(A) License required. Secondhand dealers and pawnbrokers as defined in this chapter, doing business in the city shall have a license unless otherwise exempted herein.
(B) Record keeping.
(1) Any secondhand dealer or pawnbroker, or an itinerant secondhand dealer or itinerant pawnbroker conducting a business in the city, shall keep a daily ledger written in the English language, in indelible form, of any articles received on deposit, pledged, or purchased, including a description thereof; day and hour of purchase; name and address of person from whom received on deposit, pledged, or purchased; the amount loaned or price paid; and, if applicable, the number of the pawn ticket. Such record shall be open for inspection by any law enforcement officer at all reasonable times. No entry in such records may be changed, erased, obliterated, or defaced.
(2) Pawn tickets issued shall be numbered consecutively, and if stubs are used in connection with such pawn tickets, each stub shall be numbered consecutively to conform to the ticket.
(3) If any article so on deposit, pledge, or purchase has engraved thereon any number, word, or initials, or contains any setting of any kind, the description of such records shall contain such number, word, or initial, and shall show the kind of settings and number of each kind.
(4) No secondhand dealer shall be required to record such description of any property purchased from manufacturers or wholesale dealers having an established place of business, or secured from any person doing business and having an established place of business in the city, but such goods shall be accompanied by a bill of sale or other evidence of legitimate purchase and must be shown to any law enforcement officer upon request.
(5) The record concerning articles or material shall be kept for at least one year after the date of receipt of such articles or materials.
(6) When any licensee discontinues business, such records or duly authenticated copies thereof shall be delivered to law enforcement or shall be disposed of as it directs.
(C) Record forms.
(1) In addition to any other records required to be kept by this chapter, all secondhand dealers and pawnbrokers shall, at the time of taking, receiving, or purchasing any article for the licensed business, place the description of the following articles or things pledged, pawned, received, or purchased, upon a pawn ticket:
(a) Jewelry, gems, or precious metals with a retail market value of over an amount that shall be determined by the City Council;
(b) Television, video, and stereo equipment;
(c) Cameras and camera equipment;
(d) Firearms, operable, or not operable;
(e) Furniture with a retail market value of over an amount that shall be determined by the City Council; and
(f) Power tools.
(2) The pawn ticket form shall be approved by and shall include such information as the chief law enforcement officer may direct. Every person regulated by the provisions of this chapter shall deliver to the law enforcement office every Monday all such pawn tickets describing articles or things pledged, pawned, bought, taken, or received during the preceding week; such pawn tickets must be fully completed.
(D) Property sales.
(1) No property listed above shall be sold from secondhand dealer or pawnbroker’s place of business for seven days after purchase.
(2) Whenever any law enforcement officer serves notice in writing to any secondhand dealer or pawnbroker not to sell any property received on deposit, or purchased, or permit same to be redeemed, the property shall not be sold, redeemed, or otherwise disposed of until such time as may be determined by law enforcement, not exceeding 15 days from the day of notice aforesaid. Any property purchased by the dealer which is determined to be stolen property, may be seized by law enforcement and may be returned to the rightful owner without any recovery of purchase price to the dealer from the owner or the city.
(E) Articles to be tagged. Any secondhand dealer or pawnbroker receiving in pledge, by purchase or otherwise, any article or goods shall affix to the article or goods a tag upon which shall be written a number, in legible characters, which number shall correspond to the number in the book required to be kept as heretofore provided or provide an alternative form of identifying articles to correspond to the book record approved by law enforcement.
(F) Dealings with minors and persons under the influence of intoxicants prohibited. No secondhand dealer or pawnbroker shall buy or receive on deposit or for pledge any article or thing whatsoever from or sell any article or thing to any person under the influence of intoxicants or to any person under the age of 18 years.
(G) Inspection of articles and records. Any person licensed to do business as a secondhand dealer or pawnbroker, and any person employed by such dealer, shall permit a representative of the law enforcement office entry to his or her business premises for the limited purpose of inspecting any articles received on deposit, pledged, or purchased in the business as regulated by this chapter and/or the records incident thereto, to ensure compliance with the provisions of this chapter. Such inspections may be made at any reasonable time.
(Ord. 726, passed 12-14-2015) Penalty, see § 110.99