Chapter 6.24
PAWNBROKERS
Sections:
6.24.010 License required – Fee.
6.24.060 Allowable interest – Time limit for holding goods.
6.24.070 Removal of goods before time limit.
6.24.080 Receiving goods from certain persons prohibited.
6.24.100 Violations enumerated – Penalties.
6.24.010 License required – Fee.
It is unlawful for any person to engage in the business of pawnbroker or conduct a pawnshop without a pawnbroker’s license. The fee for such license shall, on and after May 1, 1970, be $25.00. (Ord. 787 § 1, 1970).
6.24.020 License application.
Application for a pawnbroker’s license shall be in writing, filed with the city council on forms furnished by the town marshal and shall be accompanied by the required fee. The application shall be referred to the police department for recommendation. If the city council approves the application, it may, by resolution, direct the issuance of the license by the city clerk. (Ord. 06-15 § 12, 2015; Ord. 787 § 2, 1970).
6.24.030 Records.
It is the duty of every pawnbroker to maintain at his place of business a book or other permanent record, in which shall be legibly written, in the English language, at the time of a loan, purchase or sale, a record thereof containing:
(1) The date of the transaction;
(2) The name of the person or employee conducting the same;
(3) The name, age, street and house number, and the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is made;
(4) The name and street and house number of the owner of the property bought or received in pledge;
(5) The street and house number of the place from which the property bought or received in pledge was last removed;
(6) A description of the property bought or received in pledge which, in the case of watches, shall contain the name of the maker and the number of both the works and the case, and in case of jewelry shall contain a description of all letters and marks inscribed thereon;
(7) The price paid or the amount loaned;
(8) The name and street and house numbers of all persons witnessing the transaction;
(9) The number of any pawn tickets issued therefor.
It is unlawful for any pawnbroker, and every clerk, agent or employee of the pawnbroker, to fail, neglect or refuse to make entry in any material matter in his record as required by this section or to make any false entry therein, or to obliterate, destroy or remove from his place of business such record.
Anyone who pledges, sells or consigns any property to or with a pawnshop or pawnbroker shall sign the records required to be kept by the dealer with his true name and shall include his correct residence address. (Ord. 787 § 3, 1970).
6.24.040 Daily report.
It is the duty of every pawnbroker, before 12:00 noon of every business day, to report to the town marshal, on blank form to be furnished by the police department, a full, true and correct transcript of the record of all transactions had on the preceding day. It is also the duty of any pawnbroker having good cause to believe any property in his possession has been previously lost or stolen to report the fact to the town marshal, together with the name of the owner, if known, and the date when and name of the person from whom the same was received by the pawnbroker.
Every pawnbroker and every clerk, agent or employee of the pawnbroker who fails, neglects or refuses to make a report, or reports any material matter falsely to the town marshal, shall be guilty of the violation of this chapter. (Ord. 787 § 4, 1970).
6.24.050 Inspections.
All books and other records of any pawnbroker relating to purchase, pledge, exchange, barter or receipt of any goods, wares, merchandise or other articles or things of value shall at all times be open for inspection by the town marshal, or any police officer detailed for that purpose. All articles or things received, purchased or left in pledge with the pawnbroker shall at all times be open to a like inspection. (Ord. 787 § 5, 1970).
6.24.060 Allowable interest – Time limit for holding goods.
All pawnbrokers are authorized to charge and receive interest at the rate of three percent per month from any loan on the security of personal property actually received in pledge and every person who asks or receives a higher rate of interest or discount on any loan or on any actual or pretended sale or redemption of personal property, or who sells any property held for redemption, within 90 days after the period for redemption has expired, is deemed guilty of violation of this chapter. (Ord. 787 § 6, 1970).
6.24.070 Removal of goods before time limit.
It is unlawful or any pawnbroker to remove any goods, articles or thing purchased by him, or left with him in pledge, from his store or place of business until the expiration of 10 days after the same were purchased, received or left in pawn, unless the goods, articles or things have, within the time specified, been inspected, as provided in this chapter. (Ord. 787 § 7, 1970).
6.24.080 Receiving goods from certain persons prohibited.
It is unlawful for any pawnbroker, his clerk or employee to receive in pledge, or purchase, any article or thing from any person under 21 years of age, or from any person who is at the time intoxicated, or from any habitual drunkard, or from any person addicted to the use of narcotic drugs, or from any person who is known to be a thief, or a receiver of stolen property, or from any person whom he has reason to suspect or believe to be such.
The fact of loaning money upon or purchasing goods from any of the classes of persons enumerated in this section shall be prima facie evidence of an intent on the part of the pawnbroker, his agent or employee to violate this chapter. (Ord. 787 § 8, 1970).
6.24.090 Hours of operation.
It is unlawful for any pawnbroker to conduct or carry on the business of pawnbroker, in whole or in part, directly or indirectly, or to open, or keep open, his pawnshop for the transaction of any business whatsoever therein, between the hours of 7:00 p.m. and 7:00 a.m. (Ord. 787 § 9, 1970).
6.24.100 Violations enumerated – Penalties.
(1) Every pawnbroker and every clerk, agent, or employee of a pawnbroker is guilty of a misdemeanor, who:
(a) Fails to make an entry of any material matter in his records;
(b) Makes any false entry therein;
(c) Falsifies, obliterates, destroys or removes from his place of business any book or record;
(d) Refuses to allow the city attorney or any peace officer to inspect his records, or any goods in his possession, during the ordinary hours of business;
(e) Reports any material matter falsely to the town marshal;
(f) Having forms provided therefor, fails before noon of each day to furnish the town marshal with a full, true and correct transcript of the record of all transactions had on the previous day, it being the intent of this section that Saturday’s business may be reported on Monday;
(g) Fails to report forthwith to the town marshal the possession of any property which he may have good cause to believe has been stolen;
(h) Removes or allows to be removed from his place of business, except upon redemption by the owner thereof, any property received, before four days have elapsed since the receipt thereof was reported to the town marshal; or
(i) Receives any property from any person under the age of 21 years, any common drunkard, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, whether such a person is acting in his own behalf or as the agent of another.
(2) Any person, firm or corporation who violates any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in BMC 1.04.010. (Ord. 787 § 10, 1970).