CHAPTER 5
PAWNSHOPS AND SECONDHAND DEALERS
PAWNSHOPS AND SECONDHAND DEALERS
SECTION:
2-5-1: Definitions
2-5-2: License Required; Application And Procedure
2-5-3: Qualifications For License
2-5-4: Display And Inspection Of License
2-5-5: Records
2-5-6: Prohibited Dealings
2-5-7: Sales
2-5-8: Restrictions On Sales; Notice From Police Department
2-5-9: Forfeitures
2-5-10: Reports To Chief Of Police
2-5-11: Closing Hours
2-5-12: Stolen Property; Return To True Owner
2-5-13: Managerial Responsibility
2-5-14: Determination Of Liability
2-5-15: Appeal Of City Clerk-Treasurer's Decision
2-5-16: Revocation Of License
2-5-17: Violations; Penalty
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
FURNITURE: Goods, vessels, utensils and other appendages necessary or convenient for use in the interior of a house, apartment, office or building. Furniture does not include appliances or equipment (e.g., stoves, fans, refrigerators, dishwashers, freezers, washers, dryers and like appliances and equipment).
PAWNBROKER: Every person, firm, association or corporation engaged in conducting, managing or carrying on the business of loaning or advancing money, check or draft for money, for himself or for another, upon deposit or purchase of personal property, personal security, pawns, pledges, bailment or other valuable thing, or who deals in purchasing articles of personal property or other valuable thing on condition of reselling or agreeing to resell such articles to the vendors or their assigns at a stipulated price, or who loans money secured by chattel mortgage or personal property, having possession of the property, or any portion or part thereof mortgaged or who advertises by use of pawnbroker's sign, or by advertising "unredeemed pledges", or by any other expression designating pawnbroker's business, shall, for all intents and purposes under this chapter, be declared to be a pawnbroker within the meaning of this chapter.
PAWNSHOP: Any room, store or place in which any such business of “pawnbroker” as defined in this section is engaged in, carried on or conducted.
SECONDHAND DEALER: Any person, firm, association or corporation who buys, accepts as trade, or otherwise deals in secondhand tools, goods, wares, merchandise or other articles and things usually found in a secondhand store; provided, that dealers in new furniture who do not pay in cash for furniture that has been used, but allow their patrons an exchange value when making a sale of new furniture shall not be included in the foregoing definition as a secondhand dealer. Rummage sales, garage sales and yard sales conducted on a temporary basis (not more than 10 days) shall be excluded from the provisions of this chapter. Any person, firm, association or corporation which accepts or receives, as donation only, and does not pay in cash for any property, clothing, furniture, or any other valuable thing, shall also be excluded from the provisions of this chapter. The term "secondhand dealer" includes antique shops and collection shops. (1974 Code § 2-1401)
A. License Required: It shall be unlawful for any person to engage, conduct, keep, manage or operate any pawnshop or secondhand store without having first obtained a license therefor as provided for in this chapter and which is in full force and effect.
B. Application; Form: An application for such license shall be made, in writing, to the city clerk-treasurer/license officer, in such form and manner as may be prescribed. An applicant who was not licensed by this chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency to be designated by the city clerk-treasurer/license officer. Cost of taking and processing such fingerprints shall be borne by the applicant.
C. Copartnership, Corporation Or Association: When application for a license is made by or on behalf of a copartnership, corporation or association, such application shall be made by the manager, officer, agent or other person who will have the direct charge and management of such pawnshop or secondhand store.
D. Investigation: Upon receipt of an application for a license, the city clerk-treasurer/license officer shall cause an investigation to be made of the applicant, consistent with section 2-5-3 of this chapter.
E. Issuance; Transferability; Issuance Refused; Provisional License: Upon completion of such investigation, if the city clerk-treasurer/license officer so finds that the license applicant complies with the required qualifications set forth in section 2-5-3 of this chapter, the city clerk-treasurer/license officer shall issue a license. Licenses shall not be transferable either as to person or place. The city clerk-treasurer/license officer may refuse to issue a license for any premises which is not suitably located for enforcement purposes, having due regard to the type and character of business and traffic in the locale of the proposed business and city zoning laws. A provisional license may be issued pending completion of the required investigation.
F. Annual Fee; Term: The city clerk-treasurer/license officer shall collect before the issuance of any renewal thereof an annual fee, for a calendar year, of one hundred dollars ($100.00). Provided however, that if a license is granted pursuant to an application filed after June 30 of any year, the license fee for the balance of such year shall be fifty dollars ($50.00). Each license shall remain in full force and effect until relinquished, suspended, revoked or expired. Each license shall expire on the last day of December of the year it is issued, unless the license fee for the next year is paid on or before the present license expires. Every licensee, on or before each January 1, shall pay the city clerk-treasurer/license officer one hundred dollars ($100.00) for each license held by him as the annual fee for the succeeding calendar year:
G. Age Restriction: No license shall be issued to any person who is not eighteen (18) years of age or older.
H. Refund Of License Fee: If any license applicant is denied a license for any reason, the required license fee shall be refunded to the applicant. No license fee shall be refunded as result of any suspension, revocation or for any license which is voluntarily surrendered by the holder of such license.
I. Compliance With Planning And Zoning Regulations And Fire Codes: No license shall be issued to any person for any proposed location that does not comply with the planning and zoning regulations and fire codes established by the city, county of Twin Falls and the state of Idaho.
J. Criminal History Information; Fingerprints: To determine the suitability of prospective applicants for pawnshop, pawnbroker and secondhand dealer licenses, the police department shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho state police and the federal bureau of investigation. Pursuant to Idaho Code section 67-3008, and congressional enactment Pub.L. 92-544, the police department shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho state police, bureau of criminal identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho state police. The police department is authorized to receive criminal history information from the Idaho state police and from the federal bureau of investigation for the purpose of evaluating the fitness of applicants for pawnshops, pawnbrokers and secondhand dealers licenses. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. (1974 Code § 2-1402)
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