Chapter 5.15
PAWNBROKER LICENSE
Sections:
5.15.010 Pawnbroker, secondhand dealer defined.
5.15.030 Business license and regulatory license required.
5.15.040 Application – Contents.
5.15.050 Application fee and renewals.
5.15.060 Police investigation.
5.15.100 Daily report to police chief.
5.15.110 Records available for inspection.
5.15.120 License suspension or revocation.
5.15.010 Pawnbroker, secondhand dealer defined.
For the purpose of this chapter, the term “pawnbrokers and secondhand dealers” means every person who takes or receives by way of pledge or pawn goods, wares, merchandise, or any kind of personal property thereon, or who loans money on deposit of personal property, or anyone who, as a business, primarily engages in the purchase or sale of secondhand goods, or who keeps any store, shop, room or place where secondhand goods of any kind or description are bought, sold, bartered, pledged or pawned. This shall not include used car dealers. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
(1) “Director” shall mean the Oak Harbor finance director or designee. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.030 Business license and regulatory license required.
Every person, firm or corporation who is termed a pawnbroker, as used in this chapter, must first obtain a business license issued under Chapter 5.01 OHMC, and a pawnbroker license as required by this chapter to do so. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.040 Application – Contents.
In order to obtain a pawnbroker license, an applicant must file a written application with the finance department containing the following:
(1) Identification of the business, as for issuance of a business license under Chapter 5.01 OHMC;
(2) Bond in the amount of $10,000; and
(3) Any other information as required by the Oak Harbor police department. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.050 Application fee and renewals.
(1) Application. Upon submission of the application, the applicant must pay the nonrefundable application fee in full per the master fee schedule adopted by resolution of the city council.
(a) If the applicant is approved, the application fee serves as the first-year license fee.
(b) The application fee includes the cost of local records and WATCH criminal background checks.
(c) Incomplete applications will not be accepted.
(2) Annual Renewals.
(a) Process. Pawnbroker license renewals will be processed pursuant to OHMC 5.01.110(2).
(b) Fees. Pawnbroker license renewal fees per the master fee schedule adopted by resolution of the city council must be paid in full.
(c) Informational Changes. The pawnbroker license holder must submit any changes of the information required per OHMC 5.15.030 to the city simultaneously with the license renewal fee. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.060 Police investigation.
(1) Upon receipt of a completed application for a pawnbroker license, a copy of the original will be referred to the police department for investigation of the applicant.
(2) The investigation must include review of any felony, misdemeanor, and traffic convictions which have occurred in the last 10 years by conducting local records and Washington Access to Criminal History (WATCH) background checks. The investigation must also list any discrepancies which may prevent the approval of the applicant including, but not limited to, unsatisfactory criminal history of felony, misdemeanor, or traffic convictions that are directly related to fitness for a pawnbroker license.
(3) The applicant must show that he or she has and will maintain a permanent place of business in the city of Oak Harbor, and that the applicant understands the rules and regulations pertaining to the pawnbroker business. This includes the place or places where identifying marks are on items of property. Prior suspension or revocation of a license may be grounds for refusal of a pawnbroker license.
(4) The police department must forward its findings to the director as soon as reasonably possible. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.070 Issuance or denial.
The director must issue or deny the license based on the review of the police department findings. In the event of a denial, the director must notify the applicant of the denial and the procedures for appeal pursuant to Chapter 1.24 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.080 Records required.
(1) It shall be the duty of every pawnbroker to maintain at the place of business books or other permanent records. Records shall be legibly written in the English language at the time of any loan, purchase or sale, a record thereof containing:
(a) The date of the transaction;
(b) The name, printed and written, age, address of the person with whom the transaction was made;
(c) Driver’s license number or other appropriate identification;
(d) The complete description of the property bought or received in pledge shall be entered legibly in the record by the pawnbroker; the complete 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, a description of all letters and marks inscribed thereon, type of stone, and color of items, such as white gold, type of setting, etc.; and
(e) The number of any pawn tickets issued therefor.
(2) It is unlawful for any pawnbroker and every clerk, agent or employee of such pawnbroker to fail, neglect or refuse to make entry of any material matter in his or her records, as required by this section, or to make any false entry therein, or to obliterate or remove from his or her place of business such record. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.090 Pledger information.
Anyone who pledges, sells or consigns any property to or with a pawnbroker must sign the records required to be kept by such dealer with his or her true name and must include the license holder’s correct residence address. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.100 Daily report to police chief.
It shall be the duty of every pawnbroker, before 12:00 noon of every business day, to report to the chief of police on a form to be furnished by the police department, a full, true and correct transcript of the record of all transactions made the preceding day. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.110 Records available for inspection.
All books and other records of any pawnbroker, relating to purchase, pledge, exchange, barter 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 any law enforcement detailed for that purpose, and all articles or things received, purchased or left in pledge with the pawnbroker shall at all times be open for inspection. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.120 License suspension or revocation.
A pawnbroker license may be revoked by the finance department, upon recommendation of the police department, subject to appeal pursuant to OHMC 5.15.130. Pawnbroker licenses may only be revoked for good cause including, but not limited to:
(1) Fraud, misrepresentation, or false statement contained in the application for license;
(2) Any felony or misdemeanor conviction directly related to the fitness of permittee to carry on the business of pawnbroker;
(3) Any violations of the provisions of this chapter; or
(4) Conviction of a felony, gross misdemeanor, assault or sexual offense as defined under state law or an offense which is similar to those defined in Chapter 9A.44 RCW. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.130 Appeals.
Appeal from the decision of the finance director shall be in accordance with the provisions of Chapter 1.24 OHMC as now in effect or hereafter amended. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.140 Enforcement.
The chief of police shall have the administrative authority to implement and enforce this chapter. The chief of police or finance department, or both, may adopt rules and regulations for its administration not inconsistent with this chapter. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).
5.15.150 Violations.
Violations of this chapter shall constitute a civil offense and shall be governed by the procedures of Chapter 1.28 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1847 § 2, 2018).