[R.O. 1997 § 610.010]
For the purposes of this Chapter the following terms shall be deemed to have the meaning indicated below:
PAWNBROKER
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.
PAWNSHOP
The location at which or premises in which a pawnbroker regularly conducts business.
PERSON
An individual, partnership, corporation, joint venture, trust, association or any other legal entity however organized.
PLEDGED GOODS
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.
SECURED PERSONAL CREDIT LOAN
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.
A. 
No person shall operate a pawnshop unless such person obtains a municipal pawnshop license issued pursuant to this Section. To be eligible for a pawnshop license, an applicant shall:
1. 
Be of good moral character;
2. 
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; and
3. 
Show that the pawnshop will be operated lawfully and fairly within the purposes of Sections 367.011 to 367.060, RSMo.
In addition to the qualifications specified in Subsection (A)(1) to (3), the City may also refuse to issue a pawnshop license to any applicant who has a felony or misdemeanor conviction which directly relates to the duties and responsibilities of the occupation of pawnbroker or otherwise makes the applicant presently unfit for a pawnshop license.
B. 
If the City is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop, the City 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.
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.
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 licensee shall keep, consistent with accepted accounting practices, adequate books and records relating to the licensee's pawn 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.
F. 
No person who is lawfully operating a pawnshop on August 28, 1990, 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 provision of Sections 367.011 to 367.060, RSMo.
A. 
At the time of making any secured personal credit loan, the lender 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 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, 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 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. 
The pawnbroker may be required to furnish appropriate law enforcement authorities with copies of information contained in Subsection (A)(1) to (4) of this Section and information contained in subdivision (6) of subsection 4 of Section 367.040, 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 an on-site inspection upon request of any appropriate law enforcement authority.
C. 
As used in this Section, the following terms mean:
DATABASE
A computer database established and maintained by a third party engaged in the business of establishing and maintaining one or more databases.
PERMITTED USER
Persons authorized by Law Enforcement Personnel to access the database.
REPORTABLE DATA
The information required to be recorded by pawnbrokers for pawn transactions pursuant to Subsection (A)(1) to (4) of this Section and the information required to be recorded by pawnbrokers for purchase transactions pursuant to subdivision (6) of subsection 4 of Section 367.040, RSMo.
REPORTING PAWNBROKER
A pawnbroker who chooses to transmit reportable data electronically to the database.
SEARCH
The accessing of a single database record.
D. 
The database shall provide appropriate Law Enforcement Officials with the information contained in Subsection (A)(1) to (4) of this Section and other useful information to facilitate the investigation of alleged property crimes while protecting the privacy rights of pawnbrokers and pawnshop customers with regard to their transactions.
E. 
The database shall contain the pawn and purchase transaction information recorded by reporting pawnbrokers pursuant to this Section and Section 367.040, RSMo., and shall be updated as requested. 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.
F. 
The third party's charge for the database shall be based on the number of permitted users. Law enforcement agencies shall be charged directly for access to the database, and the charge shall be reasonable in relation to the costs of the third party in establishing and maintaining the database. No reporting pawnbroker or customer of a reporting pawnbroker shall be charged any costs for the creation or utilization of the database.
G. 
The information in the database shall only be accessible through the internet to permitted users who have provided a secure identification or access code to the database but shall allow such permitted users to access database information from any jurisdiction transmitting such information to that database. Such permitted users shall provide the database with an identifier number of a criminal action for which the identity of the pawn or purchase transaction customer is needed and a representation that the information is connected to an inquiry or to the investigation of a complaint or alleged crime involving goods delivered by that customer in that transaction. The database shall record, for each search, the identity of the permitted user, the pawn or purchase transaction involved in the search, and the identity of any customer accessed through the search. Each search record shall be made available to other permitted users regardless of their jurisdiction. The database shall enable reporting pawnbrokers to transmit to the database through the internet reportable data for each pawn and purchase transaction.
H. 
Any pawnbroker licensed under Section 610.020 shall meet the following requirements:
1. 
Provide all reportable data to appropriate users by transmitting it through the internet to the database;
2. 
Transmit all reportable data for one business day to the database prior to the end of the following business day.
3. 
Make available for on-site inspection to any appropriate Law Enforcement Official, upon request, paper copies of any pawn or purchase transaction documents.
I. 
If a reporting pawnbroker or permitted user discovers any error in the reportable data, notice of such error shall be given to the database, which shall have a period of thirty (30) days in which to correct the error. Any reporting pawnbroker experiencing a computer malfunction preventing the transmission of reportable data or receipt of search requests shall be allowed a period of at least thirty (30) but no more than sixty (60) days to repair such malfunction, and during such period such pawnbroker shall not be deemed to be in violation of this Section if good faith efforts are made to correct the malfunction. During the periods specified in this Subsection, the reporting pawnbroker and permitted user shall arrange an alternative method or methods by which the reportable data shall be made available.
J. 
No reporting pawnbroker shall be obligated to incur any cost, other than internet service costs, in preparing, converting, or delivering its reportable data to the database.
K. 
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 appointed by the Secretary of State pursuant to Chapter 486, RSMo., to perform notarial acts in this State.