CHAPTER 12
PAWNBROKERS AND SECONDHAND DEALERS
PAWNBROKERS AND SECONDHAND DEALERS
"Pawnbroker" means any person or persons who lend money on deposit or pledge of personal property; or deal in the purchase or possession of personal property on condition of selling the same back again to the vendor or pledgor at a stipulated price; or who purchase or take any personal property, with an agreement or understanding to resell at any time for a stipulated price or any price to the vendor; or who take such personal property on condition that it may be redeemed; or who lend or advance money on personal property, and take or receive such personal property in their possession.
(1979 Code § 5.38.010; amd. 1999 Code)
A. Required: It is unlawful for any person to carry on the business of pawnbroker without first having obtained the license required by this article and having paid the license fee therefor as prescribed in chapter 1, article B of this title. Any person engaging in or carrying on the business of a pawnbroker without first having obtained the license required in this article shall be guilty of a separate offense for each and every day that such business shall be carried on without such license.
B. Bond: Prior to the issuance of any license for the business of a pawnbroker, the applicant therefor shall file with the business license coordinator a bond with at least two (2) sufficient sureties in the penal sum of one thousand dollars ($1,000.00), in such form as shall be approved by the city attorney, conditioned for the faithful observance of all laws and ordinances respecting pawnbrokers. The form of the bond and the sufficiency of sureties, which shall be at least two (2) in number, shall be approved by the city attorney.
(1979 Code §§ 5.38.020, 5.38.030; amd. Ord. 97-94, 12-16-1997; 1999 Code)
All applications for a license to carry on the business of a pawnbroker shall be submitted to the business license coordinator and shall be accompanied by a petition signed by at least ten (10) owners of real property in the city certifying to the good character of the applicant. The mayor or the mayor's designee has the authority to grant or deny the license. In the event of a denial, the applicant may appeal the denial to the district court.
(1979 Code § 5.38.040; amd. 1999 Code)
A. Licensee Liable For Employee Acts: The holder of a pawnbroker's license is liable for any and all acts of his employees and for any violation by them of any of the provisions of this article.
B. Hours Of Business: It is unlawful for any pawnbroker to receive any goods by way of pawn or pledge before the hour of seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M.
C. Ordinances Posted: It is unlawful for any person to conduct or transact a pawnbroking business unless he shall keep posted in a conspicuous place in his place of business a copy of all ordinances relating to pawnbrokers.
D. Recordkeeping; Inspection: Every pawnbroker shall keep a book in which shall be written in ink, in the English language, at the time of each loan or receipt of personal property, an accurate account and description of the goods, articles or things pawned or received, which shall include the number and make of all articles, where such articles have a number or are manufactured by any particular manufacturer; the amount loaned or advanced thereon; the time, both day and hour, of pawning or receiving such goods, article or thing; and the true name and residence of the person pawning or delivering the goods, article or thing; and no entry made in said book shall be erased, obliterated or defaced, and the said book, as well as every article or thing pawned, pledged or deposited, shall be open to the inspection of any peace officer or other "authorized officer" as defined in section 5-1A-1 of this title at all reasonable times.
E. Receipts; Inspection: It is unlawful for any pawnbroker to receive or accept any article of personal property as a pawn or pledge, or upon which money is lent or advanced, without issuing and delivering to the person or persons delivering such article a receipt for the same, which shall bear the date, both day and hour, when such goods are received and a description of the article so pawned or deposited with the pawnbroker, as set out in subsection D of this section, and the pawnbroker shall keep on file in his office a duplicate of said receipt, which shall be open to the inspection of any peace officer or other authorized officer at all reasonable times. Said receipts shall be numbered and a record kept thereof.
F. Pledged Articles: When a pledge is redeemed, the pawnbroker shall place and keep on file the returned pawn ticket or receipt for such pledge, which ticket or receipt shall at all times be open to the inspection of any peace officer or other authorized officer. In the event of the loss of the pawn ticket or receipt by the pledgor of any pledge, the pawnbroker, before allowing a redemption of the pledge, shall require the pledgor to summon a peace officer in whose presence the pledge shall be redeemed and restored to the pledgor.
G. Forfeited Articles: It is unlawful, in all cases in which articles pledged have been forfeited, for a sale or other disposition thereof to be made by the pledgee within the period of three (3) months after such forfeiture.
(Ord. 2011-51, 10-25-2011)
Loading...