Chapter 5-84
PAWNBROKERS
Sections:
5-84-020 Application—Investigation.
5-84-040 Maximum percentage charge.
5-84-050 Section 5-86-040 to be posted.
5-84-080 Memorandum to pledger.
5-84-090 Exhibition of articles.
5-84-100 Inspection of records.
5-84-010 Pawnbroker defined.
Every person engaged in the business of receiving property in pledge, or as security for money or other thing advanced to the pawner or pledger, shall be held and is declared and defined to be a pawnbroker, and no person shall conduct or operate the business of pawnbroker without having first secured a license therefor as is herein provided. (Prior code § 5-14-2)
5-84-020 Application—Investigation.
Applications for pawnbroker’s licenses shall be made to the clerk and shall state thereon the name of the applicant; the place of business; and the number of employees intended to be engaged. The chief of police or any other officer designated by the council shall investigate each applicant for such license, and shall report back whether or not such applicant is a person of good character, no license shall be issued to a person who has been convicted of the offense of receiving stolen goods or of burglary or robbery. (Prior code § 5-14-2)
5-84-030 Fee.
The annual fee to be paid for a pawnbroker’s license shall be based on the number of employees as shown in Section 5-02-160 of this code and no license shall be issued until the fee is paid. (Ord. 3221 § 23, 2009; Ord. 1921 (part), 1972; prior code § 5-14-3)
5-84-040 Maximum percentage charge.
It is unlawful for any pawnbroker, as herein defined, to charge or collect a greater benefit or percentage upon money advanced and for the use, and forbearances thereof, than the rate of three percent per month; provided, that nothing herein shall be so construed as to conflict with the law pertaining to usury and the person receiving money so advanced shall not be held to pay any storage, insurance or other charges other than such interest as herein provided. (Prior code § 5-14-4)
5-84-050 Section 5-86-040 to be posted.
Every pawnbroker shall at all times have and keep the Section 5-86-040 printed in the English language framed and posted in a prominent and conspicuous position in his place of business, so that said provision of this chapter shall be plainly legible and visible to all persons depositing or pledging property with such pawnbroker. (Prior code § 5-14-5)
5-84-060 Records.
Every pawnbroker and loanbroker or keeper of a loan office shall keep a book in which shall be legibly written in ink at the time of each loan an accurate account and description in the English language of the goods, articles or thing pawned or pledged, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan, and the name and residence of the person pawning or pledging the said goods, article or thing. No entry made in such book shall be erased, obliterated or defaced. (Prior code § 5-14-6)
5-84-070 Purchase record.
Whenever any such licensee shall buy any secondhand furniture, metals, or clothes, or any other article or thing whatsoever, the same shall be recorded in the same manner as a pledge, and said record shall show the time of purchase, the amount paid for said article or thing, and the name and residence of the person selling such article or thing. (Prior code § 5-14-7)
5-84-080 Memorandum to pledger.
Every pawnbroker and loanbroker or keeper of a loan office shall at the time of each loan deliver to the person pawning or pledging any goods, article or thing, a memorandum or note signed by him containing the substance of the entry required to be made in his book as required by this chapter, and no charge shall be made or received by any pawnbroker or loanbroker or keeper of a loan office for any such entry, memorandum or note. (Prior code § 5-14-8)
5-84-090 Exhibition of articles.
Every pawnbroker and loanbroker or keeper of a loan office shall during business hours, upon the request of any pledger presenting the memorandum provided for in Section 5-86-080, or upon the request of any assignee or transferee thereof presenting such memorandum, exhibit to such person the article pledged and described in such memorandum. Each article pledged shall have attached thereto a tag with the pledge number, the time when said pledge was obtained and the amount of said pledge. (Prior code § 5-14-9)
5-84-100 Inspection of records.
The said book, as well as every article or thing of value pawned or pledged, or any secondhand article obtained through purchase or exchange, shall at all reasonable times be open to the inspection of the mayor or any member of the police force. (Prior code § 5-14-10)
5-84-110 Report to police.
It shall be the duty of every person, licensed as aforesaid, to make out and deliver to the chief of police every day, before the hour of twelve noon, a legible and correct copy from the books required in Section 5-84-060, of all personal property and other valuable things received on deposit, and all second-hand articles purchased during the preceding day, setting forth the hour when received and the description of the person by whom left in pledge or sold. (Prior code § 5-14-11)
5-84-120 Sale and redemption.
No personal property received on deposit or pledge by any such licensed pawnbroker shall be sold or permitted to be redeemed or removed from the place of business of such licensed pawnbroker for the period of twenty-four (24) hours after the copy and statement to be delivered to the chief of police shall have been delivered as required; and no personal property pawned or pledged shall be sold or disposed of by any such pawnbroker within one year from the time when the pawner or pledger shall make default in the payment of the interest on the money so advanced by such pawnbroker, unless by the written consent of such pawner or pledger. No secondhand article purchased by any such licensed pawnbroker shall be sold or removed from the place of business of such licensed pawnbroker for the period of thirty (30) days after the copy and statement to be delivered to the chief of police shall have been delivered as required. (Prior code § 5-14-12)
5-84-130 Display of weapons.
No person licensed as aforesaid shall show, display or exhibit any pistol, revolver, derringer, bowie knife, dirk, or other weapon of like character which can be concealed on the person, in any show window or in or on any premises immediately abutting upon any street, public way or sidewalk in such a way that the same may be seen from such street, public way or sidewalk. (Prior code § 5-14-13)
5-84-140 Pledges.
No person so licensed shall take any article in pawn or buy from any person appearing to be intoxicated nor from any person known to be a thief or to have been convicted of larceny or burglary, and when any person is found to be the owner of stolen property which has been pawned or bought, such property shall be returned to the owner thereof without the payment of the amount advanced by the pawnbroker thereon or any costs or charges of any kind which the pawnbroker may have placed upon the same. (Prior code § 5-14-14)
5-84-150 License revocation.
It shall be the duty of the chief of police to report to the mayor any failure to comply with, or any violation of, any provision of this chapter on the part of any such licensee and the mayor may thereupon revoke the license of such person. (Prior code § 5-14-15)