CHAPTER 17
PAWNBROKERS
SECTION:
6-17-1: Definitions
6-17-2: Every Pawnbroker Must Keep Records
6-17-3: Transcript Of Record
6-17-4: Records To Be Open For Inspection
6-17-5: Goods Not To Be Removed From Pawnshops
6-17-6: Transactions Prohibited
6-17-7: Pawnshops To Be Closed During Certain Hours
6-17-8: Penalties
6-17-9: Pawnshop Property Hearings
6-17-1 DEFINITIONS:
PAWNBROKER: Every business who takes or receives by way of pledge, pawn or exchange, goods, wares or merchandise, or any kind of personal property whatever, for the repayment or security of any money loaned thereon or to loan money on deposit of personal property.
PAWNSHOP: Every place at which the business of pawnbroker is being carried on.
TRANSACTION: Any pledge, pawn, or exchange of goods, wares, or merchandise, or any kind of personal property whatever, for the repayment or security of any money loaned thereon or to loan money on deposit of personal property. (Ord. 5830, 12-12-16)
6-17-2 EVERY PAWNBROKER MUST KEEP RECORDS:
A. It shall be the duty of every pawnbroker to maintain at his place of business a bound book or record (but not a loose leaf record book) in which shall be legibly written, in ink, in the English language, at the time of such loan, exchange, purchase or sale, a record thereof containing, among others, the following information:
1. The date of the transaction.
2. The name of the business and, clerk, agent, or employee conducting the same.
3. The name, date of birth, street and house number, and the general description of the person with whom the transaction is held. The description shall include the sex, race, complexion, eye color, height, and weight.
4. A copy of a government issued picture identification.
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 description of the property bought or received in pledge, including all serial numbers and identifying markings, 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 case of jewelry shall contain a description of all letters and marks inscribed thereon.
a. Any item with a unique serial number (including, but not limited to, gift cards, electronics, power tools, as well as jewelry and watches) shall be identified and described on a separate line, resulting in one (1) item per line. There shall not be more than one (1) item per line.
b. Three (3) or more of the same or similar products without unique serial numbers, whether or not still new in the box, shall be identified as separate items.
8. The price paid or the amount loaned.
9. The number of any pawn tickets issued therefor.
10. The names and street and house numbers of all persons witnessing the transaction. Post office addresses are not acceptable.
11. The printed name and signature of the pawnbroker, his/her clerk, agent, or employee who conducted the recorded transaction.
B. Every pawnbroker, or his/her clerk, agent or employee who conducts a transaction shall verify the accuracy of the name and identification provided by the person with whom each transaction is had.
C. It shall be unlawful for any pawnbroker and every clerk, agent or employee of such pawnbroker to fail, neglect or refuse to make entry in any material matter in his record, as required by this Section, or to make any false entry therein, or to obliterate, destroy or remove from his place of business such record.
D. Anyone who pledges, sells or consigns any property to or within a pawnshop or pawnbroker as hereinabove defined, shall sign the record required to be kept by such dealer with his true name and shall include his correct residence address, and every pawnbroker, clerk, agent or employee of any pawnbroker shall require proper and adequate identification of such person. The identification shall include the name of the person, birthdate, sex, race and address of the person who pledges, sells, trades, or consigns the property. The signature shall be verified for correctness and legibility by the pawnbroker, clerk, agent or employee. (Ord. 5830, 12-12-16)
6-17-3 TRANSCRIPT OF RECORD:
A. Every pawnbroker, before twelve o’clock (12:00) noon of every business day, shall furnish to the Chief of Police a full, true, and correct transcript of the record of all transactions conducted on the preceding day. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the Chief of Police or the county’s chief law enforcement officer. This information may be transmitted to the applicable law enforcement agency electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of, and approval by, the Chief of Police or the county’s chief law enforcement officer.
B. Any pawnbroker having good cause to believe any property in his possession has been previously lost or stolen shall promptly report such fact to the Chief of Police, together with the name of the owner, if known, and the date of and name of the person from whom the same was received by such pawnbroker.
C. Every pawnbroker and every clerk, agent or employee of such pawnbroker who shall fail, neglect or refuse to make such report, or shall report any material matter falsely to the Chief of Police, shall be guilty of a violation of a misdemeanor, punishable pursuant to RMC 1-3-1. (Ord. 5227, 11-13-06)
6-17-4 RECORDS TO BE OPEN 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 police officer detailed for that purpose, all storage areas and all articles or things received, purchased or left in pledge and stored, with said pawnbroker shall at all times be open to inspection.
6-17-5 GOODS NOT TO BE REMOVED FROM PAWNSHOPS:
It shall be unlawful for any pawnbroker to remove any goods, articles or things purchased by him, or left with him in pledge, from his store or place of business until the expiration of thirty (30) days after the same were purchased, received or left in pawn, unless the said goods, articles or things have within the time specified, been inspected and approved for release by the Police Department, which such approval shall be in writing. (Ord. 5830, 12-12-16)
6-17-6 TRANSACTIONS PROHIBITED:
A. It shall be unlawful for any pawnbroker, his clerk, agent, or employee, to receive in pledge, or purchase, any article or thing from any person under eighteen (18) years of age, or from any person who is at the time intoxicated, 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 goods, or from any person whom he has reason to suspect or believe to be such. Notification by the Police Department to the licensee, clerk, agent or employee that a person has been convicted of burglary, larceny, receiving stolen goods or similar crime shall constitute sufficient notice of said conviction under the provisions of this Chapter and shall constitute prima facie evidence that such licensee, clerk, agent or employee had knowledge of such conviction.
