Chapter 5.12
PAWNBROKERS1
Sections
5.12.040 License – Application.
5.12.050 Personal property tax return.
5.12.070 Records – Compliance required.
5.12.090 Records and property inspections.
5.12.100 Seller or consignee to give true name and address.
5.12.110 Authorized rate of interest – Designated – Violations.
5.12.120 Evidence of violation intention.
5.12.130 Sale of pledged property.
5.12.140 Certain transactions prohibited.
5.12.010 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Pawnbroker,” as used in this chapter, means and includes every person who takes or receives, by way of pledge, pawn, or exchange, goods, wares, or merchandise or any kind of personal property whatever, for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or who makes a public display of any sign indicating that he has money to loan on personal property on deposit or pledge.
(3) “Pawnshop” means and includes every place at which the business of pawnbroker is being carried on. [Ord. 370 § 2, 1975.]
5.12.020 License – Required.
It is unlawful for a person to engage in the business of pawnbroker, or to conduct a pawnshop, without first obtaining a pawnbroker’s license as provided in this chapter. [Ord. 993 § 7, 1992: Ord. 370 § 1, 1975.]
5.12.030 License – Fee.
The annual fee for such a license shall be set by administrative order of the city manager and shall be payable on December 31st preceding the year for which the license is issued. Fees being due for less than one year shall be prorated on a semiannual basis. [Ord. 454 § 1(C), 1979: Ord. 370 § 3, 1975.]
5.12.040 License – Application.
All applications for issuance or renewal of a pawnbroker’s license shall be made to and be filed with the city clerk on forms furnished for such purpose, and shall be accompanied by the required fee. This application shall state the true name of the applicant, who shall not be less than 18 years of age, the names of all persons having a financial, proprietary, or other interest in such pawnshop, together with such other information as the city clerk deems appropriate. The application shall then be referred to the police department for investigation, report, and recommendation. If, from the reports and other information available, the city clerk deems the applicant to be a fit and proper person, the city clerk shall issue or renew the license applied for. [Ord. 370 § 4, 1975.]
5.12.050 Personal property tax return.
No renewal license shall be issued to a pawnbroker until the applicant shows that he has made a return to the county assessor of the property in his possession or ownership and the value thereof for tax assessment purposes and has paid the tax due. [Ord. 370 § 5, 1975.]
5.12.060 Records – Required.
Every pawnbroker shall maintain at his place of business a book in which he shall, at the time of such loan, purchase, or sale, enter, in the English language, written in ink, the following information:
(1) The date of the transaction;
(2) The name of the person conducting the transaction and making the entries required in this chapter;
(3) The printed name, signature, age, street and house number, the general description of the dress, complexion, color of hair, and facial appearance of the person with whom the transaction is had, including the identification which the customer presents to verify his identity, and the account or other number of such identification;
(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 shall include the name of the maker of such property or the manufacturer thereof and the serial number, if the article has such marks on it, or any other inscriptive or identifying marks; provided, that when the article received is furniture or the contents of any house or room, actually inspected on the premises where the sale is made, a general description of the property shall be sufficient;
(7) The price paid or the amount loaned; and
(8) The number of any pawn tickets issued therefor. [Ord. 370 § 6, 1975.]
5.12.070 Records – Compliance required.
It is unlawful for a pawnbroker or a clerk, agent, or employee of such pawnbroker to fail, neglect, or refuse to make a material entry in this record, as required by this chapter, or to make a false entry therein, or to obliterate, destroy, or remove from his place of business such record within five years from date of transaction. [Ord. 370 § 7, 1975.]
5.12.080 Reports to police.
(1) Transcript Required. It is the duty of every pawnbroker to deliver to the chief of police at the close of every business week a full, true, and correct transcript of the record of all transactions occurring during the preceding week.
(2) Duty to Report. It is also the duty of a pawnbroker, having good cause to believe any property in his possession has been previously lost or stolen, to report such fact to the police department immediately, together with the name of the owner, if known, and the date and name of the person from whom the same was received by such pawnbroker. [Ord. 370 § 8, 1975.]
5.12.090 Records and property inspections.
All books and other records of a pawnbroker relating to purchase, pledge, exchange, order, or receipt of any goods, wares, merchandise, or other articles or things of value shall at all times be open for inspection by the chief of police, or his agent, and all articles or things received, purchased, or left in pledge with the pawnbroker shall at all times be open to like inspection. [Ord. 370 § 9, 1975.]
5.12.100 Seller or consignee to give true name and address.
Anyone who pledges, sells, or consigns property to or with a pawnbroker shall sign the records required to be kept by such pawnbroker with his true name and shall include his correct residence address. [Ord. 370 § 10, 1975.]
5.12.110 Authorized rate of interest – Designated – Violations.
All pawnbrokers are authorized to charge and receive interest at the rate of three percent per month, for a 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 such loan, or on an actual or pretended sale, is, on redemption of such personal property, guilty of a violation of this chapter. [Ord. 370 § 11, 1975.]
5.12.120 Evidence of violation intention.
The fact of loaning money upon or purchasing goods from any of the classes enumerated in DMMC 5.12.140 shall be prima facie evidence of an intent on the part of such pawnbroker, his agent, or employee to violate this chapter. [Ord. 370 § 12, 1975.]
5.12.130 Sale of pledged property.
No pawnbroker shall sell property held by him as security for a loan until 90 days after the period for redemption has expired. [Ord. 370 § 13, 1975.]
5.12.140 Certain transactions prohibited.
It is unlawful for a pawnbroker, his clerk, or employee to receive in pledge, or purchase, an article or thing known to him to be stolen, or an article or thing from a person who is under the age of 18. [Ord. 370 § 14, 1975.]
5.12.150 Business hours.
It is unlawful for a 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 8:00 p.m. and 7:00 a.m., except that from December 1st to December 24th of each year, when pawnbrokers may remain open until 10:00 p.m. [Ord. 370 § 15, 1975.]
5.12.160 Violation – Penalty.
(1) No person shall violate or fail to comply with this chapter.
(2) A violation of or failure to comply with this section is a class 1 civil infraction. [Ord. 1009 § 35, 1993: Ord. 370 § 16, 1975.]
For statutory provisions regarding the maintenance of records by pawnbrokers, see RCW 19.60.020; for provisions regarding pawnbrokers maximum interest rates, see RCW 19.60.060; for provisions regarding the inspection of goods and records, see RCW 19.60.055; and for provisions regarding receiving property from minors, drunkards or criminals, see RCW 19.60.066.Prior legislation: Ord. 151, repealed by Ord. 370.