Chapter 5.32
PAWNBROKERS AND
SECONDHAND DEALERS
Sections:
5.32.020 License – Required – Exceptions.
5.32.030 License – Application – Form.
5.32.040 License – Application – Investigation.
5.32.070 Operate as a pawnbroker.
5.32.080 Notification by law enforcement agency that item or property is stolen.
5.32.090 Report to the police chief.
5.32.100 No sale within 15 days.
5.32.110 Pawnbrokers authorized to charge and receive interest and other fees.
5.32.120 Selling property received in pledge.
5.32.140 False entry or misstatement.
5.32.150 Purchase from certain persons.
5.32.170 Application of Chapter 5.01 FMC.
5.32.010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.
A. “Melted metals” means metals derived from metal junk or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been processed.
B. “Metal junk” means any metal that has previously been milled, shaped, stamped or forged and that is no longer useful in its original form, except precious metals.
C. “Nonmetal junk” means any nonmetal, commonly discarded item that is worn out, or has outlasted its usefulness as intended in its original form, except nonmetal junk does not include an item made in a former period which has enhanced value because of its age.
D. “Pawnbroker” means 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.
E. “Precious metals” means gold, silver and platinum.
F. “Secondhand dealer” means every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling or otherwise transferring for value, secondhand property, including metal junk, melted metals, precious metals, whether or not the person maintains a fixed place of business within the state.
G. “Secondhand property” means any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used books and clothing of a resale value of $75.00 or less, except furs.
H. “Transaction” means a pledge, purchase or consignment by a pawnbroker or a secondhand dealer from a member of the general public. (Ord. 1217 § 48, 1996).
5.32.020 License – Required – Exceptions.
It is unlawful for any person, firm, corporation or association in the city to engage in the business of a pawnbroker and/or secondhand dealer without first obtaining a license from the city to do so. (Ord. 1217 § 49, 1996).
5.32.030 License – Application – Form.
Written application for a license to engage in the business listed in FMC 5.32.020 shall be on forms provided by the license officer. (Ord. 1217 § 50, 1996).
5.32.040 License – Application – Investigation.
Upon receipt of such application, the license officer shall forward the application and any supporting documents to the police chief who shall make such investigation as he deems appropriate to determine the applicant’s qualifications to conduct such business. (Ord. 1255 § 21, 1996; Ord. 1217 § 51, 1996).
5.32.050 License – Fee.
The license fee shall be pursuant to FMC 5.01.110(B). (Ord. 1255 § 22, 1996; Ord. 1217 § 52, 1996).
5.32.060 Record book.
Every pawnbroker and secondhand dealer doing business in the city shall maintain wherever that business is conducted, a record book in which shall be legibly written in the English language, at the time of each transaction, the following information:
A. The signature of the person with whom the transaction is made;
B. The date of the transaction;
C. The name of the person or employee conducting the transaction;
D. The name, date of birth, sex, height, weight, race and address of the person with whom the transaction is made;
E. 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;
F. The price paid or the amount loaned;
G. 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
H. The nature of the transaction, a number identifying the transaction, the name and address of the business conducting the transaction, and the location of the property.
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, and shall be maintained wherever the business is conducted for three years following the date of the transaction. (Ord. 1217 § 53, 1996).
5.32.070 Operate as a pawnbroker.
No person may operate as a pawnbroker unless the person maintains a fixed place of business within the state. (Ord. 1217 § 54, 1996).
5.32.080 Notification by law enforcement agency that item or property is stolen.
Following notification from a law enforcement agency that an item of property has been reported stolen, the pawnbroker or secondhand dealer shall hold that property intact and safe from alteration, damage or commingling. The pawnbroker or secondhand dealer 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 applicable law enforcement agency or by order of a court of competent jurisdiction. The pawnbroker or secondhand dealer shall give 10 days’ written notice before the expiration of the 120-day holding period to the applicable law enforcement agency 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 applicable law enforcement agency may renew the holding period for additional 120-day periods as necessary. (Ord. 1217 § 55, 1996).
5.32.090 Report to the police chief.
Upon request, every pawnbroker and secondhand dealer doing business in the city shall furnish or mail within 24 hours to the police chief of the city, on such forms as are provided by the police chief, a full, true and correct transcript of the record of all transactions conducted on the preceding day within the jurisdiction of the police chief. If a pawnbroker or secondhand dealer 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 police chief, 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. 1217 § 56, 1996).
5.32.100 No sale within 15 days.
A. Property bought or received on consignment by a secondhand dealer with a permanent place of business in the city shall not be removed from that place of business, except consigned property returned to the owner, within 15 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 city, the state or any of its political subdivisions.
