830.01 Definitions.
830.02 Intent and purpose.
830.03 License required.
830.04 Requirements for license.
830.05 Requirements for license renewal.
830.06 Record of property received.
830.07 Fingerprints of seller.
830.08 Statement to police of property received.
830.09 Purchaser's memorandum of pawn.
830.10 Interest on loans.
830.11 Vesting of title to item pledged or pawned.
830.12 Tender of debt and costs before sale.
830.13 Destruction or defacing pawned property.
830.14 Acceptance of property from minor.
830.15 Business on Sunday.
830.16 Action on pawnbroker's bond.
830.17 Applicability of State law.
830.99 Violation.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) "Ancillary" means an auxiliary or subordinate operation that aids another business considered as principle and shall in no instance amount for greater than fifty percent of the business' gross revenues.
(b) "Category" means a general class to which a good belongs including, by way of example but not limited to: jewelry, clocks, guns, art work, sports equipment, garments, musical instruments, appliances, audio and visual equipment, computer equipment, books, furniture, sports memorabilia, videos, cd's, electronic games, tools, coins, etc.
(c) "Gross revenues" means the total amount of compensation (money or value of other considerations received) from selling goods or from performing services in the operation of the pawnbroker's principal business.
(d) "Pawnbroker" means any person, corporation, or member or members of a copartnership or firm, who loans money on deposit or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price.
(Ord. 2008-02. Passed 6-3-08.)
The intent and purpose of this chapter is to regulate pawnbrokers as necessary to advance the public welfare, health, and safety; to limit the licensing of pawnbrokers to those persons who already have an established business within the corporate limits of the City other than as a pawnbroker; to limit the operation of a pawnbroker to accepting for pawn one category of goods sold in the course of business so that such service shall always be ancillary to the existing established business; to provide for the taking of fingerprints and the making of reports to enforcement officers; and to prescribe penalties for the violation of this chapter.
(Ord. 2008-02. Passed 6-3-08.)
(a) No person shall engage in the business of a pawnbroker, within the corporate limits of the City, without having first obtained a license therefor.
(b) This license shall be for the period of one year from the date of issuance, unless sooner revoked for cause, and shall not be transferable.
(c) This license shall designate the following:
(1) The particular place in the City where such person shall carry on the pawnbroker business.
(2) The name of the primary business established and operated by the person.
(3) The one category of goods to be accepted for pawn, except in cases where the provisions of this chapter regarding “primary,” “ancillary,” and “category” shall not be necessary and are inapplicable. The provisions of this chapter regarding “primary,” “ancillary,” and “category” are not necessary and are inapplicable if the applicant’s existing business:
A. Was established with an approved site plan pursuant to Chapter 1276, Site Plan Approval;
B. Is otherwise in compliance with State law governing pawnbrokers; and
C. Is also in compliance with Section 1234.12(d), Regulated Uses.
(Ord. 2012-07. Passed 11-5-12.)
(d) No such license shall be granted without the approval of the City Council nor until the applicant has complied with such of the following requirements of this chapter as are applicable to him.
(Ord. 2008-02. Passed 6-3-08.)
Every applicant shall:
(a) Obtain the certification of the Chief of Police.
(b) Furnish proof of an established primary business within the corporate limits of the City other than pawnbroker.
(c) Pay to the treasurer a nonrefundable annual license fee of fifty dollars ($50.00).
(d) Post a bond to the City in its corporate name, for the faithful performance of the duties and obligations pertaining to the business and for the payment of all costs and damages incurred by any violation of this chapter, in the penal sum of three thousand dollars ($3,000), with at least two sureties, which bond shall be approved by the City Council.
(Ord. 2008-02. Passed 6-3-08.)
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