[Ord. 2012-332 (part); Ord. 97-124 § 1; Ord. 96-541 § 1; Ord.
81-612 § 3]
The following definitions shall apply to the interpretation
and enforcement of this chapter.
A.
PAWNBROKER – Shall mean any person engaged in the business
of buying tangible personal property for which a record of transaction
is required to be filed, whether said purchase is subject to the seller's
right of repurchase or redemption or not; or a person engaged in the
business of receiving actual possession of tangible personal property
for which a record of transaction is required to be filed as security
for loans with or without a mortgage, lien, or bill of sale.
B.
SECOND-HAND DEALER – Shall mean any person engaged in the business
of buying or selling second-hand goods.
C.
SECOND-HAND GOODS – Shall mean tangible personal property previously
owned by another person, whether used or not, which property, in its
present state, possesses utility for the purpose for which it was
originally intended. This definition shall include gold, silver, copper,
or platinum articles bought for resale or meltdown, and coins.
D.
JUNK DEALER – Shall mean any person engaged in the business
of buying, selling, or bartering junk.
E.
JUNK – Shall mean any article, material, or property that because
of its age, deterioration, or use, has lost its original utility or
desirability; but which by alteration, restoration, or salvage may
furnish an item or items of value. This definition shall include parts
of original articles, materials, or property.
F.
PERSON – Shall mean any individual, firm, partnership, association,
or corporation, or any principal, employee, agent or servant, thereof.
G.
ESTABLISHED DEALER – Shall mean any person who has engaged
in any occupation regulated under this chapter for more than 30 consecutive
days at a fixed location in Davenport, Iowa.
H.
ITINERANT DEALER – Shall mean any person who engages in any
occupation regulated under this chapter who is not an established
dealer.
I.
ANTIQUE DEALER – Shall mean any person who engages in the business
of buying or selling second-hand goods of or typical of an earlier
period of time which have special value because of their age. If 90%
of an antique dealer's business involves items of tangible personal
property for which no record of transaction would be required, the
dealer shall be licensed as a second-hand dealer. If more than 10%
of the antique dealer's business involves items of tangible personal
property for which a record of transaction would be required, the
dealer shall be licensed as a pawnbroker. If an antique dealer is
licensed as a second-hand dealer, items of tangible personal property
which are purchased or taken in by the dealer for which a record of
transaction would be required shall be reported to the police department
as required in Section 5.22.110 on a weekly basis and the property
shall be kept and maintained as required in Section 5.22.120 Any person
claiming to qualify as a second-hand dealer hereunder shall be required
to prove that he/she has met the requirements stated herein to the
satisfaction of the police department.
J.
RECYCLER – Shall mean any person who collects, separates, and
processes any waste, or material which would otherwise become waste,
in an effort to return the material to use as raw materials or new
products.
[Ord. 2012-332 (part); Ord. 97-124 § 2; Ord. 96-541 § 2; Ord.
88-200 § 1; Ord. 81-612 § 4]
The provisions and regulations of this chapter shall not apply
to:
A.
Charitable organizations, including but not limited to, the Salvation
Army and Good Will Industries.
B.
Auctioneers and Auction Houses. An auctioneer or auction house is
a person who sells property, for a third party, for a fee and at a
public sale where property is sold to the highest bidder. One who
takes the name of "auctioneer" or "auction house" shall not be exempt
unless they meet all of the criteria set forth herein and are licensed
pursuant to Chapter 5.03 of the Davenport Municipal Code.
C.
Events such as, but not limited to, flea markets, and garage sales
where second-hand goods are sold to the general public.
D.
Events such as fairs, conventions or hobby shows where specific specialized
goods are bought and sold by hobbyists.
E.