B. Property bought or received on consignment by a secondhand dealer without a permanent place of business in the state, shall be held within the city, except consigned property returned to the owner, for 15 days after receipt of the property. The property shall be available within the appropriate jurisdiction for inspection at reasonable times by any commissioned law enforcement officer of the city, the state or any of its political subdivisions.
C. Property bought or received in pledge by any pawnbroker shall not be removed from that place of business, except when redeemed by the owner, within 15 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 city, the state or any of its political subdivisions. (Ord. 1217 § 57, 1996).
5.32.110 Pawnbrokers authorized to charge and receive interest and other fees.
All pawnbrokers are authorized to charge and receive interest and other fees at the following rates for money loaned on the security of personal property actually received in pledge:
A. The interest shall not exceed:
1. For an amount loaned up to $19.99, interest at $1.00 per month;
2. For an amount loaned from $20.00 to $39.99, interest at the rate or $1.50 per month;
3. For an amount loaned from $40.00 to $75.99, interest at the rate of $2.00 per month;
4. For an amount loaned from $76.00 to $100.99, interest at the rate of $2.50 per month;
5. For an amount loaned from $101.00 to $125.99, interest at the rate of $3.00 per month;
6. For an amount loaned from $126.00 or more, interest at the rate of three percent a month.
B. The fee for preparation of documents, pledges or reports required under the laws of the United States of America, the state of Washington or the city shall not exceed:
1. For the amount loaned up to $4.99, the sum of $0.50;
2. For the amount loaned from $5.00 to $9.99, the sum of $2.00;
3. For the amount loaned from $10.00 to $19.99, the sum of $3.00;
4. For the amount loaned from $20.00 to $29.99, the sum of $4.00;
5. For the amount loaned from $30.00 to $39.99, the sum of $5.00;
6. For the amount loaned from $40.00 to $49.99, the sum of $6.00;
7. For the amount loaned from $50.00 to $59.99, the sum of $7.00;
8. For the amount loaned from $60.00 to $69.99, the sum of $8.00;
9. For the amount loaned from $70.00 to $79.99, the sum of $9.00;
10. For the amount loaned from $80.00 to $89.99, the sum of $10.00;
11. For the amount loaned from $90.00 to $99.99, the sum of $11.00;
12. For the amount loaned from $100.00 to $124.99, the sum of $12.00;
13. For the amount loaned from $125.00 to $149.99, the sum of $13.00;
14. For the amount loaned from $150.00 to $174.99, the sum of $14.00;
15. For the amount loaned from $175.00 to $199.99, the sum of $15.00;
16. For the amount loaned from $200.00 to $249.99, the sum of $16.00;
17. For the amount loaned from $250.00 to $299.99, the sum of $17.00;
18. For the amount loaned from $300.00 to $399.99, the sum of $18.00;
19. For the amount loaned from $400.00 to $499.99, the sum of $19.00;
20. For the amount loaned from $500.00 or more, the sum of $20.00.
C. Fees under subsection (B) of this section may be charged one time only during the term of the pledge.
A copy of this section, set in 12-point type or larger shall be posted prominently in each premises subject to this title. (Ord. 1217 § 58, 1996).
5.32.120 Selling property received in pledge.
A. A pawnbroker shall not sell any property 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 right, 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 forth 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. 1217 § 59, 1996).
5.32.130 Defaced numbers.
It is a gross misdemeanor under Chapter 9A.20 RCW for 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. (Ord. 1217 § 60, 1996).
5.32.140 False entry or misstatement.
It is a gross misdemeanor under Chapter 9A.20 RCW for 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 title. (Ord. 1217 § 61, 1996).
5.32.150 Purchase from certain persons.
It is a gross misdemeanor under Chapter 9A.20 RCW for any pawnbroker or secondhand dealer 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 or secondhand dealer 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 in his or her own behalf or as the agent of another; or any person to violate knowingly any other provisions of this title. (Ord. 1217 § 62, 1996).
5.32.160 Penalties.
Unless otherwise provided for in this chapter, any knowing violation of the provisions of this chapter or any knowing failure to comply with the requirements of this chapter shall be a misdemeanor. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 1217 § 63, 1996).
5.32.170 Application of Chapter 5.01 FMC.
In addition to the foregoing provisions of this chapter, the applicant and/or the licensee shall be subject to the requirements and criteria set forth in Chapter 5.01 FMC. (Ord. 1217 § 64, 1996).