Chapter 5.56
PAWNBROKERS
Sections:
5.56.090 Removal of property from place of business.
5.56.010 Definitions.
A. Pawnbroker. Every person engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits or conditional sales of personal property is a pawnbroker.
B. “Precious metals” means gold, silver and platinum.
C. “Transaction” means a pledge, purchase or consignment by a pawnbroker from a member of the general public. (Ord. 1798 § 3, 1993).
5.56.020 Applicability.
General business license provisions (Chapter 5.02 EMC) shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 1798 § 3, 1993).
5.56.030 License required.
This is a special license and is required in addition to any other city business license the applicant may hold or may be required to hold. (Ord. 1798 § 3, 1993).
5.56.040 Fee and term.
The fee for a pawnbroker license shall be as designated by the city’s fee resolution as it now reads or is hereinafter amended. (Ord. 1798 § 3, 1993).
5.56.050 License holders.
No license shall be issued to:
A. A person who has not attained the age of 21 years, or who is not of good moral character;
B. A person who has been convicted of a crime of moral turpitude or intent to defraud within 10 years from the date of application;
C. A person who has, within 10 years from the date of application, been released from a penal institution or from active supervision or parole as a result of the conviction of any of the aforementioned crimes.
D. No person may operate as a pawnbroker unless the person maintains a fixed place of business in the city. No person shall engage in any such business in more than one place, or maintain more than one shop or store for the same, by virtue of one license. (Ord. 1798 § 3, 1993).
5.56.060 Records.
A. Every pawnbroker doing business in the city shall maintain wherever that business is conducted a record in which shall be legibly written in the English language, at the time of each transaction the following information:
1. The signature of the person with whom the transaction is made;
2. The date of the transaction;
3. The name of the person or employee conducting the same transaction;
4. The name, date of birth, sex, height, weight, race, and address of the person with whom the transaction is made;
5. A complete description of the property pledged, bought or consigned, including the brand name, serial number, model number, initials, engravings, size, patterns and color, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle or shotgun;
6. The price paid or the amount loaned;
7. The type and identifying number of identification used by the person with whom the transaction is made, which shall consist of a valid driver’s license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified; and
8. The nature of the transaction, a number identifying the transaction (for example, pawn ticket numbers), the name and address of the business conducting the transaction, and the location of the property.
B. This record shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions who is accompanied by a representative of the police department, and shall be maintained wherever that business is conducted for three years following the date of the transaction.
C. Every pawnbroker in the city, or their employees, shall keep an accurate record in which shall be legibly written at the time of each transaction an accurate description of the goods, articles or things purchased or pawned, the time of purchasing or pledging the same, the amount of money paid therefor or loan thereon, the rate of interest to be paid on such loan, the time within which said pawn is to be redeemed, and the name, age and place of residence, with the street number of the house of the person selling or pledging such article or thing. When any jewelry, or gold or silver articles of any kind are sold or pledged to any pawnbroker or secondhand dealer, it shall be noted in such records all letters or marks inscribed thereon.
D. Every pawnbroker doing business in the city shall furnish or mail within 24 hours to the chief of police or his designee on such forms as are provided by the chief of police, a full, true and correct transcript of the record of all transactions conducted on the preceding day. The pawnbroker shall be responsible for keeping sufficient forms on hand. (Ord. 1798 § 3, 1993).
5.56.070 Stolen goods.
A. Following notification from the police department or any other law enforcement agency that an item of property has been reported as stolen, the pawnbroker shall hold that property intact and safe from alteration, damage or commingling. The pawnbroker shall place an identifying tag or other suitable identification upon the property so held. Property held shall not be released for 120 days from the date of police notification unless released by written consent of the chief of police or his designee or by order of a court of competent jurisdiction. The pawnbroker shall give 10 days’ written notice before the expiration of the 120-day holding period to the police department about the stolen property. If notice is not given within the required 10-day period, then the hold on the property shall continue for an additional 120 days. The chief of police or his designee may renew the holding period for additional 120-day periods as necessary.
B. If a pawnbroker has good cause to believe that any property in his or her possession has been previously lost or stolen, the pawnbroker or secondhand dealer shall promptly report that fact to the applicable chief of police or county’s chief law enforcement officer together with the name of the owner, if known, and the date when, and the name of the person from whom it was received. (Ord. 1798 § 3, 1993).
5.56.080 Interest.
A. All pawnbrokers are authorized to charge and receive interest and other fees for money loaned on the security of personal property actually received in pledge at the rates set forth in RCW 19.60.060 as it now reads or is hereinafter amended.
B. The fee for the preparation of documents, pledges or reports required under the laws of the United States of America, the state of Washington, or the counties, cities, towns or other political subdivisions thereof, shall not exceed the amounts set forth in RCW 19.60.060 as it now reads or is hereinafter amended.
C. Fees as set forth in subsections A and B above may be charged only one time during the term of a pledge. A copy of the fees as set forth in RCW 19.60.060 as it now reads or is hereinafter amended, set in 12-point type or larger, shall be posted prominently in each premises subject to this chapter. (Ord. 1798 § 3, 1993).
5.56.090 Removal of property from place of business.
Property bought or received in pledge by any pawnbroker shall not be removed from that place of business, except when redeemed by the bearer of a pawn ticket within 30 days after the receipt of the property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the state or any of its political subdivisions who is accompanied by a police department representative. (Ord. 1798 § 3, 1993).
5.56.100 Sale of property.
A. A pawnbroker shall not sell any property received in pledge within 90 days after the term of the loan expires. However, if a pledged article is not redeemed within the 90-day period, the pawnbroker has all rights, title and interest of the pledgor or the pledgor’s assigns.
B. Every transaction entered into by a pawnbroker shall be evidenced by a written document, a copy of which shall be furnished to the pledgor. The document shall set for the loan period, the date on which the loan is due and payable, and shall inform the pledgor of the pledgor’s right to redeem the pledge within 90 days after the expiration of the loan term. (Ord. 1798 § 3, 1993).
5.56.110 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. 1798 § 3, 1993).
5.56.120 Violation – Penalty.
The violation of any provision of this chapter shall constitute a criminal offense and shall be punishable as provided in the general provisions of this title. It shall also be a violation of this chapter for:
A. Any person to remove, alter or obliterate any manufacturer’s make, model or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned or received in pledge;
B. Any person to knowingly make, cause or allow to be made any false entry or misstatement of any material matter in any book, record or writing required to be kept under this chapter;
C. Any pawnbroker to receive any property from any person under the age of 18 years, any person under the influence of intoxicating liquor or drugs, or any person known to the pawnbroker as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past 10 years whether the person is acting is his or her own behalf or as the agent of another; or
D. Any person to violate knowingly any other provision of this chapter or amendments thereto. (Ord. 1798 § 3, 1993).