Chapter 5.64
PAWNBROKERS AND SECONDHAND DEALERS
Sections:
5.64.010 State statutes adopted.
5.64.025 Application of this chapter.
5.64.035 License – Application – Accompanying forms – Bond.
5.64.040 Additional reporting requirements.
5.64.045 Unlawful to alter goods.
5.64.050 Unlawful to do business with persons failing to supply required information.
5.64.010 State statutes adopted.
Chapter 19.60 RCW, Pawnbrokers and Secondhand Dealers, and Chapter 19.290 RCW, Metal Property, as now in force or hereafter amended, added to or deleted from, are adopted by reference. (Ord. 3222 § 1, 2012).
5.64.020 Violation – Penalty.
Violation of Chapters 19.60 and 19.290 RCW, as adopted by reference in LMC 5.64.010, is a gross misdemeanor punishable by a fine of not exceeding $5,000, imprisonment not exceeding one year, or both. (Ord. 3222 § 1, 2012).
5.64.025 Application of this chapter.
In addition to the exemptions provided for by RCW 19.60.085, this chapter shall not apply to the following:
(1) Purchasers and/or sellers of personal property the ownership of which is evidenced by a certificate of ownership issued by a state or federal government;
(2) Nonprofit organizations; and
(3) Those obtaining and selling postcards, books, magazines or any article of clothing of de minimus value. (Ord. 3222 § 1, 2012).
5.64.030 Annual license fee.
Any pawnbroker or secondhand dealer shall, before engaging in business within the city, apply for and secure a license to engage in, conduct, and transact such a business, the fee for which license shall be the sum of $100.00, in addition to the standard business license fee. (Ord. 3222 § 1, 2012).
5.64.035 License – Application – Accompanying forms – Bond.
Every applicant, before receiving such license, shall provide a surety bond to the city in the penal sum of $10,000, conditioned upon due observance of all ordinances of the city relating to pawnbrokers and secondhand dealers. All such licenses shall expire on the thirty-first day of December of every year. (Ord. 3222 § 1, 2012).
5.64.040 Additional reporting requirements.
In addition to the reporting requirements contained in RCW 19.60.025 and 19.290.020, each pawnbroker or secondhand dealer shall be required to report electronically with LeadsOnline or a similar entity as designated by the chief of police; provided, however, that the reporting requirements of this chapter shall apply only to property exchanges made after the effective date of the ordinance codified in this chapter and the implementation of the LeadsOnline system.
Each pawnbroker or secondhand dealer shall operate and maintain a computer system with Internet access and photographic or video capability sufficient for the electronic reporting requirements of this chapter. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the reporting requirements of Chapters 19.60 and 19.290 RCW and this section. The licensee shall immediately notify the police department of any such failure or malfunction, and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license revocation.
In addition to the information required to be reported by Chapters 19.60 and 19.290 RCW each pawnbroker or secondhand dealer doing business in the city of Longview shall obtain a photographic image of a photo ID card of the seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be currently valid (not expired) card issued by a government entity of the United States, and must include the pawner/seller’s first and last name, current address, date of birth and physical descriptors. In the event the card is valid but does not contain the seller’s current address, the licensee must separately record and report the current address. Any property exchanged in a transaction with a value of $100.00 or more shall be digitally photographed, sufficiently detailed to allow reasonable identification of each article, and reported as required by the chief of police, unless such property bears a valid and unique serial number that is permanently inscribed on the property.
Every piece of jewelry, scrap jewelry or scrap precious metal over $100.00 in value, whether by individual value or collective value of items pawned by an individual, shall be digitally photographed and submitted to the LeadsOnline system. (Ord. 3222 § 1, 2012).
5.64.045 Unlawful to alter goods.
Pawnbrokers or secondhand dealers shall not alter an item for 30 days after receipt. (Ord. 3222 § 1, 2012).
5.64.050 Unlawful to do business with persons failing to supply required information.
It is unlawful to receive or purchase in any manner any goods or articles or make any advance or loan whatever on the same if the person or persons pawning, pledging, depositing or selling the same shall refuse to make known his, her, or their names, to submit to a general description, or shall refuse to make known the name or names of the person or persons for whom the same were pawned, pledged, deposited or sold, or knowingly make any false entry of any matter or thing required to be made in said book or cause or permit the same to be made. (Ord. 3222 § 1, 2012).