A. Dealers shall provide to the Chief all required information listed for each regulated property transaction (not including sales). The Chief may designate the format of transfer of this information and may direct that it be communicated to the City of Canby Police Department by means of mail, the internet or other computer media.
1. In the event the Chief directs that the transaction information be transmitted via computer media, the Chief will specify the system that will be utilized in order to ensure conformity among all dealers.
2. If, after establishing the format and requirements for the transmission of computerized reports of transactions, the Chief alters the required format; dealers will be given at least 60 days to comply with the new format requirements. If unable to implement the reporting system before the deadline, a dealer must, prior to the deadline submit a written request to the Chief for additional time.
3. Pawnbrokers are required to report only new transactions. Loan renewals and redemptions by the original client do not need to be reported as long as the property involved in the transaction has not left the store for any period of time. If someone other than the original pawner attempts to redeem the pawned item(s), a photocopy of the redeemer's license or other valid ID is required.
B. In the event of legitimate technical difficulties, pre-approved paper forms can be provided to dealers with transaction report forms at cost. Any technical difficulties shall be remedied by dealer as soon as practicable. The chief may specify the format (size, shape and color) of the transaction report form. The Chief may require that the transaction report form include any information relating to the regulations of this chapter. Dealers may utilize their own forms, in lieu of those supplied by the Police Department, if the Chief has approved such forms. The declaration of proof of ownership is considered to be included in references in this chapter to the transaction reports, as appropriate. Declaration of proof of ownership will be retained by the business and made available to law enforcement.
C. When receiving regulated property, the dealer must do all of the following:
1. The dealer must obtain acceptable photo identification from the seller or pledger and verify that the person in the photograph is the individual participating in the transaction,
2. The dealer must record the seller's current residential address, telephone number and thumbprint on the transaction report.
3. The dealer must write on the transaction report a complete, legible and accurate description of the regulated property of sufficient detail to distinguish like objects one from the other. If an item is new, the dealer must include the word "new" in the property description.
a. The dealer must complete the transaction report in its entirety, and the individual completing the report must initial it.
b. Transaction reports must be completed in legible printed English.
4. The dealer must require the seller to legibly complete the declaration of proof of ownership except that no such declaration of proof of ownership is required for pawn loans made in compliance with state law by licensed pawnbrokers.
a. In completing the declaration of proof of ownership the seller must, at the time of the transaction, certify in writing that the seller has the legal right to sell the property that is the subject of the transaction and is competent to do so, and that the property is not rented or leased.
b. The dealer or dealer's employee must place the identifiable print of the seller's right thumb (left if right is unavailable) in the thumbprint box on the declaration of proof of ownership. Thumbprints and the information on the declaration of proof of ownership may be produced using a digital format with prior approval of the process from the Chief.
c. When no declaration of proof of ownership is required for pawn loan transactions, the dealer or dealer's employee shall verbally verify that the seller has the legal right to sell the property that is the subject of the transaction and is competent to do so, and that the property is not rented or leased, and enter that information in the transaction report by noting in the item description the length of time the seller has owned the item.
5. A dealer may provide a description of any motor vehicle (including license number) identified as used in the delivery of regulated property and record the description and license number next to the seller's thumbprint.
6. Transaction reports are designed to assist in the investigation of the theft of property. Therefore, additional reporting for dealers includes unregulated property that is identifiable with markings indicating apparent ownership.
7. Dealers must take either a photograph or still video of each person selling or loaning on an item of regulated property or make a copy of the acceptable identification presented by the seller. All information on the copy must be legible and may be made by photostatic copying, computerized scanning or any other photographic, electronic, digital or other process that preserves and retains an image of the document, and which can be subsequently produced or reproduced for viewing of the image. If a photograph is taken, a print of the photograph must be referenced to the transaction report number. A video photograph (still) must be referenced by time and date and transaction report number to correspond to the regulated property accepted. Copied identification must be kept with the transaction report or shall be referenced to the transaction report number. The photograph or videotape or copied identification must be kept by the dealer for 1 year and must be provided to the Chief of Police upon request.
D. Dealers must mail or deliver to the Chief of Police at the close of each business day the original of all transaction reports describing articles received during that business day.
E. Dealers must retain at their business location a copy of all completed and voided transaction reports for a period of not less than 1 year from the date of acquisition. Any unused transaction reports must be available for inspection by the Chief of Police.
(Ord. 1386, passed 11-6-2013)