[Code 1985 § 26-51; Code 2005 § 90-61]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
PAWN TRANSACTION
The act of lending money on the security of pledged goods
or the act 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.
PAWNBROKER
A person engaged in the business of making pawn transactions.
PAWNSHOP
The location at which or premises in which a pawnbroker regularly
conducts business.
PLEDGED GOODS
Tangible personal property other than choses in action, securities
of printed evidences of indebtedness, which property is deposited
with or otherwise actually delivered into the possession of a pawnbroker
in the course of his business in connection with a pawn transaction.
[Code 1974 § 5-73; Code 1985 § 26-52;
Code 2005 § 90-62; amended at adoption]
A. Pawnbrokers shall pay to the City an annual regulatory fee in an
amount as established by resolution not to exceed $50 per annum.
B. Any person, association or corporation who shall fail to pay the regulatory fee establish by resolution as provided in Subsection
A above, shall be guilty of a misdemeanor and, shall upon conviction, be fined not less than $50 nor more than $200 for each violation of this section.
[Code 1974 § 5-74; Code 1985 § 26-53;
Code 2005 § 90-63]
Each applicant for a pawnshop license at the time of filing
application shall file with the City Clerk a bond satisfactory to
him and in the amount of $5,000 for each license with a surety company
qualified to do business in this state. The bond shall run to the
City for the use of the City and of any person or persons who may
have 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 applicable provisions of this chapter and of all applicable
rules and regulations lawfully made by the City Clerk under this chapter,
and will pay to the City and to any such person or persons any and
all amounts of money that may become due or owing to the City or to
such person or persons from such obligor under and by virtue of the
provisions of this chapter during the time such bond is in effect.
[Code 1974 §§ 5-75(a), 5-76, 5-77; Code 1985
§ 26-54; Code 2005 § 90-64]
A. Any pawnbroker shall make available a copy or report within three
days of any buy transaction to the police department; provided merchandise
bought on invoice from a manufacturer or wholesaler with an established
place of business is exempt from this reporting requirement. However,
such invoice shall be shown upon request to the City Clerk or his
duly authorized representative or any authorized peace officer. The
copy or report shall include:
(1) The name and address of the pawnshop;
(2) The name, address, race, sex, weight, height, date of birth and either
identification number of the seller as verified by a state-issued
identification card, driver license or federal government-issued identification
card or by readable fingerprint of right or left index finger on the
back of the pawn or buy transaction copy to be retained for the pawnbroker's
record;
(3) The buy transaction number;
(4) The date and time of the transaction;
(5) The manufacturer of the item;
(6) A description of the item; and
(7) The serial number and model number where available and any other
identifying markings.
B. Items bought, except on invoice from a manufacturer or wholesaler
with an established place of business, shall be held for 10 days before
being disposed of or sold.
C. Any pawnbroker shall make available a copy or report within three
days of any pawn transaction to the police department. The copy or
report shall include:
(1) The name and address of the pawnshop;
(2) The name, address, race, sex, weight, height, date of birth and either
identification number of the person making the pawn transaction with
the pawnshop as verified by a state-issued identification card, driver
license or federal government-issued identification card or by readable
fingerprint of right or left index finger on the back of the pawn
or buy transaction copy to be retained for the pawnbroker's record;
(3) The pawn transaction number;
(4) The date and time of the transaction;
(5) The manufacturer of the item;
(6) A description of the item; and
(7) The serial number and model number where available and any other
identifying markings.
D. The pawnbroker shall obtain a written declaration of ownership from
the seller or pledgor on all buy and pawn transactions, except refinance
pawn transactions or merchandise bought from a manufacturer or wholesaler
with an established place of business. The seller or pledgor shall
be required to state how long he has owned the property described
in the transaction. The declaration of ownership shall appear on the
bill of sale or pawn ticket, to be completed by the seller or the
pledgor at the time of the transaction.
[Code 1974 § 5-75(b); Code 1985 § 26-55;
Code 2005 § 90-65]
To the person negotiating or leaving such property with him, a pawnbroker shall give a plainly written or printed ticket, having upon it a full and perfect copy of all the entries required by Subsection
6-55 A or C as the case may be, for which copy no charge shall be made.
[Code 1974 § 5-77; Code 1985 § 26-56;
Code 2005 § 90-66]
A pawnbroker shall, upon request, show and exhibit to such person
or officer for inspection any article or articles purchased, taken
or received by him, unless the time of the pledge has expired and
the goods sold and delivered to the purchaser.
[Code 1974 § 5-80; Code 1985 § 26-1;
Code 2005 § 90-67]
A pawnbroker shall not accept a pledge, or purchase property,
from a person, male or female, under the age of 18 years.