
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 of Cool Valley 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 herein. 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, income or other taxes, accrued
expenses, and notes or other payables that are unsecured or secured
in whole or part by currents 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 those 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.
The Treasurer of the City of Cool Valley.
[R.O. 2009 §12-145; Ord. No. 882 §1, 5-28-1996]
A.
Licenses Required. No person shall operate a pawnshop in the City of Cool Valley unless such person obtains a pawnshop license issued by the City in accordance with the general licensing provisions of Chapter 605 and the specific 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. It shall be unlawful for any person to conduct or transact a pawnbroker business in the City unless he/she shall keep posted in a conspicuous place in the place of business the license certificate therefor and a copy of all ordinances relating to pawnbrokers.
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.
1.
An application for a new pawnshop license shall be under oath and
on forms prescribed and provided by the Treasurer 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. At minimum, the application shall include:
a.
The full name and address of the applicant and each prospective pawnshop
employee, if known, for the past two (2) years;
b.
The address where the business is to be conducted;
c.
A statement as to whether the applicant and each prospective pawnshop
employee, if known, have ever been convicted of a felony;
d.
The name, address and phone number of at least two (2) persons of
good moral character who may be used as character references for the
applicant and each prospective pawnshop employee, if known; and
e.
If the applicant is a partnership, the application shall include
the required information for each partner and whether such partner
is a general partner or a limited partner. If the applicant is a corporation,
the application shall include the required information for each officer
and Treasurer and each shareholder owning twenty percent (20%) or
more of the corporate stock.
2.
The application shall be accompanied by:
a.
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;
b.
Proof of general liability insurance in the amount of five hundred
thousand dollars ($500,000.00);
c.
An annual fee of five hundred dollars ($500.00); and
d.
If the applicant is a corporation, a "certificate of good standing"
issued by the Missouri Secretary of State.
D.
Non-Use And Transfer Of License.
1.
If a pawnbroker shall not conduct business for any continuous period
of ninety (90) days after the issuance of a license, the license shall
be null and void.
2.
Licenses are personal to the licensee and may not be transferred
to any other person. Any attempt to transfer such license to any other
person shall render said license null and void. It shall be unlawful
for any person to do business or to attempt to do business under a
license transferred to him/her.
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 who has knowledge of the facts contained in the application
or who is authorized to investigate these facts.
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 a renewal license;
3.
Fails to show that the pawnshop will be operated lawfully and fairly
within the purposes of the Chapter;
4.
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;
5.
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
6.
Does not file with the Treasurer a bond satisfactory to the Treasurer
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 Treasurer and will pay to
the City and to any such person(s) any and all amounts of money that
may become due or owing to the City or to 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.
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If the Treasurer is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop as required by Subsection (F)(5) hereof, 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.
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G.
Exemption From Requirement For New Pawnshop License. No person who is lawfully operating a pawnshop on the date of the enactment of this Chapter shall be required to obtain a license under this Section in order to continue operating such pawnshop, so long as such person does not violate any other provisions of Sections 367.011 to 367.060, RSMo., or this Chapter. Such persons may continue to operate those pawnshops then in existence, but thereafter must receive annual renewal licenses even though the operation of such pawnshop might cause the number of pawnbrokers in the City to exceed the number determined by operation of Subsection (H) of this Section. Such persons shall be required to pay the five hundred dollar ($500.00) annual fee prescribed in Subsection (I) of this Section, but such payment shall be in lieu of any occupational license fee.
H.
Limitation On Number Of Pawnbrokers In The City Of Cool Valley. Subject to the provisions of Subsection (G) of this Section, no license for engaging in the business of pawnbroker shall be issued, when the issuance thereof would increase the number of such licenses outstanding and in force at that time to more than one (1) per each five thousand (5,000) inhabitants residing in the City of Cool Valley, Missouri.
I.
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 be on the forms and shall contain such information as the
Treasurer may require. The forms shall contain such information as
will assist the Treasurer in determining whether 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 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).
J.
Suspension Or Revocation Of License.
1.
If the Treasurer believes that any condition has changed such that
the licensee would not be eligible to receive a pawnbrokers license
or that the licensee is in violation of this Chapter or any State
or municipal law, the Treasurer may suspend the license.
2.
If the Treasurer believes that the licensee is capable of remedying
the adverse change in conditions and if the licensee has not previously
been in violation of this Chapter or State or municipal law, the Treasurer
may suspend the license. 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 licensee has
previously been in violation of this Chapter or State or municipal
law, then the Treasurer may revoke the license.
