§ 111.36 REDEMPTION PERIOD.

   (A)   Any person pledging, pawning, or depositing an item for security must have a minimum of 60 days from the date of that transaction to redeem the item before it may be forfeited and sold. During the holding period, items may not be removed from the licensed location except as provided in § 111.43. Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or, to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the police license inspector. Written authorization for release of property to persons other than original pledger must be maintained along with original transaction record in accordance with § 111.33(I).

   (B)   Pawnbroker must return goods, or provide compensation for lost or damaged goods, upon payment of the full amount due, unless:

      (1)   The 60-day redemption period has expired; or

      (2)   The goods have been taken into custody by a court or by a law enforcement officer or agency.

(Prior Code, § 3-15-12) (Ord. 542, passed 1-9-2012)

§ 111.37 HOLDING PERIOD.

   Any item purchased or accepted in trade by a licensee, but not involved in a pawn transaction, must not be sold or otherwise transferred for 31 days from the date of the transaction. An individual may redeem an item at any time during the holding period.

(Prior Code, § 3-15-13) (Ord. 542, passed 1-9-2012)

§ 111.38 POLICE ORDER TO HOLD PROPERTY.

   Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. This initial or investigative hold shall be confirmed in writing within 72 hours and remains in effect for 15 days from the date of initial notification. Local law enforcement may, in writing, extend an investigative hold or independently order an item held for up to 90 days, or order the confiscation of an item identified as stolen or evidence in a criminal case.

(Prior Code, § 3-15-14) (Ord. 542, passed 1-9-2012)

§ 111.39 INSPECTION OF ITEMS.

   At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises, in accordance with § 10.20, where the licensed business is located, including all off-site storage facilities as authorized in § 111.43, during normal business hours, except in an emergency for the purpose of inspecting the premises and inspecting the items, wares and merchandise and records therein to verify compliance with this subchapter and other applicable laws.

(Prior Code, § 3-15-15)

§ 111.40 LABEL REQUIRED.

   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 the transaction in the shop’s records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to local law enforcement, whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used.

(Prior Code, § 3-15-16)

§ 111.41 PROHIBITED ACTS.

   (A)   No person under the age of 18 years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of 18 years.

   (B)   No licensee may receive any goods from a person of unsound mind or an intoxicated person.

   (C)   No licensee may receive any goods, unless the seller presents identification in the form of a valid driver’s license, a valid state identification card, or current valid photo driver’s license or identification card issued by the state of residency of the person from whom the item was received.

   (D)   No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed.

   (E)   No person may pawn, pledge, sell, consign, leave, or deposit any article of property not their own; nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of property in which another person has a security interest; with any licensee.

   (F)   No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of property with any licensee shall give a false or fictitious name, nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false or altered identification, or the identification of another, to any licensee.

(Prior Code, § 3-15-17) Penalty, see § 111.99

§ 111.42 DENIAL, SUSPENSION, OR REVOCATION.

   Any license under this subchapter may be denied, suspended, or revoked for one or more of the following reasons:

   (A)   The proposed use does not comply with any applicable zoning code;

   (B)   The proposed use does not comply with any health, building, building maintenance, or other provisions of this code of ordinances or state law;

   (C)   The applicant or licensee has failed to comply with one or more provisions of this subchapter;

   (D)   The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information;

   (E)   Fraud, misrepresentation, or bribery in securing or renewing a license;

   (F)   Fraud, misrepresentation, or false statements made in the application and investigation for, or in the course of, the applicant’s business;

   (G)   Violation within the preceding five years of any law relating to theft, damage, or trespass to property, sale of a controlled substance, or operation of a business; or

   (H)   The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this subchapter.

(Prior Code, § 3-15-18)

§ 111.43 BUSINESS AT ONLY ONE PLACE.

   A license under this subchapter authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the police inspector may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with § 111.39. All provisions of this subchapter regarding record keeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the city code. The licensee must either own the building in which the business is conducted, and any approved off-site storage facility, or have a lease on the business premises that extends for more than six months.

(Prior Code, § 3-15-19)