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A. At the time of each transaction, each licensee under this article shall enter into an accessible computer database, using LeadsOnline or other computerized reporting system designated by the Chief of Police for reporting transactions pursuant to this article, an accurate description in English of: 1) the goods, article or things pawned or pledged; 2) the amount of money loaned on such items; 3) the time such items were pawned or pledged; 4) the rate of interest to be paid on the loan; and 5) the name and address of the person pawning or pledging the goods, article or things pawned or pledged. If the licensee does not have internet access, the licensee shall seek permission and approval from the Chief of Police to use an alternative reporting system acceptable to the Chief of Police. No entry made in such database or other approved reporting system shall be erased, obliterated or defaced.
B. Every pawnbroker shall require two (2) forms of identification to be shown to him or her by each person pledging or pawning any goods, articles or other things to the pawnbroker. At least one of the two (2) forms of identification must list the person's name and residence address. Except as provided in subsection 8-4B-7C of this section, at least one of the two (2) forms of identification must be a photographic identification, issued by a federal, state or local governmental entity. Forms of identification may include, but are not limited to: a state driver's license, a state identification card, a passport, a military identification card or a credit card or utility bill.
C. If the customer does not have a photographic identification card issued by a federal, state or local governmental entity, the licensee shall photograph the customer. The photograph shall be in color. On the reverse side of the photograph, the licensee shall record the date the photograph was taken, the person taking the photograph, the customer's name, residence address, date of birth, social security number, gender, height and weight. If the customer has no social security number, the licensee shall record this fact. Two (2) forms of identification shall also be required. At least one of the two (2) forms of identification shall list the person's name and residence address.
D. Whenever any such licensee shall buy any article of secondhand property or sell any item of personal property, the information with regard to the secondhand property purchased by the licensee and the ultimate purchaser of such property from the licensee shall be recorded in the same manner as a pledge, and said record shall show all information required for a pawn or pledge. (Ord. 16-019, 2-16-2016)
No licensee shall remove, alter or obliterate any manufacturer's make, model or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased or received in pledge until such time that the licensee becomes the legal owner of the property. In addition, an item shall not be accepted for pledge or purchase where the manufacturer's make, model or serial number, personal identification number or identifying marks engraved or etched upon an item of personal property has been removed, altered or obliterated. (Ord. 16-019, 2-16-2016)
As of October 31, 1998, each pawnbroker shall be required to install, operate and maintain a video camera surveillance system capable of recording clear and unobstructed photographic representations of his or her customers and shall retain the video recordings produced therefrom for at least thirty (30) days. Said video recordings shall be subject to inspection and copying by the police during normal business hours. (Ord. 16-019, 2-16-2016)
A. It shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than the rate of three percent (3%) per month. Nothing in this section shall be construed so as to conflict with the law pertaining to usury, and the person receiving money so advanced may hold such monies to pay any fees in addition to interest as herein provided.
Each pawnbroker, when making a loan under this section, must disclose, in printed form on the pawn contract, the following information to the persons receiving the loan:
1. The amount of money advanced, which must be designated as the amount financed;
2. The maturity date of the pawn, which must be at least thirty (30) days after the date of the pawn;
3. The total pawn interest and the total service charge payable on the maturity date, and the total of both which must be designated as the finance charge;
4. The total of payments that must be paid to redeem the pledged goods on the maturity date, which must be designated as the total of payments; and
5. The annual percentage rate, computed according to the regulations adopted by the board of governors of the federal reserve system under the federal truth in lending act.
Each pawnbroker may contract for and receive a monthly finance charge, including interest and fees, not to exceed one-fifth (1/5) of the loan amount, as set forth herein, for appraising, investigating title, storing and insuring the collateral, closing the loan, making daily reports to local law enforcement officers, including enhanced computerized reporting, complying with regulatory requirements and for other expenses and losses of every nature whatsoever and for all other services. Such fees, when made and collected, shall not be deemed interest for any purpose of law.
B. No personal property received on deposit or pledge by any such licensed pawnbroker shall be sold or permitted to be redeemed or removed from the place of business of such licensed pawnbroker for the period of two (2) business days, excluding Saturdays, Sundays and holidays, after the copy and statement to be delivered to the Chief of Police shall have been delivered as required by this article.
C. If the pawner or pledger fails to repay the loan during the period specified on the pawn ticket, the pawnbroker shall automatically extend a grace period of thirty (30) days from the default date on the loan during which the pawnbroker shall not dispose of or sell the personal property pledged. The parties may agree to extend or renew a loan upon terms agreed upon by the parties, provided the terms comply with the requirements of this article.
D. No article of secondhand property purchased by any such licensed pawnbroker shall be sold or removed from the place of business of such licensed pawnbroker for the period of thirty (30) calendar days after the copy and statement to be delivered to the Chief of Police shall have been delivered as required by this article.
E. Every pawnbroker shall, at the time of each loan, deliver to the person pawning or pledging any goods, articles or things, a memorandum or note, signed by him or her, containing an identifying pledge number and the substance of the entry required to be made by section 8-4B-7 of this article, and no charge shall be made or received by any pawnbroker, loan broker or keeper of a loan office for any such entry, memorandum or note.
F. Every pawnbroker, during business hours, upon the request of any pledger presenting the memorandum herein provided for, or upon the request of any assignee or transferee thereof presenting such memorandum, shall exhibit to such person the article pledged and described in such memorandum. Each article pledged shall have attached thereto a tag with the pledge number, the time when said pledge was obtained and the amount of said pledge. (Ord. 16-019, 2-16-2016)
A. No such licensee shall take or receive in pawn or pledge for money loaned or shall buy any property from a minor, or shall so take, receive or buy any such property, the ownership of which is in, or which is claimed by any minor, or which may be in the possession or under the control of any minor.
B. No such licensee shall take any article in pawn or buy from any person appearing to be intoxicated or under the influence of any drug, nor from any person known to be a thief or to have been convicted of theft, burglary, robbery or possession of stolen property and when any person is found to be the owner of stolen property which has been pawned or bought, and the owner has filed a police report which evidences that ownership, such property shall be returned to the owner thereof without the payment of the amount advanced by the pawnbroker thereon or any costs or charges of any kind which the pawnbroker may have placed upon the same.
C. No pawnbroker shall receive as a pledge, purchase, or sell, or keep on the business premises for any reason any pistol, revolver, sawed off shotgun, derringer, bowie knife, blackjack, dirk or other weapon of like character which can be concealed on the person. (Ord. 16-019, 2-16-2016)
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