3.
If the Treasurer believes that the safety, morals or peace of residents
of the City of Cool Valley, Missouri, is immediately affected by the
change in conditions, the Treasurer 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 Treasurer believes that the changed
condition is not of such imminent hazard to the safety, morals or
peace of the residents of the City, he/she may hold a hearing prior
to taking any action. He/she shall give the licensee at least ten
(10) days' notice of said hearing.
4.
Any party aggrieved by a decision of the Treasurer may appeal to
the Circuit Court of St. Louis County in accordance with the provisions
of Chapter 536, RSMo.
K.
Issuance Of Pawnshop Licenses Prohibited — When.
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 (1,000) feet of the property line of any church, synagogue,
school 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 thousand
(1,000) feet 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
(1,000) 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.
4.
No license shall be issued unless the pawnbroker has obtained a special
or conditional use permit as may be required by the City Zoning Code.
[R.O. 2009 §12-146; Ord. No. 882 §1, 5-28-1996]
A.
Pawn Number. The pawnbroker shall affix to each item of
tangible personal property a tag upon which shall be inscribed a pawn
number of legible characters which shall correspond to the number
on any pawn ticket or receipt for payment.
B.
Pawn Ticket For Pledged Property, Contents, Loss
Of, Effect. At the time of making the secured personal credit
loan, the lender shall execute and deliver to the borrower a pawn
ticket 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, date of birth, height, weight,
sex, race or nationality 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,
but not limited to, serial numbers, if reasonably available, and an
estimated value of each item pledged;
5.
The amount of cash advanced or credit extended to the pledgor;
6.
The amount of the pawn service charged;
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;
9.
A statement to the effect that the maximum legal interest rate may
not exceed two percent (2%) per month on the amount of any loan; 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.
C.
Employee Registration. Every employee of a pawnshop shall,
within thirty (30) days from the issuance of any license, register
his/her name and address with the Police Department of the City and
shall have had his/her thumbprints, fingerprints and photograph taken
and filed with the City and such employee shall receive a certificate
showing compliance therewith, except that employees registered with
the City need not register a second (2nd) time. The term "employee" means all persons working in a pawnshop, including any owner, any
officer, Treasurer or stockholder if the owner is a corporation, any
partner or any other person who receives income in any manner from
engaging in the operation of said pawnshop.
D.
Affidavit Of Lost Ticket. 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
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.
E.
Receipt For Payment To Be Furnished. Upon any payment by
a pledgor or upon the redemption of any pledge, the pawnbroker shall
furnish to the pledgor a written signed receipt indicating the exact
amount paid on principal, interest and any other charges. Said written
receipt shall be either printed or stamped with the name of the pawnbroker
and the address, shall include the date of payment and shall be legibly
written so that the figures thereon are clearly discernible.
F.
Pawn Register. Each pawnbroker shall keep a register of all items pawned at each pawnshop, which register shall contain the information listed in Subsections (A) and (B) of this Section. This record shall be kept in a bound book or in a continuous sheet of paper or tape, handwritten in ink or typed using a ribbon other than carbon, so that it will be obvious if an entry has been erased, obliterated or defaced. Such information may be made on cards, individual sheets or order pads if each sheet or card is numbered, so that if an entry is removed, it will be obvious.
G.
Daily Report. Each pawnbroker must, before the hour of 6:00
P.M. of every day, except Sunday and days the pawnbroker is closed
all day, make and deliver to the Chief of Police at the Police station
a full, true and detailed copy of that day's pawn register. If no
article or thing has been pawned or received during said day, a report
must be made to that effect.
H.
Photographic Records.
1.
All pawnbrokers shall install a proper camera in operative condition
and shall use such equipment to photograph every person and the receipts
of pawnshop tickets given to such persons with all loans and with
all purchases of items from persons.
2.
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.
3.
All such photographs shall be available for development and developed
by the pawnbroker upon request by the Chief of Police.
I.
Retention And Use Of Records. Each licensee shall keep and
maintain the originals of the foregoing records, or an original copy
as may be appropriate, for a period of at least two (2) years from
the date of the last transaction recorded therein and each such record
shall at all reasonable times be open to inspection by the Chief of
Police or at his/her direction.
[R.O. 2009 §12-147; Ord. No. 882 §1, 5-28-1996]
A.
Interest Rates. It shall be unlawful for any pawnbroker
to charge interest exceeding two percent (2%) per month on any pledge.
All pawnbrokers shall display in a prominent place a notice to customers
that the maximum legal interest rate may not exceed two percent (2%)
per month on the amount of any loan.
