[Ord. No. 3281, 12-4-2017]
For the purposes of this Chapter, the following terms shall
have the meanings assigned to them by this Section unless the context
of their use in this Chapter clearly requires otherwise:
Any used item acquired for resale which is of a class of
merchandise or commodity that includes, but is not limited to, automobile
parts and accessories, wearing apparel, furniture, plumbing and construction
materials, household appliances, musical instruments, sporting equipment,
glassware, poles, wire and scrap metal.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of a pawnshop.
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 day of such following
month. When computations are made for a fraction of a month, a day
shall be one-thirtieth (1/30th) of a month.
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, 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 accrued sales,
income or other taxes; accrued expenses; and notes or other payables
that are unsecured or secured in whole or in part by current 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 or be subject
to the claims of general creditors.
The proprietor, if a sole proprietorship; all partners (general
and limited), if a partnership; or all officers, directors and persons
holding ten percent (10%) or more of the outstanding shares of a corporation.
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 a pawnbroker regularly conducts business.
An individual, partnership, corporation, joint venture, trust,
association or any other legal entity, however organized.
A person who has not:
Been convicted of a felony.
Been convicted of a misdemeanor within seven (7) years immediately
preceding the date of application for a pawnbroker license (or in
the case of an employee, the hire date), where such misdemeanor involved
the operation of a pawnshop, theft, stealing, robbery, burglary or
receipt of stolen property, as defined in the Missouri Criminal Code
or similar Statutes, or a conviction for the attempt to commit any
of the preceding crimes.
Been convicted of municipal ordinance violation within seven
(7) years immediately preceding the date of application for a pawnbroker
license (or in the case of an employee, the hire date), where such
municipal ordinance violation involved the operation of a pawnshop,
theft, stealing, robbery, burglary or receipt of stolen property,
or a conviction for the attempt to commit any of the preceding crimes.
Tangible personal property other than debts or causes of
action in tort, securities, or printed evidences 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.
A person who deposits or otherwise delivers tangible personal
property other than debts or causes of action in tort, securities
or printed evidences of indebtedness to a pawnbroker and receives
a secured personal credit loan therefor.
Every loan of money made in this State, 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.
The fair market retail value of the article at the time and
place of the acquisition of the article by the dealer or, where no
reasonable monetary value can be ascertained, the cost of replacement
of the article. It is expressly provided that value, as used in this
Chapter, shall not be determined by the cost of the article as paid
by the dealer.
[Ord. No. 3281, 12-4-2017]
A.Â
It shall be the duty of every person licensed as a pawnbroker under
the provisions of this Chapter to make out and deliver to the Chief
of Police each day, on a form provided by or approved by the Chief
of Police, before the hour of 12:00 P.M. Noon, a report as to all
personal property or other valuable things received, deposited or
purchased during the preceding day, together with the time when received
or purchased and a description of the person by whom left in pledge
or from whom such property or things were purchased; provided that
no person shall be required to furnish such description of any property
purchased from manufacturers or wholesale dealers having an established
place of business or of any goods purchased on open sale from any
bankrupt stock or from any other person having an established place
of business, but such purchased goods must be accompanied by a bill
of sale or other evidence of open and legitimate purchase and must
be verified as such to any member of the Police Department when demanded.
B.Â
In lieu of a printed report, the pawnbroker may substitute an electronic
method of reporting, subject to agreement with the Chief of Police
of Pleasant Valley.
[Ord. No. 3281, 12-4-2017]
Reports received by the Chief of Police shall be maintained
by the Police Department for a minimum of one (1) year and shall be
and remain a public record. Other records related to licensing will
be kept in accordance with the City's records retention schedule
on file in the City Clerk's office.
[Ord. No. 3281, 12-4-2017]
A.Â
It shall be unlawful for any person to operate a pawnshop unless
said pawnshop is currently licensed as a pawnshop issued pursuant
to this Section, as authorized by the Revised Statutes of Missouri.
To be eligible for a pawnshop license, an applicant shall:
1.Â
Be a person of good moral character;
2.Â
Have net assets of at least fifty thousand dollars ($50,000.00)
readily available for use in conducting business for each licensed
pawnshop; and
3.Â
Show that the pawnshop will be operated lawfully and fairly
under Federal law, State law and City ordinance.
B.Â
Every pawnbroker must obtain a license for each place where such
pawn brokering business is transacted and no one shall act as an agent,
employee or solicitor for any pawnbroker while such pawnbroker is
engaged in business at a place other than that specified in the license.
