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(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
Every pawnbroker, upon receiving any payment of money from a borrower, shall give to such 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 such person a receipt stating the original purchase price, the stipulated resale price and the amount received.
(KRS 226.090) (1994 Jeff. Code, § 123.09) (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
SECONDHAND DEALERS
Every secondhand dealer engaged in, conducting or carrying on any business in Louisville Metro wherein he or she regularly purchases, in the course of his or her business, regulated property and/or restricted metals from another person shall comply with all the provisions of §§ 123.22 - 123.25; these sections shall not apply to pawnbrokers nor to secondary metals recyclers.
(1999 Lou. Code, § 111.330) (Lou. Ord. No. 79-1965, approved 4-14-1965; Lou. Am. Ord. No. 115-1978, approved 10-23-1978; Lou. Metro Am. Ord. No. 72-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 192-2007, approved 10-1-2007, effective 1-29-2008; Lou. Metro Am. Ord. No. 27-2012, approved 2-10-2012; Lou. Metro Am. Ord. No. 132-2012, approved 8-1-2012; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021) Penalty, see § 115.999
(A) Every secondhand dealer carrying on any business as set forth in § 123.21 shall keep a transaction record, in plain, legible printed English text, for each purchase of regulated property and/or restricted metals, with the following information downloaded by 11:00 a.m. the following day to be reported to an online internet-based transaction recording service accessible to law enforcement:
(1) Information on the regulated property and/or restricted metals purchased:
(a) The date when the property was received and bought;
(b) The purchase price;
(c) A digital photograph of the property; and
(d) A description of the property that is accurate as practicable in the usage of the trade, to include if applicable:
1. Make;
2. Model;
3. Serial number;
4. Color;
5. Size;
6. Manufacturer;
7. Vintage; and
8. Distinguishing marks or characteristics to include engraved numbers, words, or initials;
(2) Information on the seller of the regulated property and/or restricted metals purchased:
(a) A digital copy of the seller's state or federally issued photo identification;
(b) If not available from the aforementioned photo identification card, the following personal information from the seller must be supplemented:
1. Full Name;
2. Signature;
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) A digital thumbprint. The digital thumbprint should be made from the right hand unless the right hand is unavailable in which case the left hand thumb should be provided;
(3) Information on the purchaser of the regulated property and/or restricted metals, including the purchaser's name, and business, if applicable.
(B) Every person carrying on any business as set forth in § 123.21 in Louisville Metro shall by 11:00 a.m. each day furnish to the Louisville Metro Police Department a true and correct written report of all regulated property and/or restricted metals received by him or her by purchase, during the 24 hours preceding each report. The report shall describe the goods as accurately as practicable in the usage of the trade. The report shall include who actually made the purchase, the name of the person or persons, his or her address, city, state and zip code, his or her sex, race, hair color, eye color, and his or her date of birth. The report shall contain a copy of the government-issued photo identification. The report shall be transmitted electronically in a format designated by the Louisville Metro Police Department.
(C) It shall be the duty of the Louisville Metro Police Department during regular business hours to examine and inspect transaction records, and if sufficient information cannot be gained from an inspection of transaction records, it shall be the duty of any person to permit and allow the officer to examine any and all regulated property and/or restricted metals mentioned herein belonging to or purchased by such person. A transaction record and digital photograph for a purchase of all regulated property and/or restricted metals shall be maintained together on the premises for at least one year after the date of such purchase. The digital photo must accurately depict the regulated property and/or restricted metals purchased.
(D) Every secondhand dealer shall give a plain written or printed receipt of the regulated property or restricted metals purchased.
(1999 Lou. Code, § 111.331) (Lou. Ord. No. 79-1965, approved 4-14-1965; Lou. Metro Am. Ord. No. 72-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 192-2007, approved 10-1-2007, effective 1-29-2008; Lou. Metro Am. Ord. No. 27-2012, approved 2-10-2012; Lou. Metro Am. Ord. No. 132-2012, approved 8-1-2012; Lou. Metro Am. Ord. No. 198-2015, approved 11-24-2015, effective 1-23-2016; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021) Penalty, see § 115.999
No secondhand dealer shall at any time or under any circumstances purchase from a minor any regulated property and/or restricted metals.
(1999 Lou. Code, § 111.332) (Lou. Ord. No. 79-1965, approved 4-14-1965; Lou. Metro Am. Ord. No. 72-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 192-2007, approved 10-1-2007, effective 1-29-2008; Lou. Metro Am. Ord. No. 27-2012, approved 2-10-2012; Lou. Metro Am. Ord. No. 132-2012, approved 8-1-2012; Lou. Metro Am. Ord. No. 138-2019, approved 9-24- 2019; Lou. Metro Am. Ord. No. 69- 2021, approved 5-27-2021) Penalty, see § 115.999
(A) Any Law Enforcement Agency may examine during regular business hours the inventory or transaction records required under this chapter of any secondhand dealer or his or her clerk, if law enforcement deems 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 receipt from selling regulated property or restricted metals to a secondhand dealer shall allow a Law Enforcement Agency to examine items purporting to be sold by that receipt. No property shall be removed from the possession of any secondhand dealer without due process of law as required by the existing laws of the Commonwealth of Kentucky, or the laws and ordinances of the Louisville/Jefferson County Metro Government.
(B) If a Law Enforcement Agency has probable cause to believe that an item in the possession of a secondhand dealer who is carrying on any business as set forth in § 123.21 has been stolen and a Law Enforcement Agency provides notification to refrain from selling the item, the item shall not be sold, modified, altered, destroyed, or removed from the premises. The order to hold shall expire 90 days after receipt of a verbal notification through a phone call or by electronic email notification from any Law Enforcement Agency unless extended by agreement or modified by an order from the court.
(C) The Louisville Metro Police Department shall implement and maintain an on-line reporting database system to which any secondhand dealer is required to report the purchases of regulated property and restricted metals as set forth in § 123.22. Information reported will be recognized as confidential or proprietary information for the purpose of investigating and prosecuting theft and/or other violations of the law.
(Lou. Metro Ord. No. 192-2007, approved 10-1-2007, effective 1-29-2008; Lou. Metro Am. Ord. No. 27-2012, approved 2-10-2012; Lou. Metro Am. Ord. No. 132-2012, approved 8-1-2012; Lou. Metro Am. Ord. No. 138-2019, approved 9-24- 2019; Lou. Metro Am. Ord. No. 69- 2021, approved 5-27-2021) Penalty, see § 115.999
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