Chapter 5.15
PAWNBROKERS
Sections:
5.15.010 Pawnbroker – Definition.
5.15.030 Record of transactions.
5.15.040 Pawning by minors, intoxicated persons.
5.15.050 Restriction on resale.
5.15.010 Pawnbroker – Definition.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning:
“Pawnbroker” means any person who engages in the business of loaning money on deposit or pledge of personal property or other thing of value, or who engages in the business of purchasing things of value on condition of reselling the object to the person pledging or selling it at a stipulated price. [1962 Code § 733.01; 1982 Code § 113.01; 1983 Code § 11.113.01.]
5.15.020 License required.
(A) No person shall engage in the business of a pawnbroker in the City without first having obtained a license therefor as provided in this title. Before the license is issued, the applicant shall present to the City Controller a written certificate from the Chief of Police certifying that the Chief of Police has made inquiry into the character of the applicant for honesty and integrity and finds no reason why a license should not be issued to the applicant.
(B) Every person applying for a pawnbroker’s license shall, before the license is issued, execute a bond payable to the City in the penal sum of $1,000 with good and sufficient surety to be approved by the Controller and conditioned that the applicant will faithfully observe and conform to all ordinances, regulations, and requirements of the City in relation to pawnbrokers and their business. [1962 Code § 733.02; 1982 Code § 113.02; 1983 Code § 11.113.02.]
5.15.030 Record of transactions.
(A) Every pawnbroker shall keep a record of the goods, articles, or things pawned or pledged, giving a full description of them, the maker, marks, number, brand, monograms, or letters of any kind on the articles so pawned or pledged; the amount of money loaned thereon; the hour and date of pledging or pawning the article; and the name and residence, with the street number, of the person pawning or pledging the goods, articles, or things, together with a record of the age, color, height, weight, complexion, and style of dress of the person pawning the article. The record shall be made as soon as possible after the transaction of pawning is completed, and in no event shall the entry be delayed longer than one hour after the transaction. No entry in the record shall be obliterated, erased, or defaced. The record as well as every article or thing of value pawned or pledged shall at all reasonable times be open to the inspection of any member of the Police Department.
(B) It shall be the duty of every pawnbroker to prepare and deliver to the Chief of Police each day, before 12:00 noon, a legible, correct, and complete copy from the record required by this chapter of all personal property, valuable articles, or things received or deposited during the preceding day, setting forth the exact hour the property or thing of value was received or pawned. A separate report shall be made for each transaction. [1962 Code §§ 733.03, 733.04; 1982 Code § 113.03; 1983 Code § 11.113.03.]
5.15.040 Pawning by minors, intoxicated persons.
No pawnbroker shall take or receive any pawn or pledge for money loaned on property, article, or thing of value from any minor, without first having procured and filed in his office the written consent of the parent or guardian of the minor to the sale or pledge by the minor. He shall keep the written consent on file for the inspection of the Police Department on demand. No person, licensed as herein provided, shall take or receive any article or thing of value in pawn or pledge from any person who is at the time of offering the article in pawn or pledge in a state of intoxication. [1962 Code § 733.06; 1982 Code § 113.04; 1983 Code § 11.113.04.]
5.15.050 Restriction on resale.
No personal property received on deposit, purchased on condition, or pledged or pawned to a pawnbroker shall be sold or permitted to be redeemed or removed from the place of business of the pawnbroker for a period of 24 hours after a copy of the statement required by this chapter has been delivered to the Chief of Police. [1962 Code § 733.05; 1982 Code § 113.05; 1983 Code § 11.113.05.]
5.15.060 Penalty.
Any person violating the provisions of this chapter shall be fined not more than $300.00 and costs. Each day’s continued violation shall constitute a separate offense. [1962 Code § 701.99; 1982 Code § 113.99; 1983 Code § 11.113.99.]
Cross-reference: General license fee schedule, EMC 5.05.060.