C.Â
An application for a new pawnshop license shall be under oath and
shall state the full name and place of residence of the applicant,
the place where the business is to be conducted and other relevant
information as may be required. If the applicant is a corporation,
the application shall state the full name and address of each officer,
shareholder and director. If the applicant is a partnership, the application
shall state the full name and physical address of each partner.
D.Â
A license shall not be issued to an applicant who is not a person of good moral character as defined in Section 635.010. It will be responsibility of the applicant to provide an original State of Missouri Criminal Record History Check for each owner, manager and every employee. These can be obtained from the Missouri Highway Patrol.
E.Â
If the City of Pleasant Valley is unable to verify that the applicant
meets the net assets requirement for a licensed pawnshop, the City
of Pleasant Valley 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 Section.
F.Â
A satisfactory public liability insurance policy shall be filed with the City by the applicant covering all operations of said applicant. The sum of at least one hundred thousand dollars ($100,000.00) for each person injured and the sum of at least three hundred thousand dollars ($300,000.00) in the cause of injury to two (2) or more persons in any one (1) occurrence, and the sum of at least one hundred thousand dollars ($100,000.00) for damage to property shall be provided. Such policy shall provide that the City shall be notified of any cancellation or alteration by the insurance carrier not more than ten (10) days before such cancellation or alteration becomes effective. Also required are the worker's compensation provisions in Section 605.020, subsection (D), which is also required by State law.
G.Â
An applicant for a pawnshop license shall agree as part of the application
form not to accept as collateral security or to purchase any camera,
radio, television set, lawn mower, typewriter, adding machine, calculating
machine, copying machine, duplicating machine, tape recorder, tape
player, cash register, still or moving picture projector or offset
projector, dictating machine, record player, electric buffer, electric
polisher or electric floor waxer or any other item commonly known
to carry a serial number, unless such item shall have plainly visible
thereon the manufacturer's serial number or other identifying
insignia.
H.Â
A pawnshop license shall run from January 1 through December 31. The same provisions and penalties from Chapter 605 shall apply to pawn shop licensing.
[Ord. No. 3377, 5-18-2020]
I.Â
Fees.
1.Â
Annual Fee. The license fee of one hundred dollars ($100.00) plus gross receipts (forty cents ($0.40) per thousand dollars), as written in Chapter 605, shall apply to pawn shop licenses.
2.Â
Investigation Fees. Each application for a license shall be
accompanied by an investigation fee of five hundred dollars ($500.00)
if the applicant is not licensed at the time of applying for a pawnshop
license, or two hundred fifty dollars ($250.00) if the application
involves a second or additional license to an applicant previously
licensed as a pawnbroker at a separate location within the City, or
involves substantially identical principals and owners of a licensed
pawnshop at a separate location within the City.
[Ord. No. 3281, 12-4-2017]
The license provided for in this Chapter shall designate the
licensed location and shall be posted conspicuously on the premises.
[Ord. No. 3281, 12-4-2017]
If any pawnbroker or his/her agents, servants or employees shall violate any of the provisions of this Chapter or Chapter 367, RSMo., and is finally convicted in any court of the City, State or Federal systems; fails to comply with the provisions of Chapter 635, of Chapter 605, or fails to remain a person of good moral character, the license or licenses issued under this Chapter to said pawnbroker may be suspended or revoked by the Board of Aldermen after a hearing before the Board of Aldermen. Ten (10) days' written notice of the hearing to suspend or revoke stating the grounds thereof shall be delivered to said pawnbroker at his/her place of business as set forth in any license of said pawnbroker or by leaving or posting said notice at said address. The pawnbroker shall have the right at the hearing to be represented by an attorney, to cross-examine witnesses, to present evidence and to testify on his/her own behalf. The hearing shall be held in public at a regular or specially called meeting of the Board of Aldermen. Upon suspension or revocation of any license, no license fee paid shall be refunded to the licensee.
[Ord. No. 3281, 12-4-2017]
A.Â
After an investigation, the City shall issue the applicable license
authorized by this Chapter if the City finds:
1.Â
That the business for which a license is required herein will
be conducted in a building, structure and location which comply with
the requirements of and meet the standards of the applicable health,
zoning, building code, fire and property maintenance ordinances of
the City, as well as the requirements of this Chapter;
2.Â
That the applicant has not made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the City (as part of the original license application or application for renewal thereof) and the provisions in Chapter 605 shall apply regarding investigation and penalty of false and misleading statements;
3.Â
That the applicant is a person of good moral character; and
4.Â
That the applicant has not had a license or permit issued under
the provisions of this Chapter revoked within five (5) years immediately
preceding the application.
