[R.O. 2012 §625.010; Ord. No. 630 Art. I, 11-6-1997]
Unless it appears that a different meaning is intended, the following words shall have the meanings given them by this Section.
- CHIEF OF POLICE
- The Superintendent of the St. Louis County Police Department.
- 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.
- PLEDGED GOODS
- 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/her business in connection with a pawn transaction.
- SECURED PERSONAL CREDIT LOAN
- Every loan of money made in this State, the payment of which is secured by a security interest in tangible personal property which is physically delivered into the hands of the lender at the time of the making of the loan and which is to be retained by the lender while the loan is a subsisting obligation.
[R.O. 2012 §625.020; Ord. No. 630 Art. II, 11-6-1997]
At the time of making any secured personal credit loan, the lender 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 receipt shall contain the following:
The name and address of the pawnshop;
The name and address of the pledgor, the pledgor's description, and the driver's license number, date of birth, height, weight, sex, race or nationality, military identification number, identification certificate number, or other official number capable of identifying the pledgor;
The date of the transaction;
An identification and description of the pledged goods, including serial numbers if reasonably available;
The amount of cash advanced or credit extended to the pledgor;
The amount of the pawn service charge;
The total amount which must be paid to redeem the pledged goods on the maturity date;
The maturity date of the pawn transaction; and
A statement to the effect that the pledgor is not obligated to redeem the pledged goods, and that the pledged goods may be forfeited to the pawnbroker sixty (60) days after the specified maturity date.
The pawnbroker shall keep a register of all items pawned at each pawnshop, which register shall contain the information listed in Subsection (A) of this Section.
All pawnbrokers shall install a proper camera in operative condition and use such equipment to photograph every person and receipts of pawnshop tickets given to such persons with all loans to persons and with all purchases of items from persons.
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 at any time to the pawnbroker or secondhand dealer.
All such photographs shall be maintained by the pawnbroker for a period of at least one (1) year following the taking of the photograph and shall be available for development upon request by the Chief of Police.
The register and photographs provided for herein shall at all times be kept open to the inspection of Police Officers duly sworn by the State of Missouri under Chapter 590, RSMo. Every pawnbroker shall also, upon request, show and exhibit to any such officer any article purchased, taken or received by the pawnbroker if the item is still in the possession of the pawnbroker.
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.
[R.O. 2012 §625.030; Ord. No. 630 Art. III, 11-6-1997]
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 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 lender the principal sum of the loan, with the loan fee or fees, and the interest due thereon to the date of payment, the lender 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, the title to the tangible personal 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.
A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction.
Except as otherwise provided herein, 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.
A pawnbroker shall not do any of the following:
Accept a pledge from a person who is under eighteen (18) years of age.
Make any agreement requiring the personal liability of a pledgor in connection with a pawn transaction.
Accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor under this Chapter or other law.
Fail to exercise reasonable care to protect pledged goods from loss or damage.
Fail to return pledged goods to a pledgor upon payment of the full amount due the pawnbroker on the pawn transaction. 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. Lenders shall not be responsible for loss of pledged articles due to acts of God, acts of war, or riots. Each lender shall employ, if reasonably available in his/her area, a reputable company for the purpose of fire and theft security.
Purchase or take in trade used or secondhand personal property unless a record is established that contains:
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;
A complete description of the property including the serial number if reasonably available, or other identifying characteristic; and
A signed document from the seller providing that the seller has the right to sell the property.
[R.O. 2012 §625.040; Ord. No. 630 Art. III, 11-6-1997]
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.
[R.O. 2012 §625.050; Ord. No. 630 Art. III, 11-6-1997]
No pawnshop shall be open for business or receive as pawned, pledged or purchased on 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.
[R.O. 2012 §625.060; Ord. No. 630 Art. III, 11-6-1997]
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 superintendent.
[R.O. 2012 §625.070; Ord. No. 630 Art. III, 11-6-1997]
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 recorded therein.
[R.O. 2012 §625.080; Ord. No. 630 Art. IV, 11-6-1997]
Any person who violates any provision of this Chapter shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in jail for not more than ninety (90) days, or by both such fine and imprisonment.