Chapter 5.20
PAWNBROKERS
Sections:
5.20.050 Records inspection and maintenance.
5.20.060 Records to be provided to city police department.
5.20.080 Time limit before sale of property.
5.20.090 Police department duties.
5.20.100 Pawnbrokers duties regarding lost or stolen property.
5.20.110 Time for holding property prior to sale.
5.20.130 Violation constitutes a misdemeanor.
5.20.140 Repealed.
5.20.010 Pawnbrokers defined.
A “pawnbroker” as used herein is any person, association or corporation engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits or conditional sales of personal property. (Ord. 05-017 § 2, 2005).
5.20.020 Age restrictions.
It is unlawful for any person, association or corporation to operate as a pawnbroker without first obtaining a license pursuant to the provisions of this chapter; provided, that no such license shall be granted or issued to any person under the age of 18 years or to any association or corporation whose managing agent is under the age of 18 years. (Ord. 05-017 § 2, 2005).
5.20.030 License period.
A license required under this chapter shall be valid from the time it is issued and shall expire on December 31st of the year the license is issued. Pawnbrokers’ licenses shall be issued by the Spokane Valley police department. (Ord. 05-017 § 2, 2005).
5.20.040 Records required.
It shall be the duty of every pawnbroker doing business in the City to maintain at his or her place of business a 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 same;
C. The name, age, sex, date of birth, street and house number, and a general description of the height, weight, race, color of hair and eyes of the person with whom the transaction is had;
D. The name and 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, and in the case of all other personal property the serial number of all articles so marked and any inscriptions or identifying marks, as well as the brand or manufacturer’s name;
G. The amount of money loaned or paid for the property;
H. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver’s license or identification card issued by any state or two pieces of identification issued by a governmental 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;
I. A digital photograph of the person(s) with whom each transaction is made. The digital photograph must be with a digital camera producing at least 2.0 megapixel quality images. The digital photograph shall include the person(s) face, and be taken from no more than five feet from the person(s); and
J. The number of any pawn ticket issued therefor. (Ord. 05-017 § 2, 2005).
5.20.050 Records inspection and maintenance.
The records required by SVMC 5.20.040, and all personal property received by a pawnbroker, shall be open to inspection of a representative of the city police department during regular business hours if regular hours are kept, or upon 12 hours’ notice if regular hours are not kept. Said records shall be maintained and available for inspection by the licensee for a period of three years from the date of the last transaction recorded therein. (Ord. 05-017 § 2, 2005).
5.20.060 Records to be provided to city police department.
Each person, association, or corporation regulated by this chapter has an affirmative duty to furnish a full, true and correct transcript of the records of transactions conducted on the preceding day. This requirement is for the records required by SVMC 5.20.040. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the city police department. This information shall be transmitted to the city police department electronically, or by modem or similar device, or by delivery of a computer storage device such as a disk, CD-ROM or other similar device, subject to the requirements of, or approval by, the city police department. (Ord. 05-017 § 2, 2005).
5.20.070 Pawn tickets.
Every pawnbroker shall issue pawn tickets for any property received by him/her as a pledge or security for a loan, which ticket shall be considered a receipt for such property. Tags shall be attached to all such property, and upon each tag shall be written in legible figures a number which shall correspond to the number on the pawn ticket issued for said property. (Ord. 05-017 § 2, 2005).
5.20.080 Time limit before sale of property.
No pawnbroker shall sell any property held by him/her as security for a loan until 90 days have expired from the time period of redemption has expired. (Ord. 05-017 § 2, 2005).
5.20.090 Police department duties.
It shall be the duty of the city police department to furnish training to each pawnbroker, a copy of this chapter, and such forms and/or transmittal requirements as shall be required by the city police department under SVMC 5.20.060. The city police department shall enforce the provisions of this chapter, and maintain a record of all reports required hereunder, and shall periodically/regularly inspect the records of each pawnbroker. (Ord. 05-017 § 2, 2005).
