City of St. James, MO
Phelps County
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Table of Contents
Table of Contents
[CC 1985 § 6-80; Ord. No. 989, 8-9-2010]
As used in this Chapter, the following terms shall have the meanings indicated:
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 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.
[CC 1985 § 6-81; Ord. No. 989, 8-9-2010]
It shall be prima facie evidence that a business is a pawnshop or the proprietor is operating as a pawnbroker if the word "pawn" or a derivative thereof appear in signage on the building or premises in question.
[CC 1985 § 6-82; Ord. No. 989, 8-9-2010]
Receipt For Pledged Property In Accord With Section 367.031, RSMo. 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 receipts utilized by the lender shall be numbered sequentially with preprinted numbers and shall contain at least the following information:
The name and address of the pawnshop;
The name and address of the pledgor; the pledgor's description and the driver's license, 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.
[CC 1985 § 6-83; Ord. No. 989, 8-9-2010]
A pawnbroker shall not purchase or take in trade used or secondhand personal property unless a record is established that contains the information set forth in Section 367.031, RSMo., and a signed document from the seller providing that the seller has the right to sell the property.
[CC 1985 § 6-84; Ord. No. 989, 8-9-2010]
Pursuant to Section 367.031.2, RSMo., every pawnbroker and/or pawnshop operating within the City of St. James, Missouri, shall turn over to the St. James Police Department copies of the receipts and information as set forth in Section 367.031, RSMo., on a regular basis but not less often than two (2) times per month upon prior written approval from the St. James Police Department in an electronic format acceptable to the Department. By authority of Section 367.031.4, RSMo., and Section 610.021(14), RSMo., the information herein required to be disclosed to the St. James Police Department shall not be open to the public except by court order.
[CC 1985 § 6-85; Ord. No. 989, 8-9-2010]
Pursuant to Section 367.047.0, RSMo., 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 or 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 acknowledgement 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 investigation of the criminal investigation, the property shall be returned to the pawnbroker who consented to its release, except 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 pawnbroker or obtain and furnish to the pawnbroker a warrant for the continued custody of the property.
Except as provided in Subsection (A) of this Section, 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.
[CC 1985 § 6-86; Ord. No. 989, 8-9-2010]
Any violation of this Chapter shall be publishable by fine, not to exceed five hundred dollars ($500.00). Each separate item of property pledged or taken in pledge in violation this Chapter shall be deemed a separate violation. A license to do business in the City of St. James, Missouri, for any person convicted of a violation of this Chapter shall immediately be revoked and no new license issued to that person, nor for the premises at which the violation occurred, unless and until the penalty for said violation, together with any applicable court costs, shall have been paid in full.