[Ord. No. 18.15, 4-5-2018[1]]
For the purposes of this Chapter the following terms, phrases,
and words shall have the following meanings unless otherwise indicated
by context:
The person appointed by the Board of the City of Osage Beach
to perform the City Clerk duties.
The Treasurer of the City of Osage Beach.
Period of time from one (1) 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 date of such following month,
and 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, bank deposits, merchandise inventory,
and loans due from customers, excluding the pawn service charge. Current
assets do not include the investments made a fixed asset of real estate,
furniture, fixtures, or equipment; investments made in stocks, bonds,
or other securities; or investments made in prepaid expenses or other
general intangibles. Applicable liabilities include trade or other
accounts payable; accrued sales, income, or other taxes; accrued expenses;
and notes or other payables that are unsecured or secured in whole
or part by current assets. Applicable liabilities do not included
liabilities secured by assets other than current assets. Net assets
must be represented by a capital investment unencumbered by any liens
or other encumbrances to be subject to the claims of general creditors.
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, limited liability
company, joint venture, trust, association, or any other legal entity
however organized.
A person who has not been convicted of any State, Federal,
or municipal offense involving drugs or narcotics, robbery, burglary,
theft, stealing, receiving stolen property, embezzlement, extortion,
forgery, gambling, bribery, perjury, any weapons offense, or any crime
of violence.
Tangible personal property other than choses in action, securities,
or printed evidence of indebtedness, which property is deposited with,
or otherwise actually delivered in the possession of a pawnbroker
in the course of his/her business in connection with a pawn transaction.
The Police Chief of the City of Osage Beach.
Every loan of money made to 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.
[Ord. No. 18.15, 4-5-2018]
A.
Licenses Required. No person shall operate a pawnshop in the City
of Osage Beach unless such person obtains a pawnshop license issued
by the City in accordance with the general licensing provisions of
the Municipal Code and the specific provisions of this Chapter. A
license is required for each place where pawnbroking business is transacted,
and no one shall act as any agent, employee, or solicitor for any
pawnbroker while such pawnbroker is engaged in such business at a
place other than that specified in the license. It shall be unlawful
for any person to conduct or transact a pawnbroker business in the
City unless he/she shall keep posted in a conspicuous place in the
place of business, license certificate therefor, and a copy of all
ordinances relating to pawnbrokers.
B.
Licensing Year. All licenses issue under this Chapter are for a period
of one (1) year, or a portion of one (1) year, and expire on Midnight
of April 30th. The license fee for any license which is issued for
a portion of a year shall be prorated by the City Clerk.
C.
Application For New Pawnshop License. An application for a new pawnshop
license shall be under oath and on forms prescribed and provided by
the City Clerk and shall contain other relevant information sufficient
to inform the City Clerk regarding the qualifications of the applicant
for a license as required by the City Clerk. At a minimum, the application
shall include:
1.
The full name and address of the applicant, and each prospective
pawnshop employee, if known, for the past two (2) years.
2.
The address where the business is to be conducted.
3.
A statement as to whether the applicant, and each prospective
pawnshop employee, if known, have ever been convicted of a felony.
4.
The name, address and phone number of at least two (2) persons
of good moral character who may be used as character references for
the applicant, and each prospective pawnshop employee, if known.
5.
If the applicant is a partnership, the application shall include
the required information for each partner, and whether such partner
is a general partner or a limited partner. If the applicant is a corporation
or limited liability company, the application shall include the required
information for each officer, shareholder, and director.
6.
The application shall be accompanied by:
a.
An investigation fee of five hundred dollars ($500.00) if the
applicant is unlicensed at the time of applying for the pawnshop license,
or two hundred fifty dollars ($250.00) if the application involves
a second or additional license to an applicant previously licensed
for a separate location, or involves substantially identical principals
and owners of a licensed pawnshop at a separate location;
b.
Proof of general liability insurance in the amount of five hundred
thousand dollars ($500,000.00);
c.
An annual fee of one hundred dollars ($100.00); and
d.
If the applicant is a corporation, a "certificate of good standing"
issued by the Missouri Secretary of State.
7.
With each application or application for renewal the applicant
shall submit a criminal record check dated within six (6) months preceding
the date of the application or renewal application for each individual
owner or partner, if a partnership or if an LLC, all members of an
LLC must submit such a criminal record check. If applicant is a corporation,
the following individuals must submit a criminal record check: the
managing officer, each officer and director, and all share holder(s)
who own ten percent (10%) or more of the stock of the business. The
record check must be issued by the Missouri Criminal Records Division
of the Missouri Department of Public Safety or its successors.
