As used in this chapter:
(1) 
Pawnbroker. Every person engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits or conditional sales of personal property and who takes or receives by way of pledge or pawn, goods, wares, or merchandise or any kind of personal property thereon, or to loan money or deposit or personal property, shall be deemed to be a “pawnbroker.”
(2) 
Second Hand Dealer. Every person engaged in whole or in part in the business of buying, selling, trading or bartering or selling on consignment second hand personal property including precious metals in any form, including gold, silver, copper, or brass shall be deemed to be a “second hand dealer”
(Ord. 312 § 1, 1988)
The following businesses shall be excluded from the coverage of this chapter:
(1) 
Any business engaged solely in the sales of new furniture or major appliance who may take used furniture or major appliances on trade for new items.
(2) 
Any business engaged solely in the sales or service of motor vehicles.
(3) 
Any nonprofit organization engaged solely in the sales of donated items of merchandise.
(4) 
Any bank, credit union, or savings and loan or any other state or federally chartered lending institution.
(Ord. 312 § 2, 1988)
It shall be the duty of every pawnbroker and second hand dealer doing business in the town of Concrete to at all times keep and maintain in his place of business a book or other permanent record in which shall be legibly written in the English language, at the time of each loan, purchase of used or second hand goods, a record thereof containing:
(1) 
The date of transaction;
(2) 
The name of the person or employee conducting said transaction on behalf of the pawnbroker or second hand dealer;
(3) 
The name, date of birth, street and house number, city, state, telephone number and identification number of the person with whom the transaction is conducted. Said identification number shall be obtained from a valid Washington State driver's license or identification card, or similar license or card from another jurisdiction. No other form of identification other than those listed hereinabove may be used, and the person or employee conducting the transaction shall have the duty of examining said identification and obtaining said identification number for each such transaction;
(4) 
The name, age, street, and house number of the owner of the property bought or received in pledge, pawn, trade, barter, or consignment;
(5) 
Description of the property bought or received in pledge, in trade or consignment. Said description shall include any model number, serial number, brand name, letters or marks inscribed thereon, as well as any distinctive characteristics of the property; provided, that when the article bought or received is furniture, or the contents of any house or room, actually inspected on the premises, a general record of the transaction shall be sufficient;
(6) 
The price paid or the amount loaned;
(7) 
The number of any pawn ticket issued therefor;
(8) 
The signature of the person with whom the transaction is conducted.
(Ord. 312 § 3, 1988; Ord. 687, 2011)
Upon request, it shall be the duty of every pawnbroker and second hand dealer to furnish a full, true and correct transcript of the record of all transactions conducted on the preceding day. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the Skagit County sheriff s office within a specified time not less than 24 hours. This information may be transmitted to the applicable law enforcement agency electronically, by facsimile transmission, or by email subject to the requirements of, and approval by, the Skagit County sheriff s office.
(Ord. 312 § 4, 1988; Ord. 687, 2011)
Any pawnbroker or second hand dealer having good cause to believe that any property in his possession has been previously lost or stolen shall immediately report such fact to the Skagit County sheriff, together with the name of the owner, if known, and the date when and the name of the person from whom the property was received.
(Ord. 312 § 5, 1988; Ord. 687, 2011)
All records, and all goods received, shall at all times during the ordinary hours of business be open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions, and shall be maintained wherever that business is conducted for three years following the date of the transaction.
(Ord. 312 § 6, 1988; Ord. 504 § 1, 2003; Ord. 687, 2011)
Any commissioned law enforcement officer of the state may enter any business licensed as a pawn shop or second hand store in the town of Concrete, or any premises in any way connected physically or otherwise with the pawn shop or second hand store, including vehicles used in connection therewith, at any time during normal business hours. Such commissioned law enforcement officer is authorized to make such inspection and take such action as may be required to enforce the provisions of any business licensed under this chapter.
(Ord. 312 § 7, 1988; Ord. 504 § 2, 2003; Ord. 687, 2011)
No property bought or received in pawn or pledge by any pawnbroker or second hand dealer shall be removed from his place of business, except when redeemed by the owner thereof, for a period of 30 days after the receipt of the property per RCW 19.60.050.
(Ord. 312 § 8, 1988; Ord. 687, 2011)
Every pawnbroker or second hand dealer and every clerk, agent or employee of such pawnbroker or second hand dealer who shall:
(1) 
Remove, alter, or obliterate any manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned, or received in pledge. In addition an item shall not be accepted for pledge or a second hand purchase where the manufacturer’s make, model, serial number or personal identification number, or identifying marks engraved or etched upon an item of personal property, have been removed, altered or obliterated;
(2) 
Make any false entry herein;
(3) 
Fail to make an entry of any material matter in his book of record kept as required by CMC § 5.08.030;
(4) 
Falsely obliterate, destroy or remove from his place of business such book of record;
(5) 
Refuse to allow inspections as required in CMC § 5.08.060;
(6) 
Fail to make available the record of transactions as regulated in CMC § 5.08.040;
(7) 
Fail to report to the sheriff any property received that he believes or has reason to believe to be lost or stolen as required in CMC § 5.08.050;
(8) 
Remove any property from his place of business within 30 days except as provided in CMC § 5.08.080;
(9) 
Receive any property from any person under the age of 18 years, any common drunkard, any habitual user of narcotic drugs, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, whether such person be acting on his own behalf or the agent of another.
Any person in violation of the foregoing prohibited acts shall be guilty of a misdemeanor punishable by $500.00 fine or 90 days’ imprisonment or both.
(Ord. 312 § 10, 1988; Ord. 687, 2011)
The license fee for pawnbrokers and second hand dealers will be set by the town council by annual resolution.[1]
(Ord. 312 § 11, 1988; Ord. 504 § 3, 2003; Ord. 515 § 3, 2003)
[1]
Code reviser’s note: The resolution setting this fee is available for review at Town Hall.
No person shall be issued a pawnbroker or second hand dealer’s license unless he possesses the following qualifications:
(1) 
Is at least 21 years of age;
(2) 
Is a resident of the state of Washington for at least six months prior to filing an application;
(3) 
Has acquired a state license and complied with all of the requirements therein.
(Ord. 312 § 12, 1988; Ord. 687, 2011)
When an application for a pawnbroker’s or second hand dealer’s license, duly signed, and accompanied by required information, has been received by the clerk-treasurer, he/she shall investigate the statements contained therein and may obtain such other information concerning the applicant’s character, integrity, personal habits, past conduct and general qualifications as will show the applicant’s purpose and suitability to maintain a pawn shop or second hand shop within town limits. All applications shall become null and void after 60 days from the date of filing if the application for any reason is denied or is not obtained by the applicant. The licenses required under this chapter are separate from and in addition to the general business license issued under Chapter 5.04 BMC, which may also be required when applicable.
(Ord. 312 § 13, 1988; Ord. 687, 2011; Ord. 811, 2020)