[CC 1985 § 24-11; Ord. No. 8136 § 1, 10-7-2013]
The terms used in this Article are defined as follows:
Any person engaged in the business of lending money on the
security of pledged goods, or who deals in the purchase of tangible
personal property on condition of selling the same back again at a
stipulated price, within a fixed period of time, or who makes a public
display at his/her place of business of a sign or display generally
used by pawnbrokers to denote their business, to wit: three (3) gilt
or yellow balls, or who publicly exhibits a sign indicating money
to loan on deposit of personal property, is hereby declared for purposes
of this Article to be a pawnbroker.
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.
[CC 1985 § 24-12; Ord. No. 8136 § 1, 10-7-2013]
No person shall do business as a pawnbroker without having first
obtained a business license in a form designated by the City Clerk.
In the event the pawnbroker is licensed to deal in firearms, he/she
must supply a copy of the current applicable federal firearms license
to the City Clerk before a pawnbroker license is issued. Before any
license shall be issued, the City Clerk shall secure the endorsement
of the Chief of Police on the back of the application therefor. Each
pawnshop location shall require a separate license and application.
[CC 1985 § 24-13; Ord. No. 8136 § 1, 10-7-2013]
Application for such license shall be in writing in such form as the City Clerk designates. The application shall be and made to the Business License Administrator. The application shall conform to the provisions of this Article and of Section 367.011 et seq., RSMo., shall state the address where the business is to be carried on, shall be accompanied by the bond described in Section 630.050 hereof, and include an affidavit in which the applicant shall subscribe and make oath that he/she will faithfully carry out the provisions of Section 367.011 et. seq., RSMo., and the provisions of this Chapter. Every applicant for such license shall contain the applicant's authorization for the Chief of Police, or his/her designee, to conduct an investigation of the applicant's background, including a check of the applicant's criminal history. The City Clerk may impose an investigation fee for a new business not to exceed five hundred dollars ($500.00). The City Clerk may impose an investigation fee for a renewal of a license not to exceed five hundred dollars ($500.00).
[CC 1985 § 24-14; Ord. No. 8136 § 1, 10-7-2013]
The City Clerk shall have the power and authority to revoke
any license issued under this Article for a violation by a licensed
pawnbroker of the provisions or conditions contained herein; provided
that such license may be revoked only after the licensee shall have
been notified of the violations in writing. Said notice shall be:
(a) sent by regular mail addressed to the pawnbroker at the address
listed in the application; and (b) delivered to the pawnshop during
regular business hours. The pawnbroker shall have been afforded a
reasonable opportunity to have a hearing thereon before the board
of the City responsible for hearing administrative appeals.
[CC 1985 § 24-15; Ord. No. 8136 § 1, 10-7-2013]
Every person to whom a license shall be granted to carry on
the business of pawnbroker shall enter into a bond with good and sufficient
security in the sum of five thousand dollars ($5,000,00). Such bond
shall run to the state for the use of the state and of any person
or persons who may have a cause of action against the licensee under
the provisions of Sections 367.011 to 367.060, RSMo. Such bond shall
be conditioned that the licensee will comply with the provisions of
said sections and of all rules and regulations lawfully made by the
City, and will pay to the State and to any such person or persons
any and all amounts of money that may become due or owing to the State
or to such person or persons from such obligor under and by virtue
of the provisions of said sections during the time such bond is in
effect. The bond shall be approved by the City Clerk before the delivery
of the license, and shall be filed in the office of the City Clerk.
[CC 1985 § 24-16; Ord. No. 8136 § 1, 10-7-2013]
A.
Every pawnbroker shall keep a register of all loans and
purchases of articles made by him/her, which register shall show the
date of all loans and purchases and the names of all persons who have
left any property of any description on deposit as a collateral security
or as a delivery on sale thereof. Opposite each name and date shall
be written in plain hand the person's age and motor vehicle operator's
or chauffeur's license number, and such other identification
of public record, with photographs, as may be required by the City
Clerk; a full description of such property purchased or received or
deposited as collateral security; the manufacturer's identifying
insignia or serial number, if applicable; the time when the loan falls
due; the amount of purchase money or the amount loaned; and the interest
charged.
B.
The pawnbroker shall maintain a document signed by all
persons who have left any property of any description on deposit as
a collateral security or as a delivery on sale, providing that the
seller/borrower has the right to sell or pledge the property,
C.
The register shall, at all times, be open to inspection
by the Chief of Police or his/her designee.
[CC 1985 § 24-17; Ord. No. 8136 § 1, 10-7-2013]
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, 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 may be required, in accordance with local ordinances, to furnish appropriate law enforcement authorities with copies of information contained in Subsection (A)(1) to (4) of this Section and information contained in Subdivision (6) of Subsection 4 of Section 367.040, RSMo. The pawnbroker may satisfy such requirements by transmitting such information electronically to a database in accordance with this Section, except that paper copies shall be made available for an on-site inspection upon request of any appropriate law enforcement authority.
