City of Williston, ND
Williams County
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Table of Contents
Table of Contents
[Ord. No. 631, 5-22-1984; Ord. No. 1013, 1-27-2015]
The purpose of this chapter is to regulate pawnbrokers in order to deter attempts to dispose of stolen property, to aid in the apprehension of thieves or receivers of stolen property, and to protect the general public.
Additionally, in achieving this purpose of helping the Williston Police Department to better regulate current and future pawn businesses and other dealers, and to improve identification of criminal activities through the timely collection and sharing of transaction information, this chapter also implements and establishes the required use of a computerized reporting system or program as designated by the Williston Chief of Police.
For the purpose of this chapter, a pawnbroker is any person who loans money on deposit or pledge of personal property or who deals in the purchase of tangible personal property, on condition of selling the property back again at a stipulated price or who loans money secured by tangible personal property, by taking possession of the property or any part thereof so mortgaged or, who in combination with the above practice, buys used property for the purpose of sale.
[Ord. No. 631, 5-22-1984]
No person shall carry on or engage in the business of a pawnbroker in the city without first having obtained a license from the city to do so.
[Ord. No. 631, 5-22-1984]
Every pawnbroker, before commencing business, shall pay into the city treasury the required license fee which shall be established by resolution of the board of city commissioners.
[Ord. No. 631, 5-22-1984; Ord. No. 665, 3-25-1986]
Before the issuance of a license by the city auditor to any person as a pawnbroker, the person applying for said license shall execute a bond to the city in the amount of $10,000 with sufficient sureties, condition that said applicant will, in every way, conform with the requirements set forth by the city.
[Ord. No. 631, 5-22-1984]
(a) 
Licenses issued pursuant to this chapter may be revoked, cancelled or suspended at any time by the board of city commissioners for any cause deemed by the board to be sufficient cause and justified by reason of public health and public morals. Such termination shall be subject only to review by the courts of the state. When any license is revoked or the licensee voluntarily ceases his business, no portion of the license fee previously paid shall be returned to the licensee or to anyone claiming under or through him.
(b) 
Any person having information that a pawnbroker has violated any provisions of this chapter may file with the city attorney an affidavit specifically setting forth such violation. Upon receipt of such affidavit, the city attorney shall cause the matter to be set for hearing not later than the next regular meeting of the board of city commissioners. A copy of the affidavit and notice of hearing shall be mailed to the licensee by registered or certified mail not less than five days before such hearing, and in the event the date of receipt of such affidavit does not permit said required five days' notice, then such hearing before the board of city commissioners will be held at its next following regular meeting or a special meeting called by the board.
[Ord. No. 631, 5-22-1984; Ord. No. 1013, 1-27-2015]
At the time of any reportable transaction other than renewals, extensions, or redemptions, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the chief of police. Such record shall specifically include:
(a) 
A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item;
(b) 
A digital photograph of any item which is pawned or purchased as well as digital photograph of the person pawning the item to the attached to the transaction record submitted to the computerized reporting system or program designated by the Williston Chief of Police;
(c) 
The purchase price, amount of money loaned upon, or pledged;
(d) 
The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges;
(e) 
The date, time, and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records;
(f) 
Full name, current residential address, and phone number, date of birth and accurate description of the person from whom the item of the property was received including sex, height, weight, race, color of eyes, and color of hair;
(g) 
The identification number and state of issue of a current government photo driver's license or state photo identification card.
(h) 
The signature of the person identified in the transaction.
(i) 
Renewals, extensions, and redemptions. For renewals, extensions, and redemption, the licensee shall provide the original alpha and/or numeric transaction identifier, the date of the current transaction, and the type of transaction.
(j) 
Inspection of records. Transaction records must at all reasonable times be open to inspection by the Williston Police Department during the licensee's business hours. Data entries shall be retained for at least three years from the transaction date.
[Ord. No. 631, 5-22-1984; Ord. No. 1013, 1-27-2015]
Licensees must submit every reportable transaction to the Williston Police Department daily in the following manner:
(a) 
Licensees must provide to the Williston Police Department all information required in Section 13-6(a)-(j), and any other required information, by transferring the data from the licensee's computer to the computerized reporting system or program designated by the Williston Chief of Police.
