[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.
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.
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.
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]
A.
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:
1.
The name and address of the pawnshop;
2.
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;
3.
The date of the transaction;
4.
An identification and description of the pledged goods, including
serial numbers if reasonably available;
5.
The amount of cash advanced or credit extended to the pledgor;
6.
The amount of the pawn service charge;
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; and
9.
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.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
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 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.
B.
A pledgor
shall have no obligation to redeem pledged goods or make any payment
on a pawn transaction.
C.
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.
D.
A pawnbroker
shall not do any of the following:
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 any waiver, in writing or otherwise, of any right or protection
accorded a pledgor under this Chapter or other law.
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 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.
6.
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.
[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.
