CHAPTER 114: PAWNBROKERS
Section
   114.01   Definition
   114.02   License
   114.03   Records
   114.04   Destroying, disposing of or dismantling articles
   114.05   Change or mutilation of jewelry
   114.06   Purchases from minors
   114.07   Concealing articles to prevent identification
   114.08   Sales during redemption period
   114.09   Holding articles of clothing
   114.10   Search for stolen property
   114.11   Examination of premises by officers
   114.12   Disposing of stolen goods or goods for which there is adverse claim
 
   114.99   Penalty
§ 114.01 DEFINITION.
   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   PAWNBROKER. A person who makes loans or advancements upon pawn, pledge or deposit of personal property or who receives actual possession of personal property as security for loans, with or without a mortgage or a bill of sale thereon.
(1999 Code, § 125.01) (Ord. 2020-01, passed 2-9-2021)
§ 114.02 LICENSE.
   (A)   Every person, firm, or corporation wishing to be a pawnbroker, must apply for a license at the office of the City Clerk. The license application shall state the name and place of residence of the person, firm, or the business address of the corporation having an ownership interest in the business to be transacted, the place where the business is to be transacted, and the date the license is requested; the names, addresses and phone numbers of all individuals having an ownership interest in said business, including all persons having an ownership interest in any firm or corporation operating said business.
   (B)   The fee for the issuance of a license to engage in business as a pawnbroker shall be in the amount as set by resolution of the Council, which fee shall be tendered prior to the issuance of the license.
   (C)   A license issued under this chapter shall be valid and effective until January 1 of the year following the year of issuance and may be renewed annually upon payment of the required fee, as determined by resolution of the Council. The license may be suspended or revoked for any violation of this code of ordinances, the Iowa Code or the laws of the United States.
   (D)   Any person conducting several separate places of business as a pawnbroker shall pay the license fee and procure a license for each place.
(1999 Code, § 125.02) (Ord. 2020-01, passed 2-9-2021)
§ 114.03 RECORDS.
   (A)   The Police Department shall furnish the internet web address for the automated pawn records system to every pawnbroker licensee. The pawnbroker shall immediately upon completion of each individual transaction accurately enter into the system via the internet, in the English language, the following information at time of purchase or receipt of any property:
      (1)   The name and address of the person from whom the property is purchased or received; their date of birth; their state driver’s license number, or state identification number, or social security number with photo identification that includes their gender, age, height, race and the type of photo identification presented;
      (2)   A particular, detailed and accurate description of each article to include model number and/or serial number when applicable;
      (3)   The amount paid, advanced or loaned;
      (4)   The date and hour of the transaction.
   (B)   If the automated pawn records system fails, crashes, or becomes inaccessible by either the pawnbroker or the Police Department such that data entries cannot be electronically captured or recorded, then in that event the pawnbroker shall use pawn log sheets furnished by the Police Department to accurately enter in ink in the English language the information required under division (A) of this section. In the instances of technology issues that require the use of handwritten records, every pawnbroker shall submit to the Urbandale Police Department each week, on Monday, a record of all items received on pawn or purchase outright. The record shall include all information required by division (A).
   (C)   The Police Chief or his or her designee shall have access to licensee’s computer system and/or pawn log sheets for purposes of inspection for compliance with this section. Every pawnbroker’s license shall at all times be open to examination by any peace officer or other law enforcement officer.
(1999 Code, § 125.03)
   (D)   It shall not be deemed compliance with this section if the licensee or the licensee’s agent or employee lists his or her own name as the person selling or transferring the article.
   (E)   Upon entry of the required information into the automated pawn records system, such information becomes a Police Department record, a copy of which shall be maintained by licensee on the licensed premises. When pawn log sheets are required pursuant to division (B) or upon demand from the Police Chief or his or her designee, the licensee shall surrender the original sheets to the Police Department and such originals shall remain the property of the city. A copy of the original will be provided to the licensee. The licensee shall also maintain a record of the name and residential address of any person redeeming an article of property, the date of such transaction and a description of the article redeemed. If property is disposed of other than by redemption, the licensee shall record a description of the property, how disposed, and the name and address of the person to whom the article was transferred. Such redemption or sales records shall be maintained by the licensee for one year from the date of the transaction and shall be at all times open to examination and recordation by the Police Chief or his or her designee.
(1999 Code, § 125.04)
   (F)   Licensee shall maintain a computer system that meets the system and connectivity requirements as set and kept on file by the Police Department.
   (G)   The Police Chief or his or her designee shall have access to licensee’s computer system for purposes of inspection for compliance with this chapter.
(Ord. 2020-01, passed 2-9-2021) Penalty, see § 114.99
§ 114.04 DESTROYING, DISPOSING OF OR DISMANTLING ARTICLES.
   (A)   No person purchasing or receiving any personal property or article whatsoever in the course of dealing as a pawnbroker shall melt, destroy, alter or otherwise dispose of the same without making the report required in § 114.03, and within 15 days after the report is made, except upon written permission from the Police Chief.
   (B)   No person purchasing or receiving any used bicycle, motorcycle, automobile or any bicycle, motorcycle or automobile tube, tire or other accessories shall sell or dispose of the same without making the report required in § 114.03, or within 15 days after the report is made, except upon written permission of the Police Chief.
   (C)   Every bicycle, motorcycle or automobile purchased or received shall be kept intact for a period of 15 days unless permission to dismantle the same has been obtained in writing from the Police Chief.
(1999 Code, § 125.05) (Ord. 2020-01, passed 2-9-2021) Penalty, see § 114.99
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