[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]
A.Â
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:
1.Â
The name and address of the pawnshop;
2.Â
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;
3.Â
The date of the transaction;
4.Â
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]
A.Â
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.
[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.
