[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:
(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:
(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.