D.
Non-Use And Transfer Of License.
1.
If a pawnbroker shall not conduct business for any continuous
period of ninety (90) days at any time after the issuance of a license,
the license shall be null and void.
2.
Licenses are personal to the licensee and shall not be transferred
to any other person. Any attempt to transfer such license to any other
person shall be unlawful for any person to do business, or to attempt
to do business under a license transferred to him/her.
E.
Investigation By City Clerk. The City Clerk shall investigate the
facts contained in an application for a new pawnshop license and shall
request the assistance of the Police Chief and any other person who
has knowledge of the facts contained in the application or who is
authorized to investigate these facts.
F.
Standards For Issuance. No license shall be issued to any person
who:
1.
Is not of good moral character, or to any pawnshop employing
persons who are not of good moral character;
2.
Makes a false statement of material facts in the application
for a license or renewal license;
3.
Fails to show that the pawnshop will be operated lawfully and
fairly within the purposes of the Chapter;
4.
Has a felony or misdemeanor conviction which either directly
relates to the duties and responsibilities of the occupation of pawnbroker
or which otherwise makes the applicant presently unfit for a license;
5.
Does not have net assets of at least fifty thousand dollars
($50,000.00) readily available for use in conducting business as a
pawnshop for each licensed pawnshop; or
6.
Does not file with the City Clerk a bond satisfactory to the
City Clerk in an amount of five thousand dollars ($5,000.00) with
a surety company qualified to do business in the City. The aggregate
liability of such surety shall not exceed the amount stated in the
bond. The bond shall run to the City for the use of the City and of
any person(s) who may have a 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 provisions of this
Chapter and by all rules and regulations adopted by the City Clerk
and will pay to the City and to any such person(s) any and all amounts
of money that may become due or owing to the City or to such person(s)
from such obligor under and by virtue of the provision of this Chapter
or any rules adopted by the City Clerk pursuant to this Chapter during
the time such bond is in effect.
If the City Clerk is unable to verify that the applicant meets
the net assets requirement for a licensed pawnshop as required by
Subparagraph (5) of this Subsection, the City Clerk 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 Chapter.
G.
Exemption From Requirement For New Pawnshop License In The City. No person who is lawfully operating a pawnshop on the date of the enactment of this Chapter shall be required to obtain a license under this Section in order to continue operating such pawnshop, so long as such person does not violate any other provisions of Sections 367.011 to 367.060, RSMo., or this Chapter. Such persons may continue to operate those pawnshops then in existence, but thereafter must receive annual renewal. Such persons shall be required to pay the one hundred dollars ($100.00) annual fee prescribed in Subsection (H), but such payment shall be in lieu of any occupational license fee.
H.
Subsequent License Applications. Subsequent to the first year for
which a license is issued to a pawnbroker, each pawnbroker shall make
a renewal application to the City Clerk. The application shall be
filed by May 1st of the current license year, and shall be on the
forms, and shall contain such information as the City Clerk may require.
The forms shall contain such information as will assist the City Clerk
in determining whether conditions have changed and whether a renewal
license should be issued for the subsequent licensing year. The City
Clerk may request the assistance of the Police Chief or any other
City employee or person having knowledge of the truth or falsity of
the matters contained in the application, or who is able to investigate
those matters. The annual fee for the issuance of a renewal license
is one hundred dollars ($100.00).
I.
Denial, Suspension Or Revocation Of License.
1.
If the City Clerk believes that any condition prevents issuance
of a license or such condition has changed in the case of a renewal
of a license such that the licensee would not be eligible to receive
a pawnbroker's license, or that the licensee is in violation
of this Chapter or any State or municipal law, the City Clerk shall
notify the licensee, in writing, of the intended action and the reasons
therefor and remedies as set out in 140.060 of the Osage Beach Municipal
Code.
2.
If the City Clerk believes that the licensee is capable of remedying
the adverse change in conditions, and if the licensee has not previously
been in violation of this Chapter or State or municipal law, the City
Clerk shall notify the licensee, in writing, of the intended action
and the reasons therefor and remedies as set out in 140.060 of the
Osage Beach Municipal Code. If the City Clerk believes that the changed
condition(s) are such that, if true, the licensee would not be able
to remedy the situation in a reasonable time, or if the licensee has
previously been in violation of this Chapter or State or municipal
law, then the City Clerk shall notify the licensee, in writing, of
the intended action and the reasons therefor and remedies as set out
in 140.060 of the Osage Beach Municipal Code.
