(1) 
Any person, within the limits of the City, who loans money on deposit on personal property, or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or who loans or advances money or personal property by taking chattel mortgage security thereon and takes or receives such personal property in his possession, is hereby declared to be a pawnbroker.
(2) 
Except for businesses licensed and regulated by the state of Utah, any person, firm, or corporation who engages in the business of purchasing and reselling secondhand, tangible personal property is hereby declared to be a secondhand dealer.
(Added in codification 1979; 1979 Code 7-4-1)
No person, firm or corporation shall conduct or operate the business of a pawnbroker or secondhand dealer within the limits of the City without having first obtained a license as provided in this Chapter, or operate such business in violation of any of the provisions contained herein. The license of any pawnbroker or secondhand dealer may be revoked by the City Council for any violation of any provision of this Chapter. All licenses granted under this Chapter shall be displayed in a conspicuous place in the place of business for which the license is granted.
(Statutory Authority UCA 10-8-39; 1968 Code 5-5-1; amended in codification 1979; 1979 Code 7-4-2; amended by Ordinance No. 6-01)
Application for a pawnbroker's or secondhand dealer's license shall be made to the City Recorder and shall state thereon the name of the applicant and the name of the manager if the applicant is a firm, corporation, limited company or other business entity, the place of business, and the number of employees intended to be engaged, and the applicant shall provide a copy of a background check performed by the Bureau of Criminal Identification. No license shall be issued to a person who has been convicted of the offense of receiving stolen goods or of burglary or robbery.
(1968 Code 5-5-2; amended in codification 1979; 1979 Code 7-4-3, amended by Ordinance 1-01)
The annual fee for a pawnbroker's license shall be in an amount set by Resolution of the City Council. Said fee shall be in addition to any other business license fee.
(1968 Code 5-5-3; amended in codification 1979; 1979 Code 7-4-4; amended by Ord. No. 2-82, 6-90, 4-06, and 13-06)
It shall be unlawful for any pawnbroker or secondhand dealer to fail to keep a book in which shall be clearly written, in ink in the English language at the time of each loan or receipt of personal property by the pawnbroker or secondhand dealer, an accurate account and description, including, but not limited to, the brand name, model name or number, and serial number, of the goods, article or things pawned or received, the amount of money loaned, advanced or paid thereon, the time, both day and hour, of pawning or receiving such goods, article or thing, and the name, residence address, date of birth, full physical description and name and number of the form of identification furnished, of the person pawning or delivering the said good, article or thing. Before receiving the goods, article or thing pawned or received, the pawnbroker or secondhand dealer shall require the person pawning or delivering the goods to provide evidence of his or her identity by showing a form of identification containing a photograph. No entry made in said book shall be erased, obliterated or defaced.
(Amended by Ordinance No. 6-01)
All records, as well as every article or thing purchased, pawned, pledged or deposited, shall at all reasonable times be open to the inspection of any peace officer. It shall be the duty of every pawnbroker or secondhand dealer to deliver to the Chief of Police within seven days of the transaction a copy of the record kept. All business regulated by this Chapter will provide transaction information in an electronic format approved by the Springville Police Department. Information shall not be initially required in an electronic format until 120 days after a written notification to the pawnshop or secondhand dealer that electronic records will be required.
(Statutory Authority UCA 11-6-1; 1968 Code 5-5-4; amended in codification 1979; 1979 Code 7-4-5; amended by Ordinance No. 13-80 and 6-01)
No pawnbroker or secondhand dealer shall have any business dealings as a pawnbroker or secondhand dealer with any person under the age of eighteen (18) years, except with the written consent of the parent or guardian of the minor to each particular transaction. No pawnbroker's or secondhand dealer's license shall be issued to any person who is under the age of 18 years, and no pawnbroker shall employ a person under the age of 18 years to assist him in his business.
(1968 Code 5-5-6; amended in codification 1979; 1979 Code 7-4-7)
No pawnbroker or secondhand dealer shall have any business dealings as a pawnbroker or secondhand dealer with any person who is intoxicated.
(Adopted by Ordinance No. 6-01)
It shall be the duty of every pawnbroker or secondhand dealer to report to the Chief of Police any article pledged with or sold to him, or which is sought to be pledged with or sold to him, if he shall have reason to believe that the article was lost or stolen.
(1968 Code 5-5-7; amended in codification 1979; 1979 Code 7-4-8 and by Ordinance No. 6-01)
(1) 
If it reasonably appears that a merchant is in possession of stolen goods, the pawnbroker or secondhand dealer shall surrender the same forthwith to the Springville Police Department for return to the owner thereof, except that the goods shall remain with the Police Department for as long as is necessary if they are evidence in relation to the commission of a crime. The pawnbroker or secondhand dealer shall be entitled to a receipt for the surrendered goods.
(2) 
If the pawnbroker or secondhand dealer has good reason to believe that the subject goods are not stolen, or that the person claiming them is not the owner thereof, the pawnbroker shall be entitled to a hearing on the issue of ownership in a special hearing before the Justice Court. Such request shall be made in writing to the Justice Court with a copy to the Police Department within ten (10) days of surrendering the goods. Failure of the pawnbroker or secondhand dealer to request such a hearing shall result in the waiver of the right to have a hearing.
(3) 
The failure of the pawnbroker or secondhand dealer to comply with the provisions of this Section may be the basis for the revocation of the license of the pawnbroker or secondhand dealer.
(4) 
Compliance or non-compliance with this Section shall not affect any civil or criminal action related to the subject goods.
(5) 
This Section shall not affect the right of law enforcement agencies to take possession of goods which are evidence in relation to the commission of a crime.
(Statutory Authority UCA 11-6-4; 1968 Code 5-5-9; 1979 Code 7-4-10) and amended by Ordinance No. 6-01)
It shall be unlawful for any pawnbroker or secondhand dealer to receive any goods by way of pawn, pledge, or purchase, before 7:00 a.m. or after 9:00 p.m., or on Sunday.
(Adopted by Ordinance No. 6-01)
The holder of a pawnbroker's or secondhand dealer's license is liable for any and all acts of his employees and for any violation by them of any of the provisions of this Chapter.
(1968 Code 5-5-10; amended in codification 1979; 1979 Code 7-4-11)
Any person violating any of the provisions of this Chapter shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be liable to punishment by a fine in an amount not to exceed $1,000.00, or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.
(Statutory Authority UCA 11-6-3; 1968 Code 5-5-11; changes in phraseology made in codification 1979; (1979 Code 7-4-12; amended by Ordinance No. 6-01)