B.
Safekeeping Of Pledges.
1.
Every pawnbroker licensed under the provisions hereof shall provide
a safe place for the keeping of the pledges received by him/her and
shall have sufficient insurance on the property held on pledges, for
the benefit of the pledgors, in case of destruction by fire or loss
by theft. A pawnbroker shall not fail to exercise reasonable care
to protect pledged goods from loss or damage.
2.
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.
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Pawnbrokers shall not be responsible for loss of pledged articles
due to acts of God, acts of war or riots. Each lender shall employ
a reputable company for the purpose of fire and theft security.
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C.
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 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 pledgor shall pay to the pawnbroker the principal sum
of the loan with the loan fee(s) and the interest due thereon to the
date of payment, the pawnbroker shall thereupon deliver possession
of the tangible property to the pledgor. But, if the pledgor fails
during the period of sixty (60) days to make payment, then the 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 pledgor shall
be forever barred.
2.
A pledgor shall have no obligation to redeem pledged goods or make
any payment on a pawn transaction.
3.
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.
Hold Orders.
1.
Whenever any Peace 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. A hold
order required by this Section shall contain the following:
a.
Name of the pawnbroker;
b.
Name, title and identification number of the Peace Officer placing
the hold order;
c.
Name and address of the agency to which the Peace 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 agency reporting the property to be stolen or embezzled;
and
f.
Mailing address of the pawnshop where the property is held.
2.
The pawnbroker or his/her designee shall sign and date a copy of
the hold order as evidence of its receipt.
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 Peace 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 (D)(3) of this Section, the pawnbroker shall not release or dispose of the property except pursuant to a court order or the termination or expiration date, if any, of the hold order.
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 of Cool Valley 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 with 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.
E.
Lost, Stolen Or Encumbered Property — Police Cooperation.
1.
Each pawnbroker shall notify the Police of any article pledged or
attempted to be pledged, if the pawnbroker has reason to believe that
said article was stolen or lost.
2.
A pawnbroker shall have no recourse when a customer has pledged goods
for the receipt of money except the pledged goods themselves, unless
the pledged goods are found to be stolen, lost, mortgaged or otherwise
pledged or encumbered. When a customer is notified by a Peace Officer
that the goods he/she pledged or sold to a pawnbroker were stolen,
lost, mortgaged or otherwise pledged or encumbered, the customer shall
be liable to repay the pawnbroker the full amount the customer received
from the pawn or buy transaction. A pawnbroker shall not charge any
fee relating to the restoration of such property to its rightful owner.
3.
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.
4.
Every pawnbroker shall, upon request, show and exhibit to any Peace
Officer any article purchased, taken or received by the pawnbroker
if the item is still in the possession of the pawnbroker.
F.
Miscellaneous Regulations.
1.
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.
2.
Hours of operation. No pawnshop shall be open for
business or receive as pawned, pledged or purchased or upon 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.
3.
Keeping items seven (7) days. No pawnbroker shall
destroy, melt down, dispose of, sell or deliver to any other person
any item of tangible personal property until seven (7) days have passed
from the date the item was received.
4.
Dealing in weapons prohibited — when. No pawnbroker
shall receive as security or otherwise conduct any transaction involving
any kind of firearm, revolver, pistol, rifle, bowie knife, spring
back knife, razor, metal knuckles, billy, sword, cane, dirk, dagger
or other similar weapon, unless said pawnbroker is otherwise licensed
by applicable State and Federal law to purchase and sell such weapons.
5.
Secondhand goods. A pawnbroker shall not 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.
6.
Additional restrictions. A pawnbroker shall not:
a.
Accept a pledge from a person who is under eighteen (18) years of
age;
b.
Male 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 or protection
accorded a pledgor under this Chapter or other law; or
d.
Fail to return pledged goods to a pledgor upon payment of the full
amount due the pawnbroker on the pawn transaction.
[R.O. 2009 §12-148; Ord. No. 882 §1, 5-28-1996]
The Treasurer may issue such rules and regulations as he/she
deems necessary to implement this Chapter and the policies contained
herein.
[R.O. 2009 §12-149; Ord. No. 882 §1, 5-28-1996]
It is the intention of the Board of Aldermen that this Chapter
shall be read in harmony with all other articles of the City and that
such articles 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 articles 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.
[R.O. 2009 §12-150; Ord. No. 882 §1, 5-28-1996]
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 Section and, upon conviction thereof, shall be punished as provided in Section 100.220 of this Code.
