[CC 1990 § 17-81; Ord. No. 1452 § 1, 9-23-1998]
For the purposes of this Article, the following terms shall
have the meanings assigned to them by this Section, unless the context
of their use in this Article 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 (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 day of such following
month and when computations are made for a fraction of a month, a
day shall be one-thirtieth (1/30) 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 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 in part by current assets. Applicable liabilities to 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 City 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.
This word shall have the same meaning as set out in Section 405.10.030.
An individual, partnership, corporation, joint venture, trust,
association or any other legal entity, however organized.
In addition to other factors making a person of good moral
character, a person who has not been convicted of a felony or released
from confinement for conviction of a felony, whichever event is later,
within five (5) years immediately preceding the date of application
for pawnbroker license, or has not been convicted of a misdemeanor
or released from confinement for conviction of a misdemeanor, whichever
event is later, within two (2) years immediately preceding the date
of application for pawnbroker license, where such felony or misdemeanor
involved the operation of a pawnshop, theft, stealing, robbery, burglary
or receipt of stolen property and related offenses as defined in the
Missouri Criminal Code or similar Statutes, or has not been convicted
of municipal ordinance violation or released from confinement for
conviction of a municipal ordinance violation, whichever event is
later, within two (2) years immediately preceding the date of application
for pawnbroker license, where such municipal ordinance violation involved
the operation of a pawnshop, theft, stealing, robbery, burglary or
receipt of stolen property.
Tangible personal property other than choses in action, 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.
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
Article, shall not be determined by the cost of the article as paid
by the dealer.
[CC 1990 § 17-82; Ord. No. 1452 § 2, 9-23-1998]
It shall be the duty of every person licensed as a pawnbroker
under the provisions of this Article to make out and deliver to the
Chief of Police each day, 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 in 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.
[CC 1990 § 17-83; Ord. No. 1452 § 3, 9-23-1998]
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. 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.
[CC 1990 § 17-84; Ord. No. 1452 § 4, 9-23-1998]
A.
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.
Be a person of good moral character;
2.
Have net assets of at least fifty thousand dollars ($50,000.00)
readily available for use in conducting business for each licensed
pawnshop;
3.
Show that the pawnshop will be operated lawfully and fairly
under State law and City ordinance; and
4.
Possess a "Certificate of Registration" from the Missouri Division
of Finance to conduct a pawnbrokering business.
5.
No applicant shall be granted, or if already granted, renewed, a license if the premises to be licensed is in violation of Chapter 215 or Chapter 405 of the City of Chesterfield Municipal Code. The maintenance of violations of Chapter 215 and/or Chapter 405 of the City of Chesterfield Municipal Code on the premises to be licensed shall be considered evidence that the applicant is not of good moral character.
[Ord. No. 3221, 1-17-2023]
B.
Every pawnbroker must obtain a license for each place where such
pawnbrokering business is transacted and no one shall act as an 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.
C.
An application for a new pawnshop license, the transfer of an existing
pawnshop license or the approval of a change in the ownership of a
licensed pawnshop 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 required by the
City. If the applicant is a partnership, the City may require that
the application state the full name and address of each member. If
the applicant is a corporation, the application shall state the full
name and address of each officer, shareholder, and director. The application
shall be accompanied by:
1.
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; and
2.
Proof of general liability if required by the City, and an annual
fee of five hundred dollars ($500.00).
D.
Each applicant for a pawnshop license at the time of filing application
shall file with the City, if the City so requires, a bond satisfactory
to him/her and in an amount not to exceed five thousand dollars ($5,000.00)
for each license with a surety company qualified to do business in
this 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 or persons who may have a cause
of action against the obligor of such bond under the provisions of
Sections 367.011 to 367.060, RSMo. Such bond shall be conditioned
that the obligor will comply with the provisions of Sections 367.011
to 367.060, RSMo., and of all rules and regulations lawfully made
by the City, 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 Sections 367.011 to 367.060, RSMo., during the
time such bond is in effect.
E.
Each applicant for a pawnshop license at the time of filing application
shall file with the City of Chesterfield a bond satisfactory to it
and in the amount of ten thousand dollars ($10,000.00) for each license
with a surety company qualified to do business in this State. 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 or persons who may have a cause of action against
the obligor of such bond under the provisions of Sections 367.011
to 367.060, RSMo., or this Article. Such bond shall be conditioned
that the obligor will comply with the provisions of Sections 367.011
to 367.060, RSMo., and of all rules and regulations lawfully made
by the City of Chesterfield 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 Sections 367.011 to 367.060,
RSMo., or provisions of this Article during the time such bond is
in effect. Each applicant will pay all costs, fines and penalties
incurred on account of their failure or neglect in this regard and
will pay all damages resulting to the City, the State, or to any person
by reason of their violations of the Revised Statutes of Missouri
or this Article or their failure to maintain adequate net assets as
defined herein.
