Chapter 5.16
PAWNBROKERS AND PAWNSHOPS*
Sections:
5.16.020 Pawnbroker’s license—Required—Fee—Late payment.
5.16.030 Pawnbroker’s license—For each place of business.
5.16.040 Duty to record transactions.
5.16.050 Retention of property.
5.16.060 Report of lost or stolen goods.
5.16.080 Purchasing goods from minors.
5.16.090 Pawnbroking unlawful when.
* Prior ordinance history: Ord. 82-18.
5.16.010 Definitions.
For the purposes of this chapter, the following words have the following meanings:
A. “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.
B. “Pawnshop” means every place at which the business of pawnbroking is being carried on. (Ord. 96-30 § 6 (part), 1996)
5.16.020 Pawnbroker’s license—Required—Fee—Late payment.
A. It is unlawful for anyone to engage in the business of pawnbroking or to conduct a pawnshop without a pawnbroker’s license.
B. The fee for such a license is set forth in Section 3.12.040(G). The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for a pawnbroker’s license is made and shall not be prorated for any part of the year. Annual license renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year.
C. Any person, firm or corporation required to obtain a pawnbroker’s license under this chapter which fails to obtain and pay the license fee prior to February 1st shall, in addition to any other penalties provided in this chapter, be assessed the sum of ten dollars per month as a penalty for each month. Such late application and/or payment is overdue until paid. (Ord. 2003-16 § 14, 2003; Ord. 96-30 § 6 (part), 1996)
5.16.030 Pawnbroker’s license—For each place of business.
Any person having more than one place of business where pawnbroking is being carried on is required to procure a separate license for each and every such place of business. (Ord. 96-30 § 6 (part), 1996)
5.16.040 Duty to record transactions.
It is the duty of every pawnbroker doing business in the city of Poulsbo to maintain in the pawnbroker’s 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 thereof containing:
A. The date of the transaction;
B. The name of the person or employee conducting the transaction;
C. The name, age, street and house number, signature, and a general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had;
D. The name, street and house number of the owner of the property bought or received in pledge;
E. The street and house number of the place from which the property bought or received in pledge was last removed;
F. 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 is sufficient;
G. The price paid or the amount loaned. (Ord. 96-30 § 6 (part), 1996)
5.16.050 Retention of property.
No property bought or received in pledge by any pawnbroker shall be removed from the pawnbroker’s place of business within four days after the receipt thereof, except when redeemed by the owner thereof. (Ord. 96-30 § 6 (part), 1996)
5.16.060 Report of lost or stolen goods.
Every pawnbroker doing business in the city of Poulsbo shall forthwith report to the chief of police any property received or in their possession which they have good cause to believe to have been previously lost or stolen, together with the name of the owner, if known, and the date and the name of the person from whom it was received by the pawnbroker. (Ord. 96-30 § 6 (part), 1996)
5.16.070 Unredeemed pledges.
Any and all unredeemed pledges shall be kept for a period of not less than four months after the expiration of the time stated on the pawn ticket issued thereof, before such article is sold. (Ord. 96-30 § 6 (part), 1996)
5.16.080 Purchasing goods from minors.
In case goods are bought or received from any person under eighteen years of age, the pawnbroker, employees or agents of said pawnbroker buying or receiving such articles of value, shall demand and receive of such person a written authority from the person owning such articles, giving full authority to the person to sell them and such written authority shall be received and placed on file by the person receiving such goods, and be part of the record of the transaction. (Ord. 96-30 § 6 (part), 1996)
5.16.090 Pawnbroking unlawful when.
It is unlawful for any person to conduct the business of pawnbroking in the city of Poulsbo between the hours of seven p.m. and seven a.m. of each day, except that from December 15th to December 25th of each year, during which time pawnbrokers may conduct business between the hours of seven a.m. and ten p.m. (Ord. 96-30 § 6 (part), 1996)
5.16.100 Violation—Penalty.
A. Every pawnbroker and every clerk, agent or employee of such pawnbroker who:
1. Fails to make an entry of any material matter in the books or records kept as provided in Section 5.16.040; or
2. Makes any false entry therein; or
3. Falsifies, obliterates, destroys or removes from the place of business such book or records; or
4. Refuses to allow the chief of police or his/her designee to inspect it, or any goods in the possession of the pawnbroker during the ordinary hours of business; or
5. Reports any material matter falsely to the chief of police or his/her designee; or
6. Fails to report forthwith to the chief of police the possession of any property which the pawnbroker 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 property was received by the pawnbroker; or
7. Removes or allows to be removed from the pawnbroker’s place of business, except upon redemption by the owner thereof, any property received, within four days of receipt thereof; or
8. Receives any property from any person under the age of eighteen years, except as provided in Section 5.16.080, any common drunkard, any habitual user of narcotic drugs, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of such thief or receiver of stolen property; shall be guilty of a misdemeanor, and, upon conviction, shall be punished by imprisonment in jail for a term not exceeding ninety days or by a fine in an amount not more than one thousand dollars, or by both such fine and imprisonment. Upon such conviction, the city may revoke the pawnbroker’s license.
B. Except for violations designated as misdemeanors in subsection A of this section, any person and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the provisions of this chapter shall have committed a civil infraction and, upon a determination by the Poulsbo municipal court that such infraction has been committed, shall pay a civil monetary penalty to the city of a sum not to exceed two hundred dollars. In addition, each and every day during any portion of which a violation of any provision of this chapter, except as set forth in subsection A of this section, is committed, continued or permitted constitutes a separate infraction. Penalties collected pursuant to this section shall be deposited in the city’s general fund to be used for general purposes of the city.
C. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto.
D. Any person deemed to have committed an infraction under subsection B of this section who shall fail to come into compliance, or remain in compliance, with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment and jail for a term not exceeding ninety days or by a fine in an amount not more than one thousand dollars, or both such fine and imprisonment. Each day that such condition or violation continues shall be regarded as a new and separate offense and shall be punishable accordingly. (Ord. 96-30 § 6 (part), 1996)