3.
If the City Clerk believes that the safety, morals, or peace
of residents of the City is immediately affected by the change in
conditions, the City Clerk may suspend or revoke the license prior
to the hearing called for below, but he/she shall afford the licensee
an information meeting to determine if the emergency suspension should
continue in place and the informal meeting will be within five (5)
business days of the suspension or revocation. If the City Clerk believes
that the changed condition is not of such imminent hazard to the safety,
morals, or peace of the residents of the City, he/she shall notify
the licensee, in writing, of the intended action and the reasons therefor
and remedies as set out in 140.060 of the Osage Beach Municipal Code.
This procedure shall apply to a hearing as a result of an emergency
suspension described above.
J.
Issuance Of Pawnshop Licenses Prohibited, When.
1.
No license shall be issued for the operation of a pawnshop as
defined within this Chapter wherein said pawnshop will be located
within one thousand (1,000) feet of any church or other building regularly
used as a place of religious worship, school, or residentially zoned
property. The one thousand (1,000) foot distance provided for in this
Section shall be measured from the center threshold of the main entrances
of such premises by the most direct walking route.
2.
No license shall be issued for the operation of a pawnshop as
defined in this Chapter wherein said pawnshop will be located within
one thousand (1,000) feet of property on which there is located another
pawnshop. The one thousand (1,000) foot distance provided for in this
Section shall be measured from the center threshold of the main entrances
of such premises by the most direct walking route.
3.
No license shall be issued for the operation of a pawnshop as
defined in this Chapter wherein said pawnshop will be located within
one thousand (1,000) feet of any residence, unless the license shall
be provided to the City Clerk written authorization for such operation
from the owner of record of such property and each adult resident
thereof. The one thousand (1,000) foot distance provided for in this
Section shall be measured from the center threshold of the main entrances
of such premises by the most direct walking route.
[Ord. No. 18.15, 4-5-2018]
A.
Pawn Number. The pawnbroker shall affix to each item of tangible
personal property a tag upon which shall be inscribed a pawn number
of legible characters which shall correspond to the number of any
pawn ticket or receipt for payment.
B.
Pawn Ticket For Pledged Property, Contents, Loss Of, Effect. At the
time of making the secured personal credit loan, the lender shall
execute and deliver to the borrower a pawn ticket 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, date of birth, height,
weight, sex, race or nationality, 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
but not limited to serial numbers, if reasonably available, and an
estimated value of each item pledged;
5.
The amount of cash advanced or credit extended to the pledgor;
6.
The amount of the pawn service charged;
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;
9.
A statement to the effect that the maximum legal interest rate
may not exceed two percent (2%) per month on the amount of any loan;
and
10.
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.
C.
Employee Registration. Every employee of a pawnshop shall, within
thirty (30) days from the issuance of any license, register his/her
name and address with the Police Department of the City and shall
have had his/her thumbprints, fingerprints and photograph taken and
filed with the City. The term "employee" means all persons working
in a pawnshop, including any owner, any officer, treasurer, or stockholder
if the owner is a corporation, any partner or any other person who
receives income in any manner from engaging in the operation of said
pawnshop.
D.
Affidavit Of Lost Ticket. If a 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 pawn tickets 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.
E.
Receipt For Payment To Be Furnished. Upon any payment by a pledgor,
or upon the redemption of any pledge, the pawnbroker shall furnish
to the pledgor a written signed receipt indicating the exact amount
paid on principal, interest and any other charges. Said written receipt
shall be either printed or stamped with the name of the pawnbroker
and the address, shall include the date of payment and shall be legibly
written so that the figures thereon are clearly discernible.
F.
Pawn Register. Each pawnbroker shall keep a register of all items pawned at each pawnshop, which register shall contain the information listed in Subsections (A) and (B) of this Section. This record shall be kept in a bound book, or in a continuous sheet of paper or tape, handwritten in ink or typed using a ribbon other than carbon, so that it will be obvious if an entry has been erased, obliterated or defaced. Such information may be made on cards, individual sheets or other pads if each sheet or card is numbered, so that if an entry is removed it will be obvious.
