Chapter 5.40
PAWNBROKERS AND SECONDHAND DEALERS
Sections:
5.40.030 License – Application.
5.40.060 License – Appeal from denial.
5.40.070 Duty to record transactions.
5.40.110 Rates of interest and redemption.
5.40.120 Violations – Penalty.
5.40.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
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. “Secondhand dealer” means every person engaged, in whole or in part, in the business of buying or selling secondhand personal property, metal junk or melted metals; provided, however, this chapter shall not be construed to apply to dealers when they accept a secondhand article in exchange for a new article of the same character, nor to bona fide, registered charitable or nonprofit organizations, nor to the motor vehicle dealers and salesmen governed by the provisions of Chapter 46.70 RCW. (Ord. 264 § 1, 1982).
5.40.020 License – Required.
No person shall engage in any business defined in YMC 5.40.010 without first obtaining a city business license pursuant to the provisions of Chapter 5.02 YMC and the provisions of this chapter. (Ord. 1046 § 14, 2018; Ord. 264 § 2, 1982).
5.40.030 License – Application.
Before a license shall be issued as provided for in this chapter, an application therefor shall be filed with the director through the Business Licensing Service. Such application shall be accompanied by the business license fee required under Chapter 5.02 YMC. Such application shall contain:
A. The full name and residence address of the applicant;
B. The location where the business is to be conducted;
C. The mailing address of the business; and
D. The nature of the business to be conducted. (Ord. 1046 § 15, 2018; Ord. 264 § 3, 1982).
5.40.040 License – Issuance.
Within five days after receipt of the information regarding an application for a license by a business conducting activities governed by this chapter, the director shall refer the application to the police chief who shall investigate the character of the applicant. The police chief is authorized to request such additional information from the applicant as may be necessary to properly complete the investigation. The police chief shall advise the director in writing of the results of such investigation within 30 days after the application is filed. If, after receipt and review of the report by the police chief, the