Persons purchasing tangible personal property for which a record
of transaction would be required, who hold a current, valid retail
business license pursuant to Chapter 5.17 of the Davenport Municipal
Code, and whose primary business involves the sale of new, unused
tangible goods, wares, merchandise, or personal property; and whose
sales and purchases of second-hand goods constitutes less than 5%
of their gross annual sales. Any person claiming to be exempt pursuant
to this subsection shall be required to prove that they meet the qualifications
to the satisfaction of the police department. Such proof shall be
required to be established annually. The exemption provided by this
subsection shall apply only as to the licensing requirements. Records
of transactions shall still be kept and maintained as required by
Section 5.22.110, except that they shall be submitted to the police
department on not less than a weekly basis; such records shall also
be kept and maintained at the businesses' address, and open to inspection
upon demand by any member of the criminal investigation department
of the police department for at least one year from the date of the
transaction. Any tangible personal property taken in shall be retained
as required by Section 5.22.120.
F.
Purchases of second-hand goods from the executor of an estate, the
designated attorney for an estate or other entity, or a trustee or
receiver for an estate or other entity shall be exempt from the provisions
of this chapter provided that the person purchasing said second-hand
goods keeps a record of the transaction which complies with the requirements
of Section 5.22.110 together with a copy of the file-stamped court
document which establishes the persons selling said second-hand goods
is the executor, attorney, trustee, or receiver. Said record shall
be submitted to the police department on not less than a monthly basis;
and be kept and maintained at the business's address, and open to
inspection upon demand by any member of the criminal investigation
department of the police department for at least one year from the
date of the transaction.
G.
Recyclers shall be licensed as junk dealers and pay the appropriate
license fee. However, recyclers shall be exempt from the provisions
and regulations of this chapter except that recyclers must report
to the police department within a week any purchases from members
of the public of gas grills, aluminum bleachers, aluminum ladders,
and any other item which the chief of police may from time to time
designate. Such report shall include the name and address of the seller,
the date of the transaction and the quantity and type of item sold.
H.
Government entities.
[Ord. 2012-332 (part); Ord. 81-612 § 5]
No person, unless otherwise indicated, shall engage in business
as a pawnbroker, second-hand dealer or junk dealer within the City
limits without first having procured a license therefor from the City
Clerk's office, and complied with other requirements of this chapter.
[Ord. 2012-332 (part); Ord. 96-541 § 3]
An application for a business license shall be filed with the
City Clerk upon forms provided by the City. The application contents
and information shall be signed and sworn to by the owner and/or applicant
of the business. The application shall contain the following information:
A.
The full name and address of each owner of the business, and if a
partnership, the full names and addresses of all partners, and if
a corporation, the full names and addresses of all of the corporation's
officers, directors and its registered agent.
B.
The work or employment history of the owner and business manager
for the past five years. If the applicant is a corporation, the information
shall be provided for the chief administrative officer in charge of
the Davenport business and the business's manager. If the applicant
is a foreign corporation a copy of its certificate to do business
in Iowa shall be attached. If the applicant is a partnership the information
provided shall be provided for each partner and the business manager.
C.
A list of all felony and misdemeanor convictions, excluding traffic
violations, which occurred within the last 10 years immediately preceding
the application. This information shall be provided for each owner,
manager, partner, corporate officer or director.
D.
The address of the place of business and the business telephone number.
E.
The social security number and driver's license number and state
of issue of the driver's license for each owner, manager, partner,
and corporate officer or director.
F.
Whether the owner or applicant has ever had a similar license suspended
or revoked, and if so the details thereof.
G.
The application shall be accompanied by a financial statement (a
recent business account bank statement or balance sheet or personal
bank account statement or balance sheet). The financial statement
shall identify all sources from whom money or capital was (or will
be) obtained for the funding of the business. The financial statement
shall also identify all bank accounts used by the business and identify
all persons permitted to sign checks and withdraw funds.
H.
Such other information as the City may require.
[Ord. 2012-332 (part); Ord. 96-541 § 4]
Upon the filing of an application, the City Clerk shall forward
a copy of the same to the chief of police or his designee who shall
then investigate the application and file a written report and recommendation
with the City Clerk regarding the approval or denial of the license.