F.
If the City of Chesterfield is unable to verify that the applicant
meets the net assets requirement for a licensed pawnshop, the City
of Chesterfield 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.
G.
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 case 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 within ten (10) days before
such cancellation or alteration becomes effective.
H.
A pawnshop license shall expire on June 30 of each year.
I.
Investigation Fee. 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 for
a separate location or involves substantially identical principals
and owners of a licensed pawnshop at a separation location.
[CC 1990 § 17-85; Ord. No. 1452 § 5, 9-23-1998]
The license provided for in this Article shall designate the
licensed location and shall be posted conspicuously on the premises.
[CC 1990 § 17-86; Ord. No. 1452 § 6, 9-23-1998]
Licensee shall pay an annual license fee of five hundred dollars
($500.00) for each license due as any other license fee under the
provisions of the City.
[CC 1990 § 17-87; Ord. No. 1452 § 7, 9-23-1998]
If any pawnbroker or his/her agents, servants or employees shall
violate any of the provisions of this Article or Chapter 367, RSMo.,
and is finally convicted in any court of the City or State; fails
to comply with the provisions of this Article; or fails to remain
a person of good moral character, the license or license issued under
this Article to said pawnbroker may be suspended or revoked by the
City Council after a hearing before the City Council. 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
witnessed, 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 City Council. Upon suspension or revocation of any
license, no license fee paid shall be refunded to the licensee.
[CC 1990 § 17-88; Ord. No. 1452 § 8, 9-23-1998]
A.
The City shall allow any person lawfully operating a pawnshop on
the effective date of this Article to continue operating such business
without obtaining a license required by this Chapter so long as such
person does not violate any of the provisions of this Chapter, except
that such person shall be required to apply for a pawnbroker's license
pursuant to this Article when said person's occupational license is
next due and he/she shall be required to pay the annual fee of five
hundred dollars ($500.00) prescribed, but shall not be required to
pay an investigation fee.
B.
Subject to the provisions of Section 605.810(A), no license for engaging in the business of pawnbrokers shall be issued when the issuance thereof would increase the number of such licenses outstanding and in force at the time to more than one (1) per fifty thousand (50,000) inhabitants.
[CC 1990 § 17-89; Ord. No. 1452 § 9, 9-23-1998]
A.
It shall be unlawful for any person, other than an owner, who works
as a manager at a pawnshop to do so without having first obtained
from the City a manager permit, to be designated as a "pawnshop dealer
manager's permit," or to work as a manager at such business after
such person's manager's permit has been revoked, or while such person's
permit is suspended.
B.
All application for a pawnshop manager's permit (manager's permit)
shall be signed by the applicant and be notarized. All applications
shall be submitted on a form supplied by the City and shall require
the following information:
1.
The applicant's name, home address, home telephone number, date
and place of birth and Social Security number;
2.
The name and address of the business at which the applicant
intends to work as a manager and an "intent to hire" statement from
the business that is licensed, or that has applied for a license,
under the provisions of this Chapter;
3.
A statement from the applicant that he/she is a person of good
moral character and that the applicant has not been convicted of any
felony, misdemeanor or municipal ordinance which makes the applicant
presently unfit for a pawnshop dealer manager's permit; and
4.
Any other information deemed relevant by the City for the efficient
administration of this provision.
C.
Pawnshop dealer manager's permits shall be valid for a period of
three (3) years from the date of issuance. A fee of fifteen dollars
($15.00) shall be payable at the time the application for the permit
or renewal is submitted for approval. Renewals shall be made in the
same manner as provided for above.
D.
Failure to provide information required by this Section shall constitute
an incomplete application and the incomplete application shall not
be processed.
[CC 1990 § 17-90; Ord. No. 1452 § 10, 9-23-1998]
A.
After an investigation, the City shall issue the applicable license
required authorized by this Article if the City finds:
1.
That the business for which a license is required herein will
be conducted in a building, structure and location which complies
with the requirements of and meets the standards of the applicable
health, zoning, building code, fire and property maintenance ordinances
of the City, as well as the requirements of this Article;
2.
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 for renewal thereof);
3.
That the applicant is a person of good moral character; and
4.
That the applicant has not had a license or permit issued under
the provisions of this Article revoked within five (5) years immediately
preceding the application.
B.
After an investigation, the City shall issue or renew any applicable
pawnbroker dealer manager's permit authorized by this Article if the
City finds:
1.
That the applicant has not made any false, misleading or fraudulent
statement of material fact in the application for a permit or the
renewal thereof;
2.
That the applicant is person of good moral character; and
3.
That the applicant has not had a license or manager's permit
issued under the provisions of this Article revoked within five (5)
years immediately preceding the application.
