[Ord. No. 766-06, 5-1-2006]
A pawnbroker is any person engaged in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Those entities exempt from regulation under the Alabama Pawnshop Act, § 5-19A-1 et seq., Code of Alabama, are also exempt from the regulations under this article. Unless otherwise herein defined, the terms in this article have the same meaning as provided in the Alabama Pawnshop Act.
[Ord. No. 766-06, 5-1-2006; Ord. No. 2040-26, 6-2-2026]
Every person engaged in the business of a pawnbroker is required to register with LeadsOnline and provide the following information:
(1) 
Name of the business, if other than an individual.
(2) 
Name of the individual responsible for the operation of the business.
(3) 
Location and hours of operation of the business.
(4) 
Residence address of person responsible for operation.
(5) 
Permanent location for entity operating the business.
(6) 
Name of each employee intended to be engaged in the business.
[Ord. No. 766-06, 5-1-2006]
Each person registering as a pawnbroker must comply with the licensing requirements of the Alabama Pawnshop Act and obtain a business license from the City.
[Ord. No. 766-06, 5-1-2006]
No person shall carry on or conduct the business of a pawnbroker in the City unless he or she gives bond payable to the City and approved by the City, conditioned that he or she will in every particular conform to the provisions of this article and any other regulation which may be passed concerning pawnbrokers. Every person injured by him or her in any dealing or transaction with him or her as a pawnbroker shall have a right of action on such bond until the penalty is exhausted.
[Ord. No. 766-06, 5-1-2006]
Every pawnbroker shall keep at his or her place of business a record in which he or she shall enter in writing a clear and accurate description of all property received on deposit, pledge or purchase, particularly mentioning any prominent or descriptive marks, model number and serial number, the time when received and the name and place of residence of the person from whom received. This record shall be kept in a clean and legible manner, and no entry therein shall be falsified, erased, obliterated, defaced or removed.
[Ord. No. 766-06, 5-1-2006]
It shall be unlawful for any pawnbroker to open his or her place of business between the hours of 8:00 p.m. and 8:00 a.m. on any day except on Saturdays and during the month of December, during which time the mandatory closing time of 8:00 p.m. shall be extended to 12:00 midnight. Provided, however, the business shall be closed on Sunday.
[Ord. No. 766-06, 5-1-2006]
Every pawnbroker shall, during the ordinary hours of business, when requested by the Mayor, Chief of Police or any police officer of the City, submit and exhibit to his or her inspection the book required by § 7-205 to be kept and shall exhibit any property that may have been left with or received by him or her.
[Ord. No. 766-06, 5-1-2006]
Every pawnbroker within the City shall report to the Chief of Police a description of every article or thing received by him or her in pawn, pledge, trade, purchase or consignment on the business day immediately preceding the filing of such report in a manner and time as set out herein. Reports shall be made every day (except Sunday) before the hour of 12:00 noon. Business done on Saturday shall be reported before 12:00 noon the following Monday.
(1) 
Computerized reporting of pawnshop information.
a. 
The Police Chief shall establish the format and requirements for the transmission of data and may restrict the scope of the items that are to be electronically reported. A transaction reported by electronic transmission under this subsection shall not be reported on paper forms unless the Police Chief so requests. Each pawnbroker shall pay a fee of $0.50 per transaction required to be electronically reported if the electronic report transmitted to the Chief of Police is erroneous, duplicative or in an incorrect or incompatible format, or if no electronic report of the transaction is transmitted.
b. 
Pawnbrokers shall report their transactions electronically to the Police Chief as required by Subsection (1)a and b herein from and after the following dates:
1. 
For each pawnshop for which a pawnbroker license is first obtained on or after the effective date of the ordinance from which this section derives, effective upon commencing business.
2. 
For each pawnshop for which a pawnbroker license was first obtained before the effective date of the ordinance from which this section derives, that maintains a computerized record-keeping system for its own record of transactions, no later than one month after the adoption of the ordinance from which this section derives.
3. 
For each other pawnshop for which a pawnbroker license was first obtained before the effective date of the ordinance from which this section derives, not later than 30 days.
c. 
The Chief of Police may for good cause shown grant a pawnbroker an extension of the deadline to a date not later than 10 days. An extension may only be granted upon written application by the pawnbroker and upon a showing that the pawnbroker is making satisfactory progress toward acquiring computer programs and equipment to make the necessary transmission.
(2) 
Amendments to reports and formats. If, after establishing the format and requirements for the transmission of computerized reports of transactions, the Police Chief alters the required format, pawnbrokers shall be given at least 30 days to comply with the new format requirements.
[Ord. No. 766-06, 5-1-2006]
Every person, firm or corporation, agent or employee thereof who violates the provisions of this article shall be punished as provided in § 1-8 of the Code of Ordinances, with a minimum fine of $100.
[Ord. No. 766-06, 5-1-2006]
(a) 
After notice and hearing, the City Council may suspend or revoke a license upon a finding that:
(1) 
The pawnbroker, either knowingly or without the exercise of due care, has violated this article.
(2) 
A fact or condition exists which, if it had existed or had been known at the time of the original application for a license, would have justified the refusal to issue a license.
(3) 
The licensee has aided, abetted or conspired which an individual or person to circumvent or violate the requirements of this article.
(4) 
The licensee or a legal or beneficial owner of the license has been convicted of a crime that the Police Chief finds directly relates to the duties and responsibilities of the occupation of a pawnbroker.
(5) 
The licensee has not accurately reported the information required under § 5-19A-1 et seq., Code of Alabama.
(b) 
The City Council may conditionally license or place on probation a person whose license has been suspended or may reprimand a licensee for a violation of this article.
(c) 
The City Council may reinstate a suspended license or issue a new license to a person whose license has been revoked if no fact or condition then exists which would have justified the refusal to originally issue a license.