(b) 
All required records must be transmitted accurately and completely each day in accordance with the standards and procedures established by the computerized reporting system or program designated by the Williston Chief of Police.
(c) 
If a licensee is unable to successfully transfer the required information to the computerized reporting system or program designated by the Williston Chief of Police, the licensee must provide the Williston Police Department printed copies of all reportable transactions, by 12:00 p.m. the next business day. The licensee must make all reasonable efforts to correct the problem as soon as possible.
(d) 
Regardless of the cause or origin of any technical problems that prevented the licensee from uploading their reportable transactions to the computerized reporting system or program designated by the Williston Chief of Police, upon correction of the problem(s), the licensee shall upload every reportable transaction from every business day since the technical problem(s) existed.
(e) 
No person shall knowingly make or enter any false or unintelligible entry or record, or make any entry or record which he or she has reason to believe is untrue, in the entries or records required to be kept by this Chapter.
[Ord. No. 1013, 1-27-2015]
(a) 
At the time of receiving a pledge and upon the subsequent renewal of a loan, a pawnbroker shall deliver to the pledge or the pledge's agent a pawn ticket, which pawn ticket shall be serially numbered, and which shall contain the following information:
(1) 
The name and address of the pawnbroker;
(2) 
A generic description of the pledge, with such particular details of description noted whenever possible in order to distinguish the items from others;
(3) 
The date and time of transaction; and
(4) 
The amount, duration, and terms of the loan.
(b) 
The pawnbroker may insert on the pawn ticket other terms, conditions, or items of information that are not inconsistent with the provisions of this division.
(c) 
The pawnbroker may not allow an item to be redeemed until the passage of three working days, excluding Saturdays, Sundays, and holidays, following the date when the reporting required by Section 13-7 is accomplished, except on a written release from the Williston Chief of Police. For example, barring a release from the chief of police, an item pledged on a Thursday and reported to the Williston Police Department on the following Friday may not be redeemed until the next Thursday.
(d) 
Every item of any kind or description which is taken by a pawnbroker as a pledge and not redeemed shall be held by the pawnbroker for a minimum period of 30 days before the pledge is foreclosed or enforced and the item offered for sale.
(e) 
Any licensee who shall acquire any goods, other than as a pledge, shall keep the goods in his possession until the passage of five working days, excluding Saturdays, Sundays, and holidays, following the day when the reporting required by Section 13-7 is accomplished, except on written release from the chief of police or his designee. Although the licensee is required to keep possession of the property for a specified period of time hereunder, he is free to sell the goods and to transfer whatever title he might have to the goods to the purchaser, provided that he does not surrender up possession of the goods during the required holding period. Goods refer to one item or a group or set of related items collectively, such as a set of silverware.
[Ord. No. 631, 5-22-1984]
No person engaged in the business of a pawnbroker shall purchase or receive any articles or thing of value from, or transact any business with a minor, without the written consent of such minors parent or guardian.
[Ord. No. 631, 5-22-1984]
Any person, firm, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine or penalty as stated in Section 1-11 of this Code. The court shall have the power to suspend said sentence and to revoke suspension thereof. Each day any violation shall exist, shall constitute a separate offense.
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 1013, 1-27-2015]
(a) 
The Williston Chief of Police may order an:
(1) 
Investigative hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within 72 hours and will remain in effect for 15 days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued whichever comes first.
(2) 
Order to hold. Whenever the chief of police, or the chief's designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be removed by the chief of police, or the chief's designee. The order to hold shall expire 90 days from the date it is placed unless the chief of police, or the chief's designee, determines the hold is still necessary and notifies the licensee in writing.
(3) 
Order to confiscate. If an item is identified as stolen or as evidence in a criminal case, the chief of police, or the chief's designee, may:
a. 
Physically confiscate and remove it from the shop, pursuant to a written order from the chief of police or the chief's designee, or
b. 
Place the item on hold or extend the hold as provided in Subsection (b) of this section, and leave it in the premises.
(b) 
When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide to licensee the name and phone number of the confiscating agency and investigating officer, and the case number related to the confiscation. When an order to hold/confiscate is no longer necessary, the chief of police, or the chief's designee, shall so notify the licensee.