Chapter 5.40
PAWNBROKERS

Sections:

5.40.010    License required.

5.40.020    Application.

5.40.030    Fees.

5.40.040    Records.

5.40.050    Report to city manager.

5.40.060    Restrictions.

5.40.070    Liability of principal.

5.40.010 License required.

It shall be unlawful for any person, firm, or corporation to operate the business of pawnbroker without having first obtained a license therefor. No pawnbroker’s license shall be issued to any person who is not 18 years of age or over; and no pawnbroker shall employ a person of less than 18 years of age to assist him in his business. [Code 2000 § 16-10-1].

5.40.020 Application.

A. Application for a pawnbroker’s license shall be made to the license officer and shall state the name thereon, the name of the applicant, the place of business, and the number of employees intended to be engaged.

B. Each application must be accompanied by a performance guarantee of a $1,000 cash deposit in the name of West Point City. If the licensee is found to violate any of the provisions of this chapter, the performance guarantee will be forfeited and the licensee will be required to repost a performance guarantee.

C. The city manager or any other officer of the city so designated shall investigate each applicant for such license. No license shall be issued to a person who has been convicted of the offense of receiving stolen goods or of burglary or robbery. [Code 2000 § 16-10-2].

5.40.030 Fees.

The annual fee for a pawnbroker’s license shall be set forth from time to time by resolution of the city council. [Code 2000 § 16-10-3].

5.40.040 Records.

It shall be unlawful for any pawnbroker to fail to keep a book in which shall be clearly 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, the amount of money loaned or advanced thereon, the time, both day and hour, of pawning or receiving such goods, articles or things and the name and residence of the person pawning or delivering the said goods, articles or things; 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 at all reasonable times be open to inspection of any peace officer. [Code 2000 § 16-10-4].

5.40.050 Report to city manager.

A. It shall be unlawful for any pawnbroker to fail to make out and deliver to the city manager once each week a legible and accurate copy from the record required to be kept by this chapter.

B. It shall be the duty of every pawnbroker to report to the police any article pledged with him, if he shall have reason to believe that the article was stolen, or lost and found by the person attempting to pledge it in the case of a lost article. [Code 2000 § 16-10-5].

5.40.060 Restrictions.

A. No pawnbroker shall have any business dealings as a pawnbroker with any person less than 18 years of age, except with the written consent of the parent or guardian of the minor to each particular transaction.

B. It shall be unlawful for any pawnbroker to receive any goods, articles or things in pawn or pledge from a person who is intoxicated.

C. No pawnbroker shall receive as a pledge or purchase any illegal weapon and no pawnbroker shall display in his window or shop any such weapon for sale.

D. It shall be unlawful for any pawnbroker to receive any goods by way of a pawn or pledge before 9:00 a.m. or after 9:00 p.m., or on Sunday. [Code 2000 § 16-10-6].

5.40.070 Liability of principal.

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 chapter. [Code 2000 § 16-10-7].