[R.O. 1995 § 645.010; Ord. No. 2006-16 § 1, 5-11-2006]
For the purpose of this Chapter, the following terms, phrases
and words shall have the following meanings unless otherwise indicated
by context:
CHIEF OF POLICE
The Chief of Police of the City of Bel-Ridge Police Department.
CITY CLERK
The City Clerk of the City of Bel-Ridge.
MONTH
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 (1/30th) of a month.
NET ASSETS
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.
PAWNBROKER
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.
PAWNSHOP
The location at which, or premises in which, a pawnbroker
regularly conducts business.
PERSON
An individual, partnership, corporation, limited liability
company, joint venture, trust, association or any other legal entity
however organized.
PERSON OF GOOD MORAL CHARACTER
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.
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 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.
[R.O. 1995 § 645.020; Ord. No. 2006-16 § 1, 5-11-2006]
A. Licenses Required. No person shall operate a pawnshop in the City
of Bel-Ridge unless such person obtains a pawnshop license issued
by the City in accordance with the general licensing provisions of
the Bel-Ridge City Code 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 June thirtieth (30th). The license fee for any license
which is issued for a portion of a year shall be prorated by the City
Clerk.
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 City Clerk and shall contain
other relevant information sufficient to inform the City Clerk regarding
the qualifications of the applicant for a license as required by the
City Clerk. 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
or limited liability company, 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 at any time after the issuance of a license,
the license shall be null and void.
2.
Licenses are personal to the licensee and shall 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 City Clerk. The City Clerk 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.
1.
No license shall be issued to any person who:
a.
Is not of good moral character or to any pawnshop employing
persons who are not of good moral character;
b.
Makes a false statement of material facts in the application
for a license or a renewal license;
c.
Fails to show that the pawnshop will be operated lawfully and
fairly within the purposes of the Chapter;
d.
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;
e.
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
f.
Does not file with the City Clerk a bond satisfactory to the
City Clerk 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 City Clerk
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 City Clerk pursuant to this Chapter during
the time such bond is in effect.
2.
If the City Clerk is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop as required by Subsection
(F)(1)(e) hereof, the City Clerk 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. 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 of Bel-Ridge 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 Bel-Ridge. 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 three thousand (3,000) inhabitants residing in the City of Bel-Ridge, 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 City Clerk. The application shall
be filed by July first (1st) of the current licensing year and shall
be on the forms and shall contain such information as the City Clerk
may require. The forms shall contain such information as will assist
the City Clerk in determining whether conditions have changed and
whether a renewal license should be issued for the subsequent licensing
year. The City Clerk 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 City Clerk believes that any condition has changed such
that the licensee would not be eligible to receive a pawnbroker's
license or that the licensee is in violation of this Chapter or any
State or municipal law, the City Clerk may suspend the license.
2.
If the City Clerk 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 City
Clerk may suspend the license. If the City Clerk 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 City Clerk may revoke the license.
3.
If the City Clerk believes that the safety, morals or peace
of residents of the City of Bel-Ridge, Missouri, is immediately affected
by the change in conditions, the City Clerk 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 City Clerk believes that
the changed condition is not of such imminent hazard to the safety,
morals or peace of the residents of the City of Bel-Ridge, 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 City Clerk may appeal
to the Circuit Court of St. Louis County in accordance with the provisions
of Chapter 536, RSMo., by filing an application for judicial review
within fifteen (15) days of the action complained of.
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 City Clerk written authorization
for such operation from the owner of record of such property and each
adult resident thereof.
[R.O. 1995 § 645.021; Ord. No. 2006-16 § 1, 5-11-2006]
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 pledge
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. 1995 § 645.022; Ord. No. 2006-16 § 1, 5-11-2006]
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. 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.
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 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 of Bel-Ridge
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:
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 Bel-Ridge 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 care, 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.
No Barred Windows Or Doors. No building in which a pawnbroker
shall conduct business shall have any bars or similar security features
or structures on or in any window or door.
7.
Additional Restrictions. 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 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. 1995 § 645.030; Ord. No. 2006-16 § 1, 5-11-2006]
The City Clerk may issue such rules and regulations as he or
she deems necessary to implement this Chapter and the policies contained
herein.
[R.O. 1995 § 645.040; Ord. No. 2006-16 § 1, 5-11-2006]
It is the intention of the City Board that this Chapter shall
be read in harmony with all other ordinances of the City of Bel-Ridge
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.
[R.O. 1995 § 645.050; Ord. No. 2006-16 § 1, 5-11-2006]
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.