The intent of this Code is to regulate pawnshops and their business
practices in order to protect and promote public safety and welfare.
Every pawnshop establishment shall conform to the requirements
of this Code and in accordance with Chapter 367 RSMo.
In any case where a provision of this Code is found to be in
conflict with a provision of any other ordinance the provision which
establishes the higher standard shall prevail. If any part of this
Chapter should be declared invalid for any reason, such decision shall
not affect the remaining portions of this Code.
For the purpose of this Chapter, the following definitions shall
apply:
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 the 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 conducts
business.
PERSON
Any individual, partnership, corporation, joint venture,
trust, association or any other legal entity however organized.
PLEDGED GOODS
Tangible personal property which is deposited or otherwise
actually delivered into possession of a pawnbroker in the course of
their 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 remains an obligation.
VALUE
The fair market 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 Code,
shall not be determined by the cost of the article as paid by the
dealer.
It shall be unlawful for any person, organization or corporation within the City limits to act as agent for or cause the solicitation, advertising or promotion, or participate directly or indirectly in or for the operation of a pawnshop without first obtaining an occupational license issued by the City as provided for in Chapter
605 of the Raymore City Code. No such license shall be issued unless the pawnshop, or any person, organization or corporation engaged in the activity of such establishment fully complies with the provisions of this Code, regardless of the location of such establishment or place where such activity is conducted. The occupational license shall be applied for at least fourteen (14) days prior to the start of business.
A register of all property received, deposited, or purchased
shall at all times be open to the inspection of Law Enforcement Officers
upon request.
Every pawnbroker shall give to each person who pledges property
to secure a loan, or who leaves property with the pawnbroker for any
reason, a plainly written receipt or ticket having upon it a full
copy of all the entries required by this Chapter to be kept in the
pawnbroker's register, and no charge should be made for such receipt.
No pawnbroker shall take, buy or receive any personal property
from any person under the age of seventeen (17) years without the
written consent of such individual's parents or guardians. Said written
consent shall be kept on file with the books and records.
The maximum rate of interest which may be charged for making
and carrying any secured personal credit loan shall not exceed the
maximum annual rate allowed by Chapter 408.500 RSMo. per month on
the amount of such loan.
It shall be the duty and responsibility of the Raymore Police
Department to enforce this Code. When, on the basis of a complaint,
personal observation and/or other information an authorized Law Enforcement
Officer reasonably suspects that a violation has occurred, it is the
applicant's responsibility to cooperate with the Law Enforcement Officer(s).
Any person, partnership, association, or corporation convicted of violating any of the provisions of this Code may be deemed guilty of a municipal ordinance violation. Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section
100.220 of the City Code. The severability of the penalty may include a warning up to the revoking of the license to do business and/or criminal prosecution depending on the seriousness of the offense.
If any pawnbroker, or their agents, or employees, shall violate
any of the provisions of this Code or Chapter 367 RSMo., and is convicted
in any court of the City or State, they may have their pawnbroker's
license suspended or revoked by the City Council after a hearing.
Ten (10) days' written notice of the hearing stating the grounds thereof
shall be delivered to said pawnbroker at their place of business or
by leaving or posting said notice at the address. The pawnbroker shall
have the right at the hearing to be represented by an attorney, to
cross examine witnesses, to present evidence, and to testify on their
own behalf. The hearing shall be held in public at a regular or special
meeting of the City Council. If suspension or revocation of the license
occurs, no license fee shall be refunded.