[Ord. No. 701 §1, 12-18-2003]
For the purposes of this Chapter, the following terms shall
apply.
A person who claims that property in the possession of a
pawnbroker is misappropriated from the claimant and fraudulently pledged
or sold to the pawnbroker.
A written legal instrument issued to a pawnbroker by a Law
Enforcement Officer ordering the pawnbroker to retain physical possession
of pledged goods in the possession of a pawnbroker or property purchased
by and in the possession of a pawnbroker and not to return, sell or
otherwise dispose of such property as such property is believed to
be misappropriated goods.
Shall mean a "Police Officer," as defined in Chapter 200 of the Municipal Code.
[Ord. No. 2013, 3-4-2020]
Stolen, embezzled, converted or otherwise wrongfully appropriated
or pledged against the will of the lawful owner.
Any person who loans money on deposit of personal property
or who deals in the purchase of personal property, on condition of
selling same back again at a stipulated price.
A person who pledges property to the pawnbroker.
A person who sells property to a pawnbroker.
[Ord. No. 701 §2, 12-18-2003; Ord.
No. 2013, 3-4-2020]
Every pawnbroker shall keep a register of all loans and purchases effected or made by him/her in relation to any tangible personal property. The register shall include the date of loans or purchases and the names of all persons who have left any property on deposit as a collateral security or as a delivery on sale thereof. Opposite such name and date shall be written the person's date of birth, driver's license number, Social Security number or other identification record capable of identifying the person, a full description of all such property purchased or received on deposit as collateral security, the manufacturer's identifying insignia or serial number (if applicable), the time when the loan matures, the amount of purchase money or the amount loaned, the interest charged and the picture number as required by Section 620.040 of this Chapter. The pawnbroker shall give the party negotiating or selling the property a written or printed ticket for the loan and a written or printed receipt of the articles purchased, having on each a copy of the entries required by this Section to be kept in his/her register. For the ticket or receipt, he/she shall not be entitled to make any charge. A third (3rd) copy of such register shall be made available, on a weekly basis, to the Detective Bureau of the St. Charles County Police Department.
[Ord. No. 701 §3, 12-18-2003]
It shall be the duty of every pawnbroker to report to the Police
any article pledged with him/her, or which is sought to be pledged
with him/her, if he/she shall have reason to believe that the article
was stolen.
[Ord. No. 701 §4, 12-18-2003]
No pawnbroker shall accept any article or property as collateral
security or purchase any article or property, unless he/she shall
make a photograph of the person, along with the article or property,
from whom such article or property is being received, along with the
receipt or pawn ticket given to such person; nor shall any pawnbroker
refuse to deliver such photograph to any Law Enforcement Officer upon
request. Every pawnbroker shall display a notice to his/her customers
in a prominent place to the effect that he/she is required, by City
ordinance, to photograph every person pawning or selling an item to
him/her.
[Ord. No. 701 §5, 12-18-2003]
A.
Upon
request of a Law Enforcement Officer to inspect property that is described
in information furnished by the pawnbroker, the Law Enforcement Officer
shall be entitled to inspect the property described, without prior
notice or the necessity of obtaining a search warrant, during regular
business hours in a manner so as to minimize interference with or
delay to the pawnbroker's business operation. When a Law Enforcement
Officer has probable cause to believe that goods or property in the
possession of a pawnbroker are misappropriated, the officer may place
a hold order on the property. The hold order shall contain the following:
1.
The name of the pawnbroker;
2.
The name and mailing address of the pawnshop where the property is
held;
3.
The name, title and DSN of the Law Enforcement Officer placing the
hold order;
4.
The name and address of the agency to which the Law Enforcement Officer
is attached and the claim or case number, if any, assigned by the
agency to the claim regarding the property;
5.
A complete description of the property to be held including model
and serial numbers;
6.
The expiration date of the holding period.
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The hold order shall be signed and dated by the issuing officer
and signed and dated by the pawnbroker or the pawnbroker's designee
as evidence of the hold order's issuance by the officer, receipt by
the pawnbroker and the beginning of the initial holding period. The
officer issuing the hold order shall provide an executed copy of the
hold order to the pawnbroker for the pawnbroker's records.
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B.
Upon
receiving the hold order, the pawnbroker shall retain in a secured
area physical possession of the property subject to the order. The
initial holding period of the order shall not exceed two (2) months,
except that the hold order may be extended for up to two (2) successive
one (1) month periods upon written notification prior to the expiration
of the preceding holding period. A hold order may be released prior
to the expiration of any holding period or extension thereof by written
release from the agency placing the initial hold order. The initial
hold order shall be deemed expired upon the expiration date if the
holding period is not extended pursuant to this Subsection.
C.
Upon
the expiration of the initial holding period or any extension thereof,
the pawnbroker shall deliver written notice to the Law Enforcement
Officer issuing the hold order that such order has expired and that
title to the property subject to the hold order will vest in the pawnbroker
in ten (10) business days. Ownership shall only vest in the pawnbroker
upon the expiration of the ten (10) day waiting period subject to
any restriction contained in the pawn contract.
D.
Gross
negligence or willful non-compliance with the provisions of this Section
by a pawnbroker shall be cause for the City of Dardenne Prairie to
suspend or revoke the pawnbroker's license. Any imposed suspensions
or revocation provided for by this Subsection may be appealed by the
pawnbroker to the City of Dardenne Prairie or to a court of competent
jurisdiction.
E.
