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(A) A license issued pursuant to this chapter may be suspended or revoked by the Director of the Department of Codes and Regulation subject to appeal pursuant to LMCO § 32.286. A license may be suspended or revoked for the following reasons:
(1) Fraud, misrepresentation or false statement contained in the application for a license.
(2) Fraud, misrepresentation or false statement made in connection with the business of acting as a pawnbroker or secondhand dealer.
(3) The applicant is a fugitive or has been convicted of a crime in the nature of business or commercial fraud, extortion, or receiving stolen property within the last three years.
(4) Any facts of conditions which would justify the denial of the original application.
(5) Conducting the business of a pawnbroker, secondhand dealer, or secondary metals recycler under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(B) This section shall be self-executing and the suspension or revocation shall be effective immediately. The Director of the Department of Codes and Regulation shall give notice of the suspension or revocation of the license and sufficient notice shall be given if either hand-delivered or mailed to the licensee at his/her local address as listed on the licensee's application.
(C) It is unlawful for any person whose license has been suspended or revoked to continue in the business of a pawnbroker, secondhand dealer, or secondary metals recycler, or to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the Director of the Department of Codes and Regulations or his/her designee.
(Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021)
PAWNBROKERS
Every person to whom a Metro Government license is granted to carry on the business of a pawnbroker shall annually enter into bond to Metro Government, with good and sufficient surety, to be approved by the Metro Council, in the penal sum of $1,000. The bond shall be conditioned that he or she will observe the provisions of KRS 226.030 to KRS 226.050 and the ordinances and laws in force in the Metro Government not inconsistent with KRS 226.030 to 226.050.
(KRS 226.020) (1994 Jeff. Code, § 123.02) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019) Penalty, see § 123.99
No pawnbroker shall receive, by way of pledge or pawn, any article whatever from a minor at any time, nor from any person between 8:00 p.m. and 7:00 a.m.
(KRS 226.030) (1994 Jeff. Code, § 123.03) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019) Penalty, see § 123.99
(A) Every pawnbroker shall keep a register of all loans and purchases of all articles by the pawnbroker from the general public. The register shall:
(1) Be reported to an online, Internet-based transaction recording service designated by the Louisville Metro Police Department and accessible to law enforcement agencies by 11:00 a.m. the following day;
(2) Show the dates and the amounts of all loans or purchases by the pawnbroker from the general public, and the names and:
(a) A driver’s license number;
(b) Another state or federally issued picture identification card number; or
(c) If the identification specified in subparagraphs (1) or (2) of this paragraph is not available, a Social Security number may be accepted of all persons who have left any property that has been pawned or sold.
(3) At all times be available to the inspection of any law enforcement officer of this state when in the discharge of his or her official duty; and
(4) Contain a full description of all property purchased by the pawnbroker from the general public or received on deposit as collateral or security. Pawnbrokers shall digitally photograph all property pawned, sold, traded, or cosigned regardless of the lack of a law enforcement investigation. In the photographs, each item must be separate and distinguishable from any other item. For purposes of this paragraph, “full description” includes but is not limited to:
(a) Make;
(b) Model;
(c) Serial Number;
(d) Color;
(e) Size;
(f) Manufacturer;
(g) Vintage; and
(h) Distinguishing marks or characteristics.
(B) When secondhand merchandise is sold to a pawnbroker, the merchandise shall be held for the minimum of 12 days before being resold.
(C) Prior to the release of property to a representative of law enforcement, the law enforcement representative shall provide to the pawnbroker a case report or other documentation that the item has been reported as stolen.
(KRS 226.040) (1994 Jeff. Code, § 123.04) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019) Penalty, see § 123.99
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 § 123.09 to be kept in his or her register. He or she shall not make any charge for the ticket or receipt. The loan ticket shall contain a legible fingerprint of each person pawning or selling any goods or articles. The fingerprint shall be taken from the right index finger or, if the right index finger is missing, from the left index finger.
(KRS 226.050(1)) (1994 Jeff. Code, § 123.05) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Metro Am. Ord. No. 154-2014, approved 10-1-2014; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021) Penalty, see § 123.99
(A) Pawnbrokers are required to hold all goods received through purchase, consignment, or trade for a period of twelve calendar days after receipt. The goods must be kept in their original form, uncommingled, along with a copy of the transaction record, as set forth in § 123.09, on the premises of the business location during the holding period for purposes of inspection, if necessary, as provided by this chapter.
