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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)
A. Receiving Goods From Designated Persons: It is unlawful for any pawnbroker to receive any goods, articles or things in pawn or pledge from a person who is intoxicated or known to be a habitual drunkard, a thief or a mentally deficient person, or from a person under the age of eighteen (18), except as permitted in subsection C of this section.
B. Employment Of Persons Under Sixteen: It is unlawful for any pawnbroker to employ any clerk or person under the age of sixteen (16) years to receive any pledge or make any loan.
C. Receiving Goods From Minors: No person licensed as set forth in this article shall take or receive any bond or pledge for money loaned, any property, bonds, notes or securities, articles or other valuable things, or purchase any such property from any minor, or the ownership of which is in or is claimed by any minor, or which may be in the possession of, or under the control of, any minor, without the written consent or authority of the parent or guardian of said minor.
(1979 Code §§ 5.38.130, 5.38.140, 5.38.150; amd. Ord. 88-39, 9-22-1988; 1999 Code)
JUNK DEALER: Any person engaged in buying old metals, glass, rags, paper or other junk for the purpose of reselling in substantially the same form is declared to be a "junk dealer".
SECONDHAND DEALER: Any person who keeps a store, office or place of business for the purchase or sale of secondhand clothing or garments of any kind, or secondhand goods, wares, musical instruments, curiosities, or other merchandise, except books, stamps and coins, or who engages in the business of dealing in secondhand goods, is declared to be a "secondhand dealer". Persons whose principal business is the sale of new musical instruments, new appliances or new furniture and who acquire such secondhand items only as trade ins incidental to their principal business are not secondhand dealers.
(1979 Code § 5.52.010)
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