G.
Monthly. Each pawnbroker must, before the hour of 5:00 P.M. of end
of the last working day of the month, make and deliver to the Police
Chief at the Police Department a full, true and detailed copy of the
month's pawn register. If no article or thing has been pawned
or received during said month, a report must be made to that effect.
The pawnbroker may be required, in accordance with local ordinances,
to furnish appropriate law enforcement authorities with copies of
information contained in 615.250(B)(1—4) and information contained
in Section 367.040(6), 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 on-site inspection upon request of any appropriate law enforcement
authority.
H.
Photographic Records.
1.
All pawnbrokers shall install a proper camera in operative condition
and shall use such equipment to photograph every person and the receipts
of pawnshop tickets given to such persons with all loan and with all
purchases of item from persons.
2.
All pawnbrokers shall display, in a prominent place, a notice
to customers that they are required to be photographed when they pawn,
sell, or offer as part or full payment, an item to the pawnbroker.
3.
All such photographs shall be available for development, and
developed by the pawnbroker, upon request by the Police Chief.
a.
Retention And Use Of Records. Each licensee shall keep and maintain
the originals of the foregoing records, or an original copy as may
be appropriate, for a period of at least two (2) years from the date
of the last transaction recorded therein, and each such record shall
at all reasonable time be open to inspection by the Police Chief or
his/her designee, or at his/her discretion.
[Ord. No. 18.15, 4-5-2018]
A.
Interest Rates. It shall be unlawful for any pawnbroker to charge
interest exceeding two percent (2%) per month on any pledge. All pawnbrokers
shall display, in a prominent place a notice to customers that the
maximum legal interest rate may not exceed two percent (2%) per month
on the amount of any loan.
B.
Safekeeping Of Pledges.
1.
Every pawnbroker licensed under the provisions hereof shall
provide a safe place for the keeping of the pledges received by him/her
and shall have sufficient insurance on the property held on pledges,
for the benefit of the pledgors, in case of destruction by fire or
loss by theft. A pawnbroker shall not fail to exercise reasonable
care to protect pledged goods from loss or damage.
2.
In the event such pledged goods are lost or damaged as a result
of a pawnbroker's 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. Pawnbrokers shall
not be responsible for loss of pledged articles due to acts of God,
acts of war, or riots. Each lender shall employ a reputable company
for the purpose of fire and theft security.
C.
Loans Due, When — Return Of Collateral, When — Restrictions.
1.
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 pledgor shall pay to the pawnbroker
the principal sum of the loan, with the loan fee(s), the interest
due thereon to the date of payment, the pawnbroker shall thereupon
deliver possession of the tangible property to the pledgor. But if
the pledgor fails during the period of sixty (60) days to make payment,
then the 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 pledgor shall be forever barred.
2.
A pledgor shall have no obligation to redeem pledged goods or
make any payment on a pawn transaction.
3.
Any person properly identifying himself/herself and presenting
a pawn ticket to the pawnbroker shall be presumed to be entitled to
redeem the pledged goods described therein.
D.
Hold Orders.
1.
Whenever any Peace Officer has probable cause to believe that
property in possession of a pawnbroker licensed by the City is stolen
or embezzled, said officer may place a written hold order on the property.
A Hold Order required by this Section shall contain the following:
a.
Name of the pawnbroker;
b.
Name, title and identification number of the Peace Officer placing
the hold order;
c.
Name and address of the agency to which the Peace Officer is
attached and the offense number;
d.
Complete description of the property to be held, including model
number, serial number and transaction number;
e.
Name of the agency reporting the property to be stolen or embezzled;
and
f.
Mailing address of the pawnshop where the property is held.
2.
The pawnbroker or his/her designee shall sign and date a copy
of the hold order as evidence of its receipt.
3.
While the Hold Order is in effect, the pawnbroker may consent
to release, upon written receipt, the stolen or embezzled property
to the custody of the law enforcement agency to which the Peace Officer
placing the hold order is attached. Such consent shall not be considered
a waiver or release of the pawnbroker's property rights or interest
in the property.
4.
Except as provided in Subparagraph (3) of this Subsection, the
pawnbroker shall not release or dispose of the property except pursuant
to a court order or the termination or expiration date, if any, of
the hold order including any extensions thereof.
5.
