Chapter 5.64
PAWNBROKERS AND
SECONDHAND DEALERS
Sections:
5.64.050 Duty to record transactions – Contents.
5.64.060 Inspection of records and goods.
5.64.070 Report to chief of police.
5.64.080 Retention of property – Time limit.
5.64.090 Certain transactions prohibited.
5.64.100 Rates of interest and other fees.
5.64.110 Acts constituting misdemeanors designated – Penalty.
5.64.010 Definitions.
(1) 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, shall be deemed to be a “pawnbroker.”
(2) Every person engaged in whole or in part in the business of buying or selling secondhand weapons, tools, electronic appliances, jewelry, silverware, precious metals or metal junk shall be deemed to be a “secondhand dealer.” (Ord. 1688, 1989; Ord. 1109 § 1, 1980).
5.64.020 License – Required.
No persons or business entities shall engage in the business of being a pawnbroker or secondhand dealer without first obtaining and being a current holder of a valid and subsisting business license issued by the city pursuant to Chapter 5.02 MMC. One such license shall be required for each business premises. (Ord. 1576 § 1, 1987; Ord. 1109 § 2, 1980).
5.64.050 Duty to record transactions – Contents.
It shall be the duty of every pawnbroker and secondhand dealer doing business in the city to maintain in his place of business a book or other permanent record in which shall be legibly written in the English language, at the time of each loan, purchase or sale, a record 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 a general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had;
(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 the case of jewelry shall contain a description of all letters and marks inscribed thereon; provided, that when the article bought or received is furniture, or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient;
(7) The price paid or the amount loaned;
(8) The names and street and house numbers of all persons witnessing the transaction; and
(9) The number of any pawn ticket issued therefor. (Ord. 1109 § 5, 1980).
5.64.060 Inspection of records and goods.
Such record, and all goods received, shall at all times during the ordinary hours of business be open to the inspection of the chief of police or his designee. (Ord. 1109 § 6, 1980).
5.64.070 Report to chief of police.
Every pawnbroker and secondhand dealer doing business in the city shall, before noon of each day, have ready for inspection by the chief of police, or his designee, on such forms as the city may provide therefor, a full, true and correct transcript of the record of all transactions had on the preceding day, and, having good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police or his designee, together with the name of the owner, if known, and the date when, and the name of the person from whom the same was received by him. (Ord. 1109 § 7, 1980).
5.64.080 Retention of property – Time limit.
No property bought or received in pledge by any pawnbroker or secondhand dealer shall be removed from his place of business, except when redeemed by the owner thereof, within 15 days after the receipt thereof shall have been reported to the chief of police, or his designee, as provided in this chapter. (Ord. 1720, 1989; Ord. 1109 § 8, 1980).
5.64.090 Certain transactions prohibited.
It shall be unlawful for any pawnbroker or secondhand dealer, his clerk or employee, to receive in pledge or purchase any article or thing from any person under 18 years of age, or from any person who was at the time intoxicated or under the influence of drugs, 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 who he has reason to suspect or believe to be such. (Ord. 1109 § 9, 1980).
5.64.100 Rates of interest and other fees.
It shall be unlawful for a pawnbroker to charge and receive interest and other fees at rates in excess of that provided for in RCW 19.60.060. (Ord. 1109 § 10, 1980).
5.64.110 Acts constituting misdemeanors designated – Penalty.
Every pawnbroker or secondhand dealer, and every clerk, agent or employee of such pawnbroker or secondhand dealer, who shall:
(1) Operate a pawnbroker or secondhand dealer business for which no license has been issued; or
(2) Fail to make an entry of any material matter in the books and records referred to above in this chapter; or
(3) Make any false entry therein; or
(4) Falsify, obliterate, destroy or remove from his place of business such book or record; or
(5) Refuse to allow the chief of police or his designee to inspect the same, or any goods in his possession, during the ordinary hours of business; or
(6) Report any material matter falsely to the chief of police or his designee; or
(7) Fail to have available before inspection by the chief of police or his designee a true and correct transcript of the record of all transactions had on the previous day; or
(8) Fail to report forthwith to the chief of police or his designee the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom, the same was received by him; or
(9) Remove or allow to be removed from his place of business, except upon redemption by the owner thereof, any property received, within four days after the receipt thereof shall have been reported to the chief of police or his designee; or
(10) Receive any property from a person from whom transactions are prohibited, as provided above in this chapter; shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed $500.00, or by imprisonment in jail for not more than six months, or by both such fine and imprisonment. Each day in which a violation continues shall constitute a separate offense. (Ord. 1109 § 11, 1980).