C.
DATABASE
PERMITTED USER
REPORTABLE DATA
REPORTING PAWNBROKER
SEARCH
As
used in this Section, the following terms mean:
A computer database established and maintained by a third
party engaged in the business of establishing and maintaining one
(1) or more databases.
Persons authorized by law enforcement personnel to access
the database.
A pawnbroker who chooses to transmit reportable data electronically
to the database.
The accessing of a single database record.
D.
The database shall provide appropriate law enforcement officials with the information contained in Subsection (A)(1) to (4) of this Section and other useful information to facilitate the investigation of alleged property crimes while protecting the privacy rights of pawnbrokers and pawnshop customers with regard to their transactions.
E.
The
database shall contain the pawn and purchase transaction information
recorded by reporting pawnbrokers pursuant to this Section and Section
367.040, RSMo., and shall be updated as requested. The database shall
also contain such security features and protections as may be necessary
to ensure that the reportable data maintained in the database can
only be accessed by permitted users in accordance with the provisions
of this Section.
F.
The
third party's charge for the database shall be based on the number
of permitted users. Law enforcement agencies shall be charged directly
for access to the database, and the charge shall be reasonable in
relation to the costs of the third party in establishing and maintaining
the database. No reporting pawnbroker or customer of a reporting pawnbroker
shall be charged any costs for the creation or utilization of the
database.
G.
Information
Availability.
1.
The information in the database shall only be accessible through
the Internet to permitted users who have provided a secure identification
or access code to the database but shall allow such permitted users
to access database information from any jurisdiction transmitting
such information to that database. Such permitted users shall provide
the database with an identifier number of a criminal action for which
the identity of the pawn or purchase transaction customer is needed
and a representation that the information is connected to an inquiry
or to the investigation of a complaint or alleged crime involving
goods delivered by that customer in that transaction. The database
shall record, for each search, the identity of the permitted user,
the pawn or purchase transaction involved in the search, and the identity
of any customer accessed through the search. Each search record shall
be made available to other permitted users regardless of their jurisdiction.
The database shall enable reporting pawnbrokers to transmit to the
database through the internet reportable data for each pawn and purchase
transaction.
2.
Any person who gains access to information in the database through
fraud or false pretenses shall be guilty of a felony.
H.
Any
pawnbroker licensed under Section 367.043, RSMo., shall meet the following
requirements:
1.
Provide all reportable data to appropriate users by transmitting
it through the Internet to the database;
2.
Transmit all reportable data for one (1) business day to the database
prior to the end of the following business day;
3.
Make available for on-site inspection to any appropriate Law Enforcement
Official, upon request, paper copies of any pawn or purchase transaction
documents.
I.
If
a reporting pawnbroker or permitted user discovers any error in the
reportable data, notice of such error shall be given to the database,
which shall have a period of thirty (30) days in which to correct
the error. Any reporting pawnbroker experiencing a computer malfunction
preventing the transmission of reportable data or receipt of search
requests shall be allowed a period of at least thirty (30) but no
more than sixty (60) days to repair such malfunction, and during such
period such pawnbroker shall not be deemed to be in violation of this
Section if good faith efforts are made to correct the malfunction.
During the periods specified in this Subsection, the reporting pawnbroker
and permitted user shall arrange an alternative method or methods
by which the reportable data shall be made available.
J.
No
reporting pawnbroker shall be obligated to incur any cost, other than
Internet service costs, in preparing, converting, or delivering its
reportable data to the database.
K.
If
the 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.
[CC 1985 § 24-18; Ord. No. 8136 § 1, 10-7-2013]
It shall be an offense for any pawnbroker or his/her employee
to accept any goods, articles or things whatsoever, other than agricultural
products, from any individual under the age of eighteen (18), unless
the minor's custodial parent or guardian is present at the transaction
and consents thereto.
[CC 1985 § 24-19; Ord. No. 8136 § 1, 10-7-2013]
No pawnbroker shall accept any goods, articles or things whatsoever
from any person between the hours of 8:00 P.M. and 7:00 A.M.
[CC 1985 § 24-20; Ord. No. 8136 § 1, 10-7-2013]
It shall be unlawful to conduct business as a pawnbroker or
as agent for a pawnbroker at any place other than the location stated
in the application for license.
[CC 1985 § 24-21; Ord. No. 8136 § 1, 10-7-2013]
No pawnbroker shall accept as collateral security or purchase
any property or item which, at the time it was manufactured, had a
serial number or identification number affixed to it, unless such
item shall have plainly visible thereon, the manufacturer's serial
number or other identifying insignia.
[CC 1985 § 24-22; Ord. No. 8136 § 1, 10-7-2013]