In the event criminal charges have been filed in any Missouri
court involving property which is in the possession of a pawnbroker
licensed by the City and which may be needed as evidence, the appropriate
prosecuting Attorney's office may place a written hold order
on the property. Such order shall contain the case number, the style
of the case and a description of the property. The pawnbroker shall
hold such property until receiving notice of the disposition of the
case from the prosecuting Attorney's office. The Prosecuting
Attorney's office shall notify the pawnbroker, in writing, within
fifteen (15) days of the disposition of the case.
6.
Willful non-compliance by a pawnbroker with a written hold order
shall be cause for the pawnbroker's license to be suspended or
revoked. A Hold Order may be terminated at any time by written release
from the law enforcement agency or Prosecuting Attorney placing the
initial hold order.
E.
Embezzled, Stolen Or Encumbered Property — Police Cooperation.
1.
Each pawnbroker shall notify the Police of any article pledged,
or attempted to be pledged, if the pawnbroker has reason to believe
that said article was stolen or embezzled.
2.
A pawnbroker shall have no recourse when a customer has pledged
goods for the receipt of money except the pledged goods themselves,
unless the pledged goods are found to be stolen, embezzled, mortgaged
or otherwise pledged or encumbered. When a customer is notified by
a Peace Officer that the goods he/she pledged or sold to a pawnbroker
were stolen, embezzled, mortgaged or otherwise pledged or encumbered,
the customer shall be liable to repay the pawnbroker the full amount
the customer received from the pawn or buy transaction. A pawnbroker
shall not charge any fee relating to the restoration of such property
to its rightful owner.
3.
Every pawnbroker shall give the Police Chief notice of all pawned
goods to be shipped out of town, which notice shall state the name
of the pledgee and the destination and date of shipment. Such goods
shall not be shipped for at least seven (7) days after delivery of
the copy of the register to the Police Chief.
4.
Every pawnbroker shall, upon request, show and exhibit to any
Peace Officer any article purchased, taken, or received by the pawnbroker
if the item is still in the possession of the pawnbroker.
F.
Miscellaneous Regulations.
1.
Hours Of Operation. No pawn shop shall be open for business
or receive as pawned, pledged, or purchased, or upon any condition
whatsoever, any article of personal property or other valuable thing
between the hours of 8:00 P.M. on any day and 7:00 A.M. on the following
day.
2.
Keeping Items Seven (7) Days. No pawnbroker shall destroy, melt
down, dispose of, sell or deliver to any other person any item of
tangible personal property until seven (7) days have passed from the
date the item was received.
3.
Dealing In Weapons Prohibited, When. No pawnbroker shall receive
as security or otherwise conduct any transaction involving any kind
of firearm, revolver, pistol, rifle, bowie knife, spring back knife,
razor, metal knuckles, bill, sword, cane, dirk, dagger, or other similar
weapon, unless said pawnbroker is otherwise licensed by applicable
State and Federal law to purchase and sell such weapons.
4.
Secondhand Goods. A pawnbroker shall not purchase or take in
trade used or secondhand personal property unless a record is established
that contains:
a.
The name, address, physical description, and the driver's
license number, military identification number, identification certificate
number, or other official number capable of identifying the seller;
b.
A complete description of the property, including the serial
number, if reasonably available, or other identifying characteristic;
and
c.
A signed document from the seller providing that the seller
has the right to sell the property.
5.
No Barred Windows Or Doors On Exterior Of Building. No building
in which a pawnbroker shall conduct business shall have any bars or
similar security features or structures installed on the exterior
of any window or door.
6.
Additional Restrictions. A pawnbroker shall not:
a.
Accept a pledge from a person who is under eighteen (18) years
of age;
b.
Make any agreement requiring the personal liability of a pledgor
in connection with a pawn transaction;
c.
Accept any waiver, in writing or otherwise, of any right or
protection accorded a pledgor under this Chapter or other law; or
d.
Fail to exercise reasonable care to protect pledged goods from
loss or damage;
e.
Fail to return pledged goods to a pledgor upon payment of the
full amount due the pawnbroker on the pawn transaction.
[Ord. No. 18.15, 4-5-2018]
The City Clerk may issue such rules and regulations as he/she
deems necessary to implement this Chapter and the policies contained
herein.
[Ord. No. 18.15, 4-5-2018]
Any person operating a pawnshop without a license or otherwise in violation of the standards and requirements provided herein shall be guilty of a violation of this Section and, upon conviction thereof, shall be punished as provided in Section 100.190 of this Code.