[Ord. No. 3281, 12-4-2017]
A.Â
Every pawnbroker shall keep at his/her place of business a clean
and legible register in which he/she shall enter in writing (or in
electronic form, with a disc to be picked up every day) a detailed
description to include, but not be limited to, make, model, serial
number, color, appropriate carat weight, gold content, number and
description of stones and engraving or any unique identifying characteristics
of all property taken, purchased or received, including any number
that may be in or upon any article, together with the date and time
acquired and a complete description of the person leaving or selling
the property, giving his/her name, age, race, sex, color of eyes and
hair, weight, height, scars, tattoos or other identifying physical
characteristics, driver's license number, military identification
number, home telephone number, cell phone number, identification certificate
number or other official number capable of identifying the person
and place of residence, including street and number. The amount lent
shall also be entered in the register together with the interest charged
and the maturity date of the loan. Such entries shall be made immediately
upon receipt or purchase of the property. Every entry shall be made
in ink or electronically and shall not, in any manner, be erased,
obliterated or defaced. The pawnbroker shall get from the seller or
person pledging the property a signed document from the seller or
person pledging the property providing the seller or person pledging
the property has right to sell the property.
B.Â
A photo shall be made of every person pawning, selling or trading
any item(s), said photo to be in color and of a size at least three
(3) inches by four (4) inches. Said photograph shall be maintained
and be available for inspection by the Police upon their request.
Every pawnbroker shall display in a prominent place a notice to his/her
customers that the pawnbroker is required by City ordinance to photograph
or videotape every person, pledging, trading or selling an item or
items.
C.Â
An identifying tag or sticker must be attached to all pledged goods
at the time of the transaction and shall remain on said pledged goods
until they are redeemed or otherwise disposed of.
D.Â
The register and documents provided for in this Section shall at
all times be open to inspection by any Police Officer or anyone authorized
in writing for that purpose by the Chief of Police. Every pawnbroker
shall also, upon request, show and exhibit to any such person or officer
for inspection any article purchased, taken or received by him/her.
[Ord. No. 3281, 12-4-2017]
A.Â
At the time of making any secured personal credit loan, a pawnbroker
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 pawnbroker shall keep and maintain
for inspection in the same manner as the register a copy or second
original of every receipt. The receipt must be made out in ink or
indelible pencil and entries shall not be erased, obliterated or altered
in any way so as to cause said entries to become illegible. Receipts
shall contain the following:
1.Â
The name and address of the pawnshop and a preprinted sequential
number;
2.Â
The name, address and date of birth of the person who delivers
something as security, the person's description and driver's
license number, military identification number, identification certificate
number or other official number capable of identifying the person
who delivers something as security;
3.Â
The right index fingerprint of the pledgor for all pledged goods
for which the amount of cash advanced or credit extended to the pledgor
exceeds fifty dollars ($50.00);
4.Â
The date and time of transaction;
5.Â
An identification and description of the goods used as security
which the person has delivered, including brand name, model and serial
numbers, if reasonably available;
6.Â
The amount of cash advanced or credit extended to the person
who delivers something as security;
7.Â
The amount of the pawn service charge;
8.Â
The total amount which must be paid to redeem the pledged goods
on the maturity date;
9.Â
The maturity date of the pawn transaction; and
10.Â
A statement to the effect that the person who has delivered
something as security 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.Â
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 which has been lost, destroyed or stolen. The affidavit shall
be signed by a notary public.
C.Â
Every pawnbroker shall maintain and shall deliver or otherwise make
available, upon request of the Chief of Police or any designee, a
copy of all receipts.
[Ord. No. 3281, 12-4-2017]
The maximum rate of interest which may be charged for making
and carrying any secured personal credit loan shall not exceed two
percent (2%) per month on the amount of such loan. Pawnbrokers may
also charge for the storage and security of such pledged property.
Any charges for storage and security must be posted on the premises
and must be provided in writing to the person delivering the item.