1. Any pawnbroker, his/her clerk, agent, or employee conducting a transaction shall, before completing such transaction, determine whether the person pledging, pawning, selling, or exchanging property is a person from whom receipt of property is prohibited under RMC 6-17-6.A, above. To make such determination, said pawnbroker, clerk, agent, or employee shall consult Renton Police Department’s “Do Not Buy From” list. The Chief of Police is authorized to designate an on-line web based service, such as LeadsOnline, to identify individuals from whom pledge, pawn, purchase, or exchange of property is prohibited and adopt that as the Police Department’s “Do Not Buy From” list. The online web based service must require users to have passwords unique to each user.
The listing of an individual on the Police Department’s “Do Not Buy From” list shall constitute notice to any pawnbroker, clerk, agent, or employee that a person has been convicted of burglary, larceny, receiving stolen goods or similar crime and shall constitute prima facie evidence that such pawnbroker, clerk, agent, or employee had knowledge of such conviction.
2. The use of the unique password that is registered with LeadsOnline (or other online web based service, if such service is approved by the Chief of Police) by the pawnbroker, his/her agent, clerk, or employee who conducted the recorded transaction shall constitute compliance with RMC 6-17-2.A.11, above.
a. Reliance on this subsection to comply with the requirements of this Section shall constitute conclusive evidence that the password was used by the individual to whom that password is registered.
b. It shall be a violation of this Section for any person to use a password that is not registered to said person.
c. It shall be a violation of this Section for any person to allow (whether it be intentionally, recklessly, or negligently) the use of his or her password by anyone other than the registered user of the password.
d. It shall be a violation of this Section to allow any person to use a password other than the password that is registered to said person.
e. It shall be a violation of this Section for a pawnbroker to fail to ensure that his/her employees, agents, or clerks are using only the password that has been registered to that employee, agent, or clerk.
3. The fact of loaning money upon or purchasing goods from any of the classes of persons enumerated in this Section, after consulting the Renton Police Department’s “Do Not Buy From” list, shall be prima facie evidence of an intent to violate this Chapter.
B. A pawnbroker, his/her clerk, agent, or employee shall not take for pledge or sale two (2) or more of the same or similar item, whether or not the item is “new in the box”, by the same person, in the same day, without a sales receipt as proof of purchase.
C. A pawnbroker shall ensure that his/her clerks, agents, or employees who accept goods for pawn, pledge, exchange, or purchase are complying with the provisions of this Chapter, RMC 6-17. A failure to comply with this subsection shall be a misdemeanor, whether or not the clerk, agent, or employee is charged for a violation of any provision in this Chapter. (Ord. 5830, 12-12-16)
6-17-7 PAWNSHOPS TO BE CLOSED DURING CERTAIN HOURS:
It shall be unlawful for any pawnbroker to conduct or carry on the business of pawnbroker, in whole or in part, directly or indirectly, or to open, or keep open, his pawnshop for the transaction of any business whatsoever therein, between the hours of nine o’clock (9:00) P.M. and seven o’clock (7:00) A.M., except from December 15 to December 25 of each year, and on Saturdays, when pawnbrokers may remain open until, but not later than ten o’clock (10:00) P.M. (Ord. 3779, 2-19-83; amd. Ord. 4748, 10-12-98; Ord. 5830, 12-12-16. Formerly RMC 6-17-6)
6-17-8 PENALTIES:
A violation of any provision of this Chapter (RMC 6-17), or failure to perform any act required in this Chapter, shall be a misdemeanor. (Ord. 5830, 12-12-16)
6-17-9 PAWNSHOP PROPERTY HEARINGS:
A. The Police Department may seize property held by a pawnshop if they have a reasonable belief that:
1. The property is the subject of a theft or other crime by which it has been criminally obtained, or
2. The lawful owner has claimed the property.
B. If the pawnshop notifies the Police Department, in writing, of its claim of ownership or right to possession of items seized within thirty (30) days of the hold being placed, the pawnshop shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the Chief of Police or his designee. The burden of producing evidence shall be upon the pawnshop to prove that the claim of the rightful or purported lawful owner is invalid or lesser than or subordinate to that of the pawnshop.
C. If the pawnshop doesn’t notify the Police Department, in writing, of its claim of ownership or right to possession of the property within thirty (30) days of notice of the hold, the proprietary interest of the pawnshop in the item shall be deemed forfeited.
D. When the Police Department places a hold on pawnshop property at the request of another law enforcement agency, the claim of the pawnshop shall be with that outside agency and no hearing will be held under this Section.
E. The pawnshop requesting the hearing shall be required to pay a filing fee of fifty dollars ($50.00) prior to the date of the hearing. This amount shall be refunded if the Chief of Police or his designee finds in favor of the pawnshop. (Ord. 4375, 10-26-92; Ord. 5830, 12-12-16. Formerly RMC 6-17-7)