[CC 1990 § 17-91; Ord. No. 1452 § 11, 9-23-1998]
It shall be unlawful for a pawnshop owner not to comply with
the building codes, zoning, fire and health and property maintenance
ordinances of the City and with regulations of such departments of
the City. Failure to comply with such ordinances or regulations may
be a basis for suspension, revocation or non-renewal of the license
issued to that owner.
[CC 1990 § 17-92; Ord. No. 1452 § 12, 9-23-1998]
A.
A pawnshop dealer manager permit holder or owner shall be on duty
at a pawnshop at all times the pawnshop is open for business. The
name of the manager or owner on duty shall be prominently posted during
business hours.
B.
It shall be responsibility of the manager or owner to have on the
premises the names, addresses, home telephone numbers, date and place
of birth and Social Security numbers of all current and former [prior
two (2) years] employees.
[CC 1990 § 17-93; Ord. No. 1452 § 13, 9-23-1998]
A.
Every pawnbroker shall keep at his/her place of business a clean
and legible register in which he/she shall enter, in writing or electronically,
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 time
and date 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, 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. Every entry shall be made in ink 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
that the seller or person pledging the property has the right to sell
the property.
B.
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 Police
Officer for inspection any article purchased, taken or received by
him/her.
[CC 1990 § 17-94; Ord. No. 1452 § 14, 9-23-1998]
A.
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 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, Social
Security number, identification certificate number or other official
number capable of identifying the pledgor;
3.
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.
An identification and description of the pledged goods, including
brand name, model and 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.
No pawnbroker shall accept pledged property or purchase or trade
property, unless a photograph or videotape of the pledgor/seller/trader
is taken by the pawnbroker and identified with the receipt issued
to the pledgor/seller/trader. Said photograph or videotape shall be
maintained and be available for inspection by the Police upon their
request. Every pawnbroker shall display a notice to his/her customers
in a prominent place that the pawnbroker is required by City ordinance
to photograph or video tape every person pledging, trading or selling
an item.
C.
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.
D.
Receipt entries shall be made in ink or indelible pencil and said
entries shall not be erased, obliterated or altered in any way so
as to cause said entries to become illegible.
E.
Receipts must be maintained in a form which contains a pre-printed,
sequential numbering or lettering system.
F.
An identifying tag or sticker must be attached to all pledged goods
and shall remain on said pledged goods until redeemed or otherwise
disposed of.
G.
Every pawnbroker shall maintain and shall deliver or otherwise make
available, upon request of the Chief of Police, a copy of all receipts.
[CC 1990 § 17-95; Ord. No. 1452 § 15, 9-23-1998]
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.
[CC 1990 § 17-96; Ord. No. 1452 § 16, 9-23-1998]
A.
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 the 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.
A pledgor shall have no obligation to redeem pledged goods or make
any payment on a pawn transaction.
C.
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.
[CC 1990 § 17-97; Ord. No. 1452 § 17, 9-23-1998]
A.
A pawnbroker shall not:
1.
Accept a pledge from a person who is under eighteen (18) years
of age;
2.
Make any agreement requiring the personal liability of a pledgor
in connection with a pawn transaction;
3.
Accept a waiver, in writing or otherwise, of any right or protection
accorded a pledgor under State law or City ordinance;
4.
Fail to exercise reasonable care to protect pledged goods from
loss or damage;
5.
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. Pawnbrokers shall not be responsible for loss of pledged
articles due to acts of God, acts of war or riots. Each pawnbroker
shall employ, if reasonably available, a reputable company for the
purpose of fire and theft security.
6.
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.
[CC 1990 § 17-98; Ord. No. 1452 § 18, 9-23-1998]
Each pawnbroker shall keep, consistent with accepted accounting
practice, adequate books and records relating to the pawnbrokers 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.
[CC 1990 § 17-99; Ord. No. 1452 § 19, 9-23-1998]
No pawnbroker or member of a pawnbroker's family or employee
or any person shall be permitted to live in a pawnshop or in rooms
connecting therewith.
[CC 1990 § 17-100; Ord. No. 1452 § 20, 9-23-1998]
No person shall be open for business or receive as pay pledge
or purchased on any condition ever any article or personal property
or valuable thing between the hours of 8:00 P.M. on any day and 7:00
A.M. on the following day.
[CC 1990 § 17-101; Ord. No. 1452 § 21, 9-23-1998]
Every pawnbroker shall give the Chief of Police notice of all
pawned goods to be shipped out of town, said notice shall give the
name of the pledges 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 Superintendent.
[CC 1990 § 17-102; Ord. No. 1452 § 22, 9-23-1998]
Any person who violates any provision or fails to perform any requirement of this Article shall be subject to the general penalty provision of the "licenses and business regulations" Section of the City of Chesterfield Code, Section 605.220.
