CHAPTER 116: PAWNBROKERS
Section
   116.01   Definitions
   116.02   Bond
   116.03   Register to be kept; daily reports
   116.04   Receipt to be given for each article; sale of article
   116.05   Maximum interest, resale price
   116.06   Receipt to be given for payment of loan
   116.07   Prohibited activities
   116.08   Enforcement
 
   116.99   Penalty
§ 116.01 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PAWNBROKER. Any person who loans money on deposit of personal property; deals in the purchase of personal property on condition of selling the property back again at a stipulated price; makes a public display at his place of business of the sign generally used by pawnbrokers to denote their business; or who publicly exhibits a sign advertising money to loan on personal property or deposit.
(KRS 226.010)
§ 116.02 BOND.
   Every person to whom a city license is granted to carry on the business of a pawnbroker shall annually enter into bond to the city, with good and sufficient surety to be approved by the City Commission, in the penal sum of $1000. This bond shall be conditioned that he will observe the provisions of this chapter and all ordinances and laws in force in the city not inconsistent with this chapter.
(KRS 226.020)
§ 116.03 REGISTER TO BE KEPT; DAILY REPORTS.
   (A)   Every pawnbroker shall keep a register of all loans and purchases of all articles effected or made by him. The register shall show the dates of all loans or purchases, and the names of all persons who have left any property on deposit as collateral security or as a delivery or sale. Opposite the names and dates shall be written in plain hand a full description of all property purchased or received on deposit as collateral security, the time when the loan falls due, the amount of purchase money, the amount loaned, and the interest charged. The register shall at all times be open to the inspection of any police officer of the city when in the discharge of his official duty. (KRS 226.040)
   (B)   Every pawnbroker shall, by 11:00 a.m. each day, make available to the Chief of Police a true and correct written report of all goods received by him or her, whether by pawn or purchase, during the 24 hours preceding each report. The report shall describe the goods as accurately as practicable. The reports shall be submitted electronically to l.e.a.d.s.online, Inc. via high speed internet. The Chief of Police shall furnish blanks for these reports. (KRS 226.070) (Am. Ord. 158-2005, passed 10-20-05)
Penalty, see § 116.99
§ 116.04 RECEIPT TO BE GIVEN FOR EACH ARTICLE; SALE OF ARTICLE.
   (A)   Every pawnbroker shall give a plain written or printed ticket for the loan to the person negotiating or selling, and a plain written or printed receipt of the articles that have been purchased or upon which money is loaned, having on each a copy of the entries required by § 116.03(A) to be kept in his register. He shall not make any charge for the ticket or receipt.
   (B)   A pawnbroker may sell any article pawned after the expiration of 60 days from the maturity of the loan. However, not less than ten days before making the sale, the pawnbroker shall give notice to the person by whom the article was pawned by mail addressed to the post office address of that person as shown on the pawnbroker's register, notifying such person that, unless he or she redeems the article within ten days from the date of mailing of the notice, the article will be sold.
(KRS 226.050) (Am. Ord. 115-2008, passed 11-20-08) Penalty, see § 116.99
§ 116.05 MAXIMUM INTEREST, RESALE PRICE.
   Any pawnbroker as defined in § 116.01, may, in loaning money on deposit of personal property, charge, contract for, or receive interest at a rate not exceeding 2% per month on the unpaid principal balance of the loan, and may charge, contract for, and receive a reasonable fee, not to exceed one-fifth of the value of the loan per month, for investigating the title, storing and insuring the property, closing the loan, making daily reports to local law enforcement officers if required by § 116.03, and for other expenses, losses, and incidental costs associated with servicing such loans. Further, this fee, when made and collected, shall not be deemed as interest for any purpose of law. No pawnbroker shall directly or indirectly charge, receive, or contract for any interest or consideration greater than that allowed by this section.
(KRS 226.080) Penalty, see § 116.99
§ 116.06 RECEIPT TO BE GIVEN FOR PAYMENT OF LOAN.
   Every pawnbroker, upon receiving any payment of money from a borrower, shall give to that person a plain and complete receipt for such payment, specifying separately the amount applied to principal and the amount applied to interest. In a case where the pawnbroker has purchased personal property under an agreement to sell it back at a stipulated price, the pawnbroker shall, on receiving any payment of money from the person from whom the property was purchased, give that person a receipt stating the original purchase price, the stipulated resale price, and the amount received.
(KRS 226.090) Penalty, see § 116.99
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