[Ord. No. 3281, 12-4-2017]
A.Â
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 borrower shall pay to the pawnbroker the principal sum
of loan, with the loan fee or fees and the interest due thereon to
the date of payment, the pawnbroker shall thereupon deliver possession
of the tangible personal property to the borrower. But if the borrower
fails, during the period of sixty (60) days to make payment, then
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 borrower shall
be forever barred.
B.Â
A pledgor shall have no obligation to redeem pledged goods or make
any payment on a pawn transaction.
C.Â
Except as otherwise provided by State Statute, any person providing
proper identification and presenting a pawn ticket to the pawnbroker
shall be presumed to be entitled to redeem the pledged goods described
therein.
[Ord. No. 3281, 12-4-2017]
A.Â
A pawnbroker shall not:
1.Â
Accept a pledge from a person who is under eighteen (18) years
of age;
2.Â
Accept items which are missing serial numbers;
3.Â
Make any agreement requiring the personal liability of a pledgor
in connection with a pawn transaction;
4.Â
Accept a waiver, in writing or otherwise, of any right or protection
accorded a pledgor under State law or City ordinance;
5.Â
Fail to exercise reasonable care to protect pledged goods from
loss or damage;
6.Â
Fail to return pledged goods to a pledgor upon payment of the
full amount due the pawnbroker for the pawn transaction. In the event
such pledged goods are lost or damaged as a result of pawnbroker 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. Each pawnbroker shall employ a reputable company for
the purpose of fire and theft security.
B.Â
No pawnshop shall:
1.Â
Be located within one (1) mile five thousand two hundred eighty
(5,280) feet of another short-term loan establishment or pawnshop.
When measuring separation distances between establishments on the
same lot, distance shall be measured from the front door of each of
the establishments.
2.Â
Be located adjacent to and within five hundred (500) feet of
a park, church or school.
3.Â
Employ a person who is not of good moral character.
C.Â
A pawnshop may be operated only as a principal use of a property
and may not be accessory to any other use. A short-term loan establishment
may not operate any accessory uses.
[Ord. No. 3281, 12-4-2017]
Each pawnbroker shall keep, consistent with accepted accounting
practices, adequate books and records relating to the pawnbroker's
transactions, which books and records shall be preserved for a period
of at least two (2) years from the date of the last transaction recorded
therein.
[Ord. No. 3281, 12-4-2017]
A.Â
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be punished
by a fine not to exceed five hundred dollars ($500.00), or be punished
by incarceration for a period not to exceed ninety (90) days, or by
both such fine and incarceration. Each day's violation of, or
failure, refusal or neglect to comply with, any provision of this
Chapter shall constitute a separate and distinct offense.
B.Â
The conduct of any business within the City in violation of any of
the terms of this Chapter is hereby found and declared to be a public
nuisance and the City Attorney may, in addition to or in lieu of prosecuting
a criminal action hereunder, commence an action or proceeding for
the abatement, removal and enjoyment thereof in the manner provided
by law and shall take other steps and shall apply to such courts as
may have jurisdiction to grant such relief as will abate or remove
such pawnshop or small loan establishment and restrain and enjoin
any person from conducting, operating or maintaining a pawnshop or
small loan establishment contrary to the provisions of this Chapter.
[Ord. No. 3281, 12-4-2017]
A.Â
Every secondhand dealer, pawnbroker, or other person engaged in the
sale, lease, exchange or delivery of any weapons shall keep a record
of each firearm purchased, sold, leased, exchanged, or delivered at
retail.
1.Â
The record required herein shall be made at the time of the
transaction in a book kept for that purpose, and shall include the
name of the person to whom such weapon is sold or from whom such weapon
is purchased; his or her age, physical description, occupation, residence
(the physical address where he or she resides); the make, caliber,
and finish of the firearm, together with the number or serial letter
thereon, if any; the date of the transaction involving such weapon;
and the name of the employee or other person making such purchase,
sale, lease, exchange or delivery.
2.Â
Every secondhand dealer, pawnbroker, or other person engaged
in the sale, rental, or exchange of any weapons shall deliver weekly
reports to the Chief of Police of every such purchase, sale, lease,
exchange or delivery. The report shall be on forms provided by the
Chief of Police, and shall set forth the name in full, the residence,
age, and physical description, and the occupation of the person to
whom or from whom such gun, pistol, firearm or other dangerous or
deadly weapon has been purchased, sold, leased, exchanged or delivered.
B.Â
Any person in violation of this Section shall be subject to the revocation
of his or her business or occupational license.