The report shall clearly state the reason or reasons that an application
is denied.
[Ord. 2012-332 (part); Ord. 98-572; Ord. 96-541 § 5]
A.
If the City Clerk, based upon the recommendation of the police department,
finds that the applicant meets the requirements of this chapter and
will abide by the provisions of this chapter, the City Clerk may issue
a business license to the applicant.
B.
An application may be denied for any of the following reasons:
1.
The applicant, owner, manager, partner, corporate officer, or corporate
director has had a previous business license suspended or revoked.
2.
The applicant, owner, manager, partner, corporate officer, or corporate
director was convicted of a crime involving robbery, burglary, theft,
forgery, fraudulent or deceptive practices; possession, manufacture
or delivery, or possession with intent to manufacture or deliver a
controlled substance, possession of drug paraphernalia, nonpayment
of excise taxes for controlled substances, nonpayment of any taxes,
or insolvency.
3.
The application contains incomplete, false, or misleading information.
4.
Approval of the application would violate any other section of this
chapter.
5.
For new applicants only, inability to transmit records of transaction
to the police department via computer modem in a format which is compatible
with the police department's computer database.
[Ord. 2012-332 (part); Ord. 96-541 § 6; Ord. 81-612 § 6]
A.
A second-hand dealer whose business does not involve buying tangible
personal property, for which a record of transaction would be required
to be filed pursuant to this chapter, shall pay an annual license
fee of $50 to operate as a second-hand dealer. For pawnbrokers, junk
dealers and persons buying or taking in items of tangible personal
property for which a record of transaction would be required, the
annual fee for an established dealer for a license to operate under
this chapter shall be $300. Itinerant second-hand dealers, junk dealers,
and pawnbrokers shall pay an annual license fee for the issuance of
a license to operate under this chapter in the amount of $500.
B.
If a new applicant provides a copy of a lease which indicates that
the prospective licensee will be in business for at least 12 consecutive
months from the date the license is granted, the applicant shall qualify
for a license at the fee rate for an established dealer.
C.
The license for an itinerant dealer shall specify the date or dates
upon which the business will be operated.
D.
A license issued pursuant to this chapter shall not be transferable
to another location or another person, and there shall be no refund
of the license fee for any reason.
[Ord. 2012-332 (part); Ord. 96-541 § 7; Ord. 81-612 § 7]
The license issued under this chapter shall be posted conspicuously
in each place of business so licensed.
[Ord. 2015-118 § 4; Ord. 2012-332 (part); Ord.
96-541 § 8; Ord. 81-612 § 8]
The City of Davenport Finance Director or the Director's designee
may suspend or revoke a license issued pursuant to this chapter for
any of the following reasons:
A.
The licensee's application contains a misrepresentation of any fact,
a false statement, or a misleading statement.
B.
The licensee has violated any of the provisions of this chapter or
has otherwise conducted its business in an unlawful manner.
C.
The licensee, owner, manager, partner, corporate officer or director
has been convicted of a crime involving fraudulent or deceptive practices,
such as, but not limited to, robbery, burglary, theft, forgery, or
the possession, manufacture or delivery of a controlled substance,
or non-payment of excise taxes or any other taxes, or insolvency.
D.
Any reason that constitutes grounds for denial of the issuance of
a license.
Upon the receipt of a decision suspending or revoking a license
the licensee may request an administrative hearing as provided in
Section 2.86.020 of the City code. At the hearing the licensee shall
be allowed a reasonable opportunity to be heard in order to show cause
as to why the adverse decision should not be upheld. The burden of
proof shall be upon the licensee. The hearing shall be scheduled and
held as provided by the procedures in Chapter 2.86 of the City code.
If no timely appeal is filed the licensee shall be deemed to have
waived all rights to challenge the suspension or revocation of its
license.
[Ord. 2012-332 (part); Ord. 96-541 § 9; Ord. 81-612 § 9]
Revocation of a business license shall bar the licensee, owner,
manager, partner, officer or director from being eligible for any
license hereunder for a period of one year from the date of the revocation.