All
records and information that relate to a pawnbroker's pawn, purchase
or trade transactions and that are delivered to or otherwise obtained
by an appropriate Law Enforcement Officer pursuant to this Chapter
are confidential and may be used only by such appropriate Law Enforcement
Officer and only for the following official law enforcement purposes:
1.
The investigation of a crime specifically involving the item of property
delivered to the pawnbroker in pawn, purchase or trade transaction;
2.
The investigation of a pawnbroker's possible specific violation of
the recordkeeping or reporting requirements, but only when the appropriate
Law Enforcement Officer, based on a review of the records and the
information received, has probable cause to believe that such a violation
occurred; and
3.
The notification of property crime victims of where property that
has been reported misappropriated can be found.
[Ord. No. 701 §6, 12-18-2003]
A.
Upon
written notice from a Law Enforcement Officer indicating that property
in the possession of a pawnbroker and subject to a hold order is needed
for the purpose of furthering a criminal investigation and prosecution,
the pawnbroker shall release the property subject to the hold order
to the custody of the Law Enforcement Officer for such purpose, and
the officer shall provide a written acknowledgment that the property
has been released to the officer. The release of the property to the
custody of the Law Enforcement Officer shall not be considered a waiver
or release of the pawnbroker's property rights or interest in the
property. Upon completion of the criminal investigation, the property
shall be returned to the pawnbroker who consented to its release;
except that if the Law Enforcement Officer has not completed the criminal
investigation within one hundred twenty (120) days after its release,
the officer shall immediately return the property to the pawn-broker
or obtain and furnish to the pawnbroker a warrant for the continued
custody of the property.
B.
Except
as provided in the above Subsection, 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.
[Ord. No. 701 §7, 12-18-2003]
A.
The
prosecuting attorney shall notify the pawnbroker in writing in cases
where criminal charges have been filed and the property may be needed
as evidence. The notice shall contain the case number, the style of
the case and a description of the property.
B.
The
pawnbroker shall hold such property until receiving notice of the
disposition of the case from the prosecuting attorney. The prosecuting
attorney shall notify the pawnbroker and claimant in writing within
fifteen (15) days of the disposition of the case.
[Ord. No. 701 §8, 12-18-2003]
No pawnbroker shall have any business dealings as a pawnbroker
with any person under the age of eighteen (18) years. No pawnbroker's
license shall be issued to any person who is not eighteen (18) years
of age or over. No person under eighteen (18) years of age shall be
an agent for any pawnbroker.
[Ord. No. 701 §9, 12-18-2003]
A.
No
person or corporation shall conduct or operate a business of pawnbroker
in violation of any provisions of this Chapter.
B.
No
person or corporation shall conduct or operate the business of pawnbroker
without having first obtained a license from the City of Dardenne
Prairie.
1.
The City of Dardenne Prairie may issue a pawnshop license to any
person who meets the qualifications of this Section. To be eligible
for a pawnshop license, an applicant shall:
2.
If the City of Dardenne Prairie is unable to verify that the applicant
meets the net asset requirement for a licensed pawnshop, the City
of Dardenne Prairie may require a finding, including the presentation
of a current certified 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.
3.
An application for a new pawnshop license, 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 located and other relevant information required by the City
of Dardenne Prairie. If the applicant is a partnership, the application
shall state the full name and address of each member. If the applicant
is a corporation, the application shall state the full name and address
of each officer, shareholder and director. 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 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;
b.
Proof of general liability insurance; and
c.
An annual fee of five hundred dollars ($500.00).
4.
Each applicant for a pawnshop license at the time of filing application
shall file with the City of Dardenne Prairie a bond satisfactory to
the City and in an amount not to exceed ten thousand dollars ($10,000.00)
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 City of Dardenne
Prairie for the use of the City and of any person or persons who may
have 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 will pay
to the City of Dardenne Prairie and to any such person or persons
any and all amounts of money that may become due or owing to the City
or to such person or persons from such obligor under and by virtue
of the provisions of this Chapter during the time such bond is in
effect.
[Ord. No. 701 §10, 12-18-2003]
A.
Application
for a pawnbroker's license shall be made to the City Clerk and shall
state thereon the name of the applicant, the place of business and
the number of employees intended to be engaged. The Police Department
shall investigate each applicant for such license and shall report
back to the Board of Aldermen whether or not such applicant is a person
of good moral character. No license shall be issued to a person who
has been convicted of a felony or misdemeanor, which directly relates
to the duties and responsibilities of the occupation of pawnbroker,
or otherwise makes the applicant presently unfit for a pawnshop license.
[Ord. No. 2013, 3-4-2020]
B.
The
applicant for a pawnbroker's license shall have agreed not to accept
as collateral security or to purchase any camera, radio, television,
stereo equipment, lawn mower, typewriter, computer equipment, cellular
phone, paging device, calculating machine, copying machine, power
tool, cash register, still or moving picture projector, video camera
or firearm, unless such item shall have plainly visible thereon the
manufacturer's serial number.
[Ord. No. 701 §11, 12-18-2003]
A.
No
pawnbroker shall be allowed to have more than one (1) place for transacting
the business of a pawnbroker without having first obtained a license
for each location.
B.
No
person shall act as an agent for a pawnbroker at any other place than
the place of business stated in the application for a license.
[Ord. No. 701 §12, 12-18-2003]
In the event a licensee under this Chapter shall change any
of the addresses stated in the application during the term for which
the license is issued, such licensee shall notify the City Clerk of
such change not later than five (5) business days after such change.
