As used in this chapter, the following terms
shall have the meanings indicated:
PAWNBROKER
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than choses
in action, securities or printed evidences of indebtedness; or purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as a furniture storage warehouseperson and
lending money on goods, wares or merchandise pledged or deposited
as collateral security.
[Amended 11-3-2011 by Ord. No. 11-46]
No person shall engage or continue in business
as a pawnbroker in the City except as authorized by this chapter,
and without first obtaining a license from the City Clerk. No person
other than a licensee under this chapter shall display any sign or
other device in or about the premises of the business, or in any advertising
matter or other printed matter which in anywise resembles the emblem
or sign commonly used by pawnbrokers, nor shall there be any sign
displayed which is calculated to deceive, nor shall the word "pawnbroker"
be used in or about the premises of the business or in any advertising
matter or other printed matter, nor shall any such person hold himself/herself
out to the public to be a pawnbroker, either through advertising,
soliciting, signs or otherwise. A separate license shall be required
for each location, place or premises used to conduct such business.
Such license shall not be transferable to any other location without
the approval of the City Clerk.
Application for such license shall be in writing
and shall state the full name and place of residence of the applicant,
or, if the applicant be a partnership, of each member thereof, or,
if the applicant be a corporation or association, of each officer
and stockholder thereof, together with the place or places where the
business is to be conducted.
Upon application to the City Clerk, such official
shall issue to the applicant upon payment of the license fee a license
to do business in this City. The license shall be renewed annually.
The City Clerk shall charge a fee of $500 for a license. The license
shall run from the date of issuance to the end of the calendar year.
The Clerk shall issue no more than three pawnbroker
licenses per year; provided, however, that this limit shall not bar
the issuance of a license to a pawnbroker who is actually doing business
in the City on or before September 2, 1999. In the event that there
are more than three licenses issued, no additional licenses shall
be issued. It is the intent of this section to reduce the number of
licenses issued to three by attrition.
No pawnbroker license shall be issued for or
transferred to premises within 2,500 feet of any other premises for
which a pawnbroker license has been issued. Such 2,500 feet shall
be measured from the nearest entrance of the premises sought to be
licensed to the nearest entrance of an existing premises, in a normal
way that a pedestrian would properly walk.
All license fees received by the City Clerk
under the chapter shall be deposited in a general account for the
use of the City.
The City Clerk, upon five days' notice to the
licensee and after hearing, may revoke any license issued under the
provisions of this chapter for any violation of the provisions hereof.
The license so issued shall be kept conspicuously
posted in the licensee's place of business. Whenever the licensee
shall change his/her place of business written notice thereof shall
be given to the City Clerk, who shall indicate his/her approval of
the change of location, in writing, on the license.
[Amended 7-7-2005 by Ord. No. 05-69]
The Police Director is authorized to issue rules
and regulations concerning the maintenance of records by licensees
for the purpose of the prevention of trafficking in stolen property
and other crimes and offenses. Violation of any such rules and regulations
shall be grounds for revocation of the license. The rules and regulations
that shall apply are:
A. Pawnshops will provide the police with a computerized
download of all pawn and purchase transactions, along with a hard
copy of the transaction which will include the subject's signature.
B. All precious metals and gems purchased will be held
for no less than 15 days.
C. Pawnshops are required to obtain at least one form
of valid identification.
D. Pawnshops will incorporate into their computer database
a method of obtaining a picture of the seller or person pawning the
property. This picture is entered into their database and provided
to the police upon request.
[Amended 7-7-2005 by Ord. No. 05-69]
In addition to any penalties prescribed for violations of any provision of this chapter, including but not limited to license suspension or revocation, all violations are subject to the penalties set forth in Chapter
1, Article
III, General Penalty.