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A pawnbroker shall collect a transaction fee of fifty cents ($0.50) per transaction. The transaction fee shall be collected by the licensee, from each customer, upon the initiation of each new pawn loan, and each transaction involving the purchasing of personal property. The pawnbroker shall pay to the City all transaction fees collected, by the 15th of the following month.
A. Transaction fees will be utilized to maintain and operate an electronic filing system to aid law enforcement in recovering stolen property.
B. Transaction fees in excess of the amount needed to cover costs associated with maintaining the system will be reimbursed to the license holder to help offset the loss associated with stolen/recovered property seized by the Waterloo Police Department. The percent of reimbursement will be determined by dividing the funds available by the total seized property and then distributed based on percentage seized to each licensee.
C. If all license holders have been made whole, remaining fees will be placed in a project account for the City of Waterloo to provide solvency to the system. (Ord. 5481, 2-4-2019)
A. Record Required: On each item or article at the time of pawning or purchasing said item, every license holder shall be required to keep a record in which the license holder shall accurately collect the following:
1. Date and time the item was presented.
2. A detailed accurate description of the item.
3. The serial and model number if available.
4. Special characteristics or identifying marks.
5. Amount paid, advanced or loaned for the item.
6. A photocopy or digital copy of a valid State or government issued photo ID.
7. A current address and telephone number from the person presenting the item.
B. Failing To Keep Records: Failing to obtain and keep the above information, making false or fraudulent entries will be considered a simple misdemeanor with criminal charges, loss of license and fines.
C. Submitting Records: The records register shall be submitted electronically to the City of Waterloo or its authorized agents, at a minimum on each Monday by nine o'clock (9:00) A.M.
1. If there are issues preventing the submission of all items collected during that time, the following requirements apply:
a. The licensee must record and submit the required information in another manner on the appropriate Monday.
b. All property received, will be held for five (5) days from the time electronic submissions are restored.
(1) This holding period does not apply to the redemption of loan items.
c. If there are extenuating circumstances resulting in extended electronic downtime the Chief of Police or designee will have the authority to waive the holding period.
2. Each entity is responsible to maintain data security and confidentiality of personal information and is responsible for any and all breaches to their respective systems.
a. Confidential information shall include the following:
(1) Any and all personal information.
(2) Transactional information that would give a business advantage to any participating organization.
(3) Certain necessary information may be released by law enforcement for investigative purposes or prosecution of criminal offenses as per Iowa law. (Ord. 5481, 2-4-2019)
A. The license holder shall at all times permit a duly authorized police officer of the City of Waterloo to inspect the entire premises covered by the license, including all locked containers and all records having any relationship to the operation of the pawn business.
B. No licensee, agent or employee shall refuse, resist or attempt to prevent a duly sworn police officer from examining the licensed premises for the purpose of discovering/recovering stolen property or any violation of this article. (Ord. 5481, 2-4-2019)
A. The police are authorized to require a "hold" on property for investigative purposes. This hold requires the licensee to hold the property until such time the hold has been cleared.
1. If law enforcement has not cleared the hold or recovered the property within fifteen (15) days of placing the hold the licensee may dispose of the items as they deem appropriate.
B. The police are authorized to seize property with a seizure notice; a copy of the receipt will be given to the licensee. (Ord. 5481, 2-4-2019)
A. Any item pawned shall not be sold, transferred, altered, removed from the premises or otherwise disposed of for fifteen (15) days from the date the item was received by the licensee.
1. However an individual may redeem said item that was pawned during or after the fifteen (15) day holding period at the discretion of the pawnbroker, provided there are no law enforcement holds.
2. Items purchased for resale by the licensee shall be held for fifteen (15) days prior to being offered for sale.
3. There is no hold required for items purchased from a wholesale vendor and sold as new. (Ord. 5481, 2-4-2019)
A. No licensee shall receive property from any person under the age of eighteen (18).
B. No licensee shall receive property unless the seller presents a valid state or government issued photo ID.
C. No licensee will interfere with law enforcement investigations or recovery of stolen property.
D. No goods or merchandise shall be stored or continuously displayed on any public right-of-way. (Ord. 5481, 2-4-2019)
A. Any license under this article may be denied, suspended or revoked for any of the following reasons by the Waterloo City Clerk:
1. Failing to conform to the Waterloo Zoning Ordinance.
2. Failing to comply with Health, Building and Building Maintenance Codes of the City of Waterloo, Black Hawk County and/or the State of Iowa.
3. Violating any provisions of this article.
4. Any type of fraud or deception.
5. Failure to cooperate with lawful requests of City officials.
6. Failure to provide accurate information at the time of application.
B. All appeals of a license denial, suspension or revocation will be heard by the Waterloo City Council. (Ord. 5481, 2-4-2019)
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