Chapter 5.08
SECONDHAND DEALERS AND PAWNBROKERS
Sections:
5.08.020 License – Application – Fee.
5.08.030 License to be displayed.
5.08.050 Inspection authority.
5.08.060 Report of lost or stolen property.
5.08.070 Retention of property.
5.08.080 Sale of pledged property.
5.08.090 Receiving property from certain persons prohibited.
5.08.010 Definitions.
The words set forth in this section shall for the purposes of construing this chapter be defined as follows:
A. “Pawnbrokers” means and includes every person engaged in whole or in part in the business of loaning money on the security of pledges of personal property, or deposits, or conditional sales of personal property, or the purchase or sale of personal property.
B. “Secondhand dealer” means and includes 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, but not limited to, metal, junk, melted metals, precious metals. Secondhand dealer also includes persons or entities conducting business at flea markets or swap meets, more than three times per year. (Ord. 94-1 § 1, 1994).
5.08.020 License – Application – Fee.
It is unlawful for any person in any manner to engage in or conduct any business as a secondhand dealer or pawnbroker within the county, outside the limits of incorporated cities and towns, without first having in full force and effect a secondhand dealer’s license issued by the county. Application for such license shall be made to the sheriff of the county upon a form to be furnished by the sheriff, requiring such information as may be reasonably related to the ownership and conduct of such business. The fee for such license shall be the sum of $25.00 for each calendar year or part thereof. (Ord. 94-1 § 2, 1994).
5.08.030 License to be displayed.
Licenses issued to secondhand dealers and pawnbrokers shall at all times be prominently displayed at the principal place of business of the licensee in Okanogan County, Washington. No person may operate as a pawnbroker or secondhand dealer unless the person maintains a fixed place of business within the county. (Ord. 94-1 § 3, 1994).
5.08.040 Record keeping.
A. It shall be the duty of every secondhand dealer or pawnbroker required to be licensed under this chapter to maintain in his/her place of business in the county a book or other permanent record in which shall be legibly written in the English language at the time of each purchase, sale, or loan a record thereof containing 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, agent, or employee or the identification number of the person or employee conducting the transaction;
4. The name, date of birth, sex, height, weight, race, 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 made, property bought or received in pledge;
5. The name and street and house number of the owner of the property bought or received in pledge;
6. The street and house number of the place from which the property bought or received in pledge was last removed;
7. A complete description of the property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, pattern and color of stone or stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle, or shotgun;
8. The price paid or the amount loaned;
9. The name, street and house number of all persons witnessing the transaction;
10. The number of any pawn ticket issued therefor;
11. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid drivers license or identification card issued by any state, or two pieces of identification issued by a government agency, one of which shall be descriptive of the person identified. At all times, one piece of current government issued picture identification will be required; and
12. The nature of the transaction, a number identifying the transaction, the store identification as designated by the applicable law enforcement agency, or the name and address of the business and the name and address of the person or employee conducting the transaction, and the location of the property.
B. The 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 that business is conducted for three years following the date of transaction. No person may operate as a pawnbroker or secondhand dealer unless the person maintains a fixed place of business within the county. (Ord. 94-1 § 4, 1994).
5.08.050 Inspection authority.
Such record, and all goods received, shall at all times during the ordinary hours of business be open to the inspection of the county prosecutor or any peace officer. (Ord. 94-1 § 5, 1994).
5.08.060 Report of lost or stolen property.
Every secondhand dealer and pawnbroker required to be licensed under this chapter shall, if he/she has good cause to believe that any property in his possession has been previously lost or stolen, forthwith report such fact to the sheriff of Okanogan County, 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/her. (Ord. 94-1 § 6, 1994).
5.08.070 Retention of property.
No property bought or received in pledge by any secondhand dealer or pawnbroker required to be licensed hereunder shall be removed from his/her place of business, except when redeemed by or returned to the owner thereof, within 30 days after the receipt of the property, nor shall any such property be changed or altered during said period. 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. (Ord. 94-1 § 7, 1994).
5.08.080 Sale of pledged property.
A secondhand dealer or pawnbroker shall not sell any property received in pledge, until both the term of the loan and a grace period of a minimum of 60 days has expired. However, if pledged article is not redeemed within the 90-day period of both the term of the loan and the grace period, the secondhand dealer or pawnbroker shall have all rights, title, and interest of the item of personal property. (Ord. 94-1 § 8, 1994).
5.08.090 Receiving property from certain persons prohibited.
It shall be unlawful for any secondhand dealer or pawnbroker required to be licensed hereunder, his clerks, agents or employees, to receive any property from any person under the age of 18 years, any person under the influence of intoxicating liquor and/or drugs, or from any person who is 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 behalf or the agent of another, or from any person who he has reason to suspect or believe to be such. (Ord. 94-1 § 9, 1994).
5.08.100 Penalties.
Any secondhand dealer or pawnbroker, or the clerk, agent, or employee of such secondhand dealer or pawnbroker, or any other person violating or failing to comply with any of the terms or provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Chapter 1.28 OCC. (Ord. 94-1 § 10, 1994).