There is no automatic reinstatement of a revoked license. A new application
must be made and issuance of a license will be determined therefrom.
Suspension of a business license for the remainder of its one-year
period also requires a new application with no automatic reinstatement
of the license. Suspension of a business license for less than the
remainder of its one-year period means that the license is automatically
reinstated at the end of the suspension period, but only if the licensee
has posted a new case bond with the City.
No business license shall be approved for a new applicant whose
place of business is the same as a previous licensee whose license
was suspended for the remainder of its one-year period, or whose license
was revoked, until 12 months have elapsed from the effective date
of the suspension or revocation.
[Ord. 2012-332 (part); Ord. 2005-128 § 1; Ord. 96-541 § 10; Ord.
81-612 § 10]
Every pawnbroker, second-hand dealer or junk dealer shall keep
and maintain, on computer software, an accurate account of each and
every purchase, pawn, or exchange of the following tangible personal
property:
A.
Items consisting in whole or in part of gold, silver, platinum, copper
or other precious metals;
B.
Collections of 10 or more coins or bills of currency;
C.
Items which contain or consist of precious or semiprecious gem stones
used as or for decoration or jewelry, and other items of jewelry;
D.
Articles with serial numbers or model numbers, including, but not
limited to appliances, tools, radios, stereo equipment, televisions,
video recorders, camcorders, cameras, video equipment, computers,
computer accessories, video game equipment and accessories;
E.
Musical instruments;
F.
Movie cassette tapes and discs, music cassette tapes, compact discs,
record albums, computer software and diskettes, and video game cartridges;
however, if a person pawns more than 10 of any one type of property
as described in this subsection, the pawnbroker need only specifically
identify 10 of the items and also state the total number of that type
of property taken in;
G.
Metal and scrap metal products consisting of traffic signs, guardrails,
gas barbecue grills or grill parts, and aluminum siding, aluminum
ladders, aluminum stadium bleachers or parts thereof, aluminum boats,
spools of aluminum or copper wire, and other products consisting of
aluminum;
H.
Rifles, shotguns, firearms, and handguns.
The record of each transaction shall be entered and maintained
using the software required by the police department and shall include
a complete, detailed, and accurate description of each article pawned,
purchased, or taken in, including serial numbers and model numbers;
a transcription of any engraving or other identifying labels, markings,
or writings located on the item; brand name and model number of each
item if applicable; the title of movie cassette tapes or discs; the
title and artist name of musical cassette tapes, albums, or compact
discs; the number and description of any decorative precious or semiprecious
gems, stones, or jewelry, with the additional requirement that any
of jewelry or jewelry-like item be digitally photographed in such
a way as to identify the item by way of serial number, engraving,
or identifiable marking, along with a download of a photo identification
of the person pawning or selling the item; the brand name and title
of any video game cartridge; the brand name and title of any computer
software; and the price paid to the customer for each item. The record
of transaction shall be transmitted to the chief of police or his
designee by modem or diskette not later than noon of the next day
following the transaction. The computer record format for each transaction
modemed or submitted diskette will be specified by the chief of police
or his designee. A test diskette or test modem data download will
be done by each pawnbroker, second-hand dealer, or junk dealer, with
a written certification from the chief of police or his designee stating
that the computer format is acceptable and may be used.
The record of transaction shall include the date and time of
the transaction, a description of the customer selling, pawning, or
exchanging tangible personal property, which description shall include
the person's name, address, date of birth (month/day/year), sex, social
security number, approximate height and weight, and other distinguishing
characteristics (scars, tattoos, birth marks, known physical limitations).
The dealer or employee involved in the transaction shall be identified
for each item listed on the record of transaction. No such entry shall
be erased, obliterated, or deleted in any manner. A separate record
of transaction shall be completed for each transaction between the
licensed establishment and a particular customer for that specific
date and time. Transactions with a particular customer on the same
date as a previous transaction but at a later time, shall be completed
on a separate record of transaction as if the earlier transaction
had not occurred. Transactions between licensed establishments located
at different addresses shall be recorded on the record of transaction
in the same manner as any other required recorded transaction.
The record of transaction shall be transmitted to the chief
of police or his designee by not later than noon of the next day following
the transaction.
The record of transaction as well as each item of tangible personal
property pawned, pledged, or purchased shall, at all reasonable times,
be open to inspection upon demand by any member of the criminal investigation
department (CID) of the police department. Each licensee shall keep,
file and maintain copies of the records of transaction for at least
one year from the date of the transaction.
[Ord. 2012-332 (part); Ord. 96-541 § 11; Ord. 81-612 § 11]
No person shall sell, melt, change, dispose of, transfer, or
alter in any manner any tangible personal property received in pawn,
exchange, or purchase, for a minimum period of 10 days after the delivery
of the record of transaction to the police department, unless the
property pawned is redeemed by the person who originally exchanged
it with the licensee.
During the ten-day waiting period, the dealer shall separate
each day's acquisitions either by tagging each article or placing
each article in a container such that the date of the acquisition
of the article is clearly indicated.
In the event that the chief of police or his designee has reasonable
suspicion that an article pawned, purchased or exchanged is stolen
or that information furnished by the customer is false, the retention
period may be extended for an additional seven days.
[Ord. 2012-332 (part); Ord. 96-541 § 12; Ord. 61-612 § 12]
A.
It shall be unlawful for any person subject to the provisions of
this chapter to acquire any tangible personal property described in
Section 5.22.110 from any person under 18 years of age.
B.
It shall be unlawful for any person subject to the provisions of
this chapter to acquire any tangible personal property which bears
evidence of a serial number which has been tampered with, scratched,
obliterated, or altered in any manner, unless the person informs the
detective bureau of the police department of such fact before the
close of business on the date the transaction occurred.
C.
It shall be unlawful for any person subject to the provisions of
this chapter to acquire any tangible personal property described in
Section 5.22.110 without first examining and identifying credentials
of the customer selling, exchanging or pawning such property.
D.
No person subject to the provisions of this chapter shall acquire
any article of tangible personal property described in Section 5.22.110
from any person who is or appears to be intoxicated or under the influence
of a controlled substance, nor when notified by the police department
that they shall not accept pawns from a specifically identified person.
E.
No person licensed to operate as a pawnbroker, second-hand dealer,
or junk dealer pursuant to this chapter, shall purchase tangible personal
property as described in Section 5.22.110 without submitting a record
of transaction therefor. The record of transaction must indicate if
the purchase was for personal or business use. However, if a person
licensed pursuant to this chapter purchases tangible personal property
as described in Section 5.22.110 for personal use, and receives a
bill of sale from the vendor which states the name and address of
the vendor and the amount paid for the property, together with a written
description of the property which is adequate to identify that the
receipt is for the purchase of that property, and the licensee keeps
and maintains the receipt for as long as the licensee owns the property,
no record of transaction need be completed or submitted to the police
department
F.
It shall be unlawful for any person subject to the provisions of
this chapter to acquire any tangible personal property from anyone
who has been convicted of theft, robbery, burglary, fraud, forgery,
or any drug related criminal offense. A law enforcement officer may
provide such criminal conviction information to a pawnbroker or second-hand
dealer. When any person is found to be the owner of stolen property
which has been pawned, such property shall be returned to the owner
thereof without the payment of the money advanced by the pawnbroker
or second-hand dealer thereon or any costs or charges of any kind
which the pawnbroker or second-hand dealer may have placed upon the
same.
[Ord. 2012-332 (part); Ord. 2005-128 § 2; Ord. 96-541 § 13; Ord.
81-612 § 13]
A violation of any of the provisions of this chapter shall constitute
a simple misdemeanor punishable as provided in Iowa Code § 903.1.