5.20.100 Pawnbrokers duties regarding lost or stolen property.
A. Duty to Hold Property When Advised by City Police Department. Following verbal or written notification from the city police department or other law enforcement agency with jurisdiction that an item of property has been reported as stolen, the pawnbroker shall hold that property intact and safe from alteration, damage, or commingling with other property. The pawnbroker shall immediately place an identifying tag or other suitable identification upon the property so held. Property under verbal hold shall not be released for 21 days from the date of notification by the applicable law enforcement agency. Property under a written hold shall not be released for 120 days from the date of notification from the applicable law enforcement agency unless released by written consent of the applicable law enforcement agency or by order of a court of competent jurisdiction.
B. Time Limit of Written Hold. The pawnbroker may give a 20-day written notice before the expiration of the 120-day holding period to the applicable law enforcement agency requesting release of the stolen property. If said notice is not received within 20 days by the applicable law enforcement agency, then the written hold on the property shall continue for an additional 120 days.
C. Renewal of Hold. The city police department or other applicable law enforcement agency may renew the written hold period for an additional 120 days by submitting a new written request to hold the property prior to expiration of the original hold period.
D. Criteria for Hold. The city police department shall not place a hold on any item unless it suspects that such item is lost or stolen. Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost.
E. Seizure in Lieu of Police Hold. In lieu of a law enforcement hold identified in this section, any law enforcement officer, having probable cause to believe that any property taken by a pawnbroker by way of pledge, or purchase, or pawn or exchange is stolen property, may seize such item at any time. In the event of such a seizure, the pawnbroker shall be entitled to written receipt for the item from the seizing officer. (Ord. 05-017 § 2, 2005).
5.20.110 Time for holding property prior to sale.
Every pawnbroker who receives personal property in pledge or as security for a loan shall hold such property for redemption by the pledgor thereof for 90 days after the receipt of the property, and shall not sell or assign his interest therein during said redemption period. (Ord. 05-017 § 2, 2005).
5.20.120 License application.
The application for a pawnbroker’s license shall be accompanied by the form of agreement to be used by the persons seeking loans, accompanied with a photo of the applicant and also by a copy of the certificate or ticket to be issued by the pawnbroker to persons accepting loans, and in addition to the provisions of this chapter, every applicant for a pawnbroker’s license shall comply with and be bound by the provisions of any other ordinance or provision of law not in conflict with this chapter and the general laws of the state of Washington relating to pawnbrokers. Each pawnbroker shall be required to obtain a City business registration. (Ord. 05-017 § 2, 2005).
5.20.130 Violation constitutes a misdemeanor.
Every pawnbroker and every clerk, agent or employee of such pawnbroker is guilty of a misdemeanor who shall:
A. Fail to make an entry of any material matter in his/her book or record kept as provided for in this chapter; or
B. Make any false entry therein; or
C. Falsify, obliterate, destroy, or remove from his/her place of business such record for three years following the date of the last recorded transaction therein; or
D. Refuse to allow the city police department to inspect any record that the pawnbroker is required to keep pursuant to this chapter; or
E. Report any material matter falsely to the city police department; or
F. Having forms provided therefor, shall fail before noon of each day to furnish the city police department with a full, true and correct transcript of the records required by SVMC 5.20.040 that occurred on the preceding day. Any transactions that occur on a Saturday or Sunday are to be reported on the next following Monday; or
G. Fail to report forthwith to the city police department the possession of any property which he/she may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and any identifying information on the person who brought such lost or stolen property to the pawnbroker; or
H. Remove, or allow to be removed from his/her place of business, except upon redemption by the lawful owners thereof, any property received, during the redemption period as provided herein and/or for five days following the time the receipt thereof shall have been reported to the city police department; or
I. Receive any property from any person under the age of 18 years, any person in a condition of apparent intoxication, or any known thief or receiver of stolen property, whether such person is acting on his/her own behalf or represents themselves to be the agent of another; or
J. Violate any provisions of this chapter or other ordinance of the City having application to the business or persons herein regulated. (Ord. 05-017 § 2, 2005).
5.20.140 Grace period.
Repealed by Ord. 12-004. (Ord. 05-017 § 2, 2005).