A. Required Holding Period:
1. When the Director of Public Safety or their designee or any other law enforcement agency notifies any pawnbroker or secondhand goods dealer not to sell any property received on deposit or purchase, or not to permit the same to be redeemed, the pawnbroker or secondhand goods dealer shall not sell nor permit such property to be redeemed until such property is released in writing by the Director of Public Safety or their designee.
a. If an item is identified as stolen or evidence in a criminal case, the Director of Public Safety, or their designee, may:
(1) Physically confiscate and remove the item from the licensed premises, pursuant to a written order from the Director of Public Safety or their designee; or
(2) Place the item on hold or extend the hold pursuant to this subsection and leave it on the licensed premises. When an item is confiscated, the person doing so shall provide identification upon request of the licensee and shall provide the licensee the name and phone number of the confiscating agency, the name of the investigator assigned to the case, and the case number related to the confiscation. The Director of Public Safety or their designee shall provide the licensee with a property receipt for the item confiscated.
b. When an order to hold and/or confiscate is no longer necessary, the Director of Public Safety or their designee will notify the licensee.
2. No personal property deposited with or purchased by any licensee under this Chapter shall be sold from the place of business of licensee until thirty (30) days after the copy of the records required by Section 3-4-6 of this Chapter have been made available to the Director of Public Safety, except upon written permission of the Director of Public Safety.
3. No personal property deposited with or purchased by any licensee under this Chapter shall be permitted to be redeemed from the place of business of the licensee until three (3) working days after the copy of the records required by Section 3-4-6 of this Chapter have been made available to the Director of Public Safety, except upon written permission of the Director of Public Safety.
B. Report of Stolen or Lost Goods: If any goods, articles or things shall be advertised in any public newspaper of the City as having been lost or stolen, and such goods, articles or things shall then be, or shall thereafter come into the possession of any licensee under the terms hereof, said licensee shall, upon actual notice thereof, immediately thereafter, as a supplement to said licensee’s required report pertaining to that day to the Director of Public Safety, give information in writing that certain goods, articles or things advertised are in said licensee’s possession, and shall not thereafter dispose of the same except upon written authority so to do from the Director of Public Safety.
C. Redemption Period: Any person who pawns an item shall have at least thirty (30) days to redeem the item before it may be sold.
D. Prohibited Transactions:
1. No pawnbroker or secondhand goods dealer shall purchase or receive on deposit or pledge anything of value as security for a loan of money from any person under age eighteen (18), an intoxicated person, or a person of unsound mind.
2. A pawnbroker or secondhand goods dealer may not receive goods unless the seller presents identification in the form of a driver’s license or other picture identification of the seller pursuant to the requirements of this Chapter.
3. Prohibited Goods: No licensee under this Section shall accept any item of property which contains an altered or obliterated serial number or operations identification number or any item of property whose serial number has been removed.
4. Requirements of Pledgers: No person may pawn, pledge, sell, consign, leave or deposit any article of property with a licensee unless the person is the owner of the property and the property is free from any security interests. No person seeking to pawn, pledge, sell, consign, leave or deposit any article of property with any licensee shall give false information to the licensee.
E. Storage of Firearms and Weapons: A licensee may not receive or accept firearms, including antique firearms, without a valid Federal firearms dealer license. A pawnbroker or secondhand goods dealer with a valid Federal firearms dealer license holding for sale a firearm or other dangerous weapon shall store the firearm or dangerous weapon in a locked and opaque compartment except when being viewed by a customer following a request to view the firearm or dangerous weapon. The licensee shall meet all local, State and Federal requirements prior to receiving or selling any firearm or dangerous weapon and make available to the Director of Public Safety all records and documents prior to engaging in such activity.
F. Method of Payment: When a pawnbroker or secondhand goods dealer accepts an item for purchase or as security for a loan, payment shall be made by check only, made payable to the actual intended seller or borrower.
G. Camera Surveillance: Licensee shall be required to videotape all transactions and maintain a data copy of the recording for ninety (90) days. The video recording shall include a clear view of the customer and shall display the date and time of the transaction. The videotape recordings shall be provided to the police division or other law enforcement agency upon request. It shall be the responsibility of the licensee to notify the customer of the videotaping and post in a conspicuous place that the tapes are made available to the police division.
H. Burglar Alarm: Licensee shall maintain an electronic burglar alarm system for the licensed premises, such system must be maintained in working order and properly licensed with the City Clerk.
I. Labels: Licensee must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies their transaction in the pawnshop records, the transaction date, the name or description of the item, the model and serial number as they were reported to the police division, if applicable, and the date the item is out of pawn care or can be sold, if applicable. The label must be of the type that can be attached to a variety of surfaces and remains easily removable but of such construction that it may not be easily removed in one (1) piece. Labels shall not be reused.