(B) If the Louisville Metro Police Department has probable cause to believe that an item at a pawnshop has been stolen and the Louisville Metro Police Department notifies the pawnbroker to refrain from selling the item, the item shall not be sold or removed from the premises. The order to hold shall expire 90 days after receipt of the written notification from the Louisville Metro Police Department unless extended by agreement or modified by an order from the court.
(C) Pawnbrokers shall take a digital photograph of goods received through purchase, consignment or trade. Photographs must be maintained for at least one year from the date of the transaction along with the transaction record, as set forth in § 123.09. Digital photographs must accurately depict the goods received through purchase, consignment or trade. Upon request from the Louisville Metro Police Department, the pawnbroker shall provide an accurate digital photograph of the pawned good to the Louisville Metro Police Department.
(D) A pawnbroker may sell any article pawned after the expiration of 60 days from the maturity of the loan, provided that, not less than ten days before making the sale, the pawnbroker shall have given notice to the person by whom the article was pawned, by mail addressed to the post office address of such 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 the notice, the article will be sold. (KRS 226.050(2))
(1994 Jeff. Code, § 123.06) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 230-2013, approved 12-16-13; Metro Am. Ord. No. 154-2014, approved 10-1-2014; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021) Penalty, see § 123.99
(A) The Chief of Louisville Metro Police and persons acting by his or her orders may examine the inventory or transaction records required under this chapter of any pawnbroker or his or her staff, if they deem it necessary when in search of stolen property or to verify compliance with this chapter. Any person who has in his or her possession a pawnbroker’s ticket issued by a pawnbroker in Louisville Metro shall, when accompanied by an officer or by an order from the Chief of Louisville Metro Police, be permitted to examine property purporting to be pawned by that ticket. No property shall be removed from the possession of any pawnbroker without the process of law required by the existing laws of the state, or the laws and ordinances of Metro Government regulating pawnbrokers. (KRS 226.060)
(B) The Louisville Metro Police Department shall implement and maintain an on-line reporting database system to which pawnbrokers are required to report all goods received through purchase, pawn, consignment or trade as set forth in § 123.13. Information reported by pawnbrokers will be recognized as confidential or proprietary information for the purpose of investigating and prosecuting theft and/or other violations of the law.
(1994 Jeff. Code, § 123.07) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. Ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 230-2013, approved 12-16-13; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021) Penalty, see § 123.99
(A) Every pawnbroker in Louisville Metro shall by 11:00 a.m. each day make available to the Louisville Metro Police Department a true and correct 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 report shall be transmitted electronically in an on-line database system designated by the Louisville Metro Police Department.
(B) The report shall include the following:
(1) Date of the purchase, pawn, consignment or trade;
(2) Full name of the person or persons who sold, pawned, consigned or traded goods;
(3) Physical and mailing address (to include city, state and zip code;
(4) Telephone number;
(5) Date of birth;
(6) Gender;
(7) Race;
(8) Hair color; and
(9) Eye color.
(C) The transmitted report shall include an electronic copy of a valid driver’s license which contains the name, digital photograph, digital thumbprint, and digital signature of the seller, including the information obtained from scanning the bar code on the back of the valid driver’s license and a digital photograph of the seller taken at the time of the transaction. In the digital photograph of the seller, the seller’s face shall be free of all glasses, prescription or sunglasses, and free of all hats, scarves or other headwear that covers the hairline. An exception exists if the attire is worn in observance of the seller’s religious practice, such as a turban or headscarf, however, the seller’s face must still be visible from the hairline to the chin and from the front of one ear to the front of the other ear. The pawnbroker must obtain the driver’s license information, digital fingerprint, and digital photograph of the seller for each new transaction regardless of the individual already having an existing file with the pawnbroker. If a valid driver’s license is unavailable, the pawnbroker shall obtain a clear and readable copy of a U.S. government-issued identification card, a digital signature, and a digital right thumbprint, however, if unavailable, then a digital left thumbprint of the person or persons.
(1994 Jeff. Code, § 123.08) (Jeff. Ord. 3-1972, adopted and effective 8-22-1972; Lou. Metro Am. ord. No. 76-2007, approved 5-15-2007; Lou. Metro Am. Ord. No. 230-2013, approved 12-16-13; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019) Penalty, see § 123.99
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