(A) Record keeping. All licensees shall utilize the Automated Pawn System (APS) for the creation, maintenance and storage of transactional records regarding licensed activities. At the time of a receipt of an item of property, whether purchased or pawned, the pawnbroker shall immediately record, on computer disc or if the computer is temporarily unavailable in a book or journal which has page numbers that are preprinted and in an indelible ink, the following information:
(1) Description of item. An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, model number, brand, brand name or other identifying mark on the item;
(2) Date and time. The date and time the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee’s records. Transaction identifiers must be assigned consecutively;
(3) Description of person. The name, address, residence phone number, date of birth, and accurate description including: sex, height, weight, race, color of eyes and color of hair of the person from whom the item of property was received;
(4) Identification number. The identification number and state or nation of issue from any of the following forms of identification of the person from whom the item of property was received:
(a) A valid driver’s license; and
(b) A valid state or national picture identification.
(5) Price. The price of the item paid and whether the item was purchased or pawned;
(6) Fees. A list of all fees and charges that the transaction may be subject to;
(7) Statement. A signed statement from the person from whom the item of property is received that there are no liens on the item, that it is not stolen and that the person has the right to sell it;
(8) Photograph or video recording. The licensee must take a color photograph or color video recording of each customer involved in a billable transaction. The licensee must also take a color photograph or color video recording of every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed.
(a) Photo provisions. The photograph taken must be at least two inches in length by two inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. The photographs must be available to the Chief of Police, or the Chief’s designee, upon request. The major portion of the photograph must include an identifiable front facial close up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that they are being photographed by displaying a sign of sufficient size in a conspicuous place on the premises.
(b) Video provisions. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close up of that person’s face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee shall display a sign of sufficient size in a conspicuous place on the premises informing patrons that all transactions are video-recorded. The licensee must keep the exposed videotape for four months, and furnish it to the Police Department upon request.
(c) Digitized photographs. Digital images shall be provided in a format specified by the issuing authority, electronically cross referenced to the reportable transaction with which they are associated.
(9) Renewals, extensions and redemptions. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, the type of transaction, interest charges accrued and any amount paid for the transaction or the article. When an article of purchased or forfeited property is sold or disposed of by a licensee the records shall contain an account of the sale with the date, the amount for which the article was sold, and the full name, current address and telephone number of the person to whom sold.
(B) Inspection of records. The pawnbroker shall make available the information required in division (A) above at all reasonable times for inspection by the Police Department or other representatives of the licensing authority.
(C) Retention of records. The pawnbroker shall retain the information required in this section for at least five years.
(D) Daily reports to police are required. The pawnbroker shall submit daily to the Police Department all information required by this section regarding every reportable transaction by transferring it from their computer to the Automated Pawn System. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority using procedures that address security concerns of the licensees and the issuing authority. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to the Police Department daily.
(E) Data transfer failures.
(1) If a licensee is unable to successfully transfer the required reports by electronic means, the licensee must provide the Police Department printed copies of all reportable transactions along with the videotape(s) for that date, by 12:00 noon the next business day;
(2) If the problem is determined to be in the licensee’s system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports and shall be charged per fee schedule a reporting failure penalty, daily, until the error is corrected;
(3) If the problem is determined to be outside the licensee’s system, the licensee must provide the required reports and resubmit all such transaction electronically when the error is corrected;
(4) If a licensee is unable to capture, digitize or transmit digital photographs required by this chapter, the licensee must immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to the Police Department upon request;
(5) Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed; and
(6) The Police Department may, at their discretion, upon presentation of extenuating circumstances by the licensee, delay the implementation of the daily reporting penalty imposed by this section.
(F) Police order to hold property. Whenever the Police Department notifies the pawnbroker not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the Police Department.
(G) Holding period of pawnbrokers.
(1) Any item pawned to a pawnbroker for which a report to the police is required under this chapter shall not be sold or otherwise transferred for 90 days after the date of the pawn. However, an individual may redeem an item pawned 72 hours after the item was received on deposit by the pawnbroker, excluding Sundays and legal holidays.
(2) Any item sold outright to a pawnbroker for which a report to the police is required under this chapter shall not be sold or otherwise transferred for 30 days after the date of the initial purchase.
(H) Receipt. The pawnbroker shall provide a receipt to the seller or pledger of any item of property received, which shall include:
(1) The name, address and phone number of the pawnbroker or precious metal dealer business;
(2) The date on which the pawnbroker or precious metal dealer received the item;
(3) A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold;
(4) The signature of the pawnbroker or precious metal dealer or agent;
(5) The last regular business day by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned item on that date;
(6) The annual rate of interest charged on pawned items received; and
(7) The name, address and signature of the seller or pledger.
(I) Hours of operation. No pawnbroker shall be open for the transaction of business on any day of the week before 8:00 a.m. or after 8:00 p.m.
(J) Minors. The pawnbroker shall not purchase or receive personal property of any nature on deposit or pledge from any minor.
(K) Inspection of items. The pawnbroker shall at all times during the term of the license allow the Police Department to enter the premises where the pawnbroker business is located, for the purpose of inspecting the premises and inspecting the items, wares and merchandise therein for the purpose of locating items suspected or alleged to have been stolen or otherwise improperly disposed of.
(L) License display. A license issued under this chapter must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application. Any additional required county and state licenses shall be similarly posted.
(M) Maintenance of order. A licensee under this chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order.
(N) Prohibited goods. No licensee under this chapter shall accept any item of property which contains an altered or obliterated serial number or “operation identification” number or any item of property whose serial number has been removed.
(O) Payment by check.
(1) Payment of more than $250 by a licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument that is drawn against funds held by a financial institution.
(2) This policy shall be posted in a conspicuous place in the premises.
(P) Storage. All items shall be stored within the licensed premises.
(Q) Prohibited items. Licensee shall not accept for pawn or purchase or offer for sale firearms or handguns.
(R) Signage.
(1) Licensees shall by adequate signage and separate written notice inform persons seeking to pawn, pledge, sell, leave or deposit articles of property with the licensee of the foregoing requirements:
TO PAWN OR SELL PROPERTY: • YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE • YOU MUST BE THE TRUE OWNER OF THE PROPERTY • THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS • YOU MUST PRESENT VALID PHOTO IDENTIFICATION • VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME. |
(2) For the purpose of this division (R), ADEQUATE SIGNAGE shall mean at least one sign of not less than four square feet in surface area, comprised of lettering of not less than three-quarters of an inch in height, posted in a conspicuous place on the licensed premises.
(S) Disposition of articles. When any article is sold or disposed of by the licensee, the records shall contain an account of the sale with the date thereof, interest and charges accrued, the amount for which the article was sold and, in the case of items sold for more than $100, the name, address and telephone number of the purchaser.
(T) Managers. In the event the licensee places a manager or managers in charge of the operation (subject to the requirements of § 115.004 of this chapter), the manager or managers shall work on average a minimum of 80 hours per month during a six-month time period.
(Prior Code, § 516.11) (Ord. 951, passed 09-24-2018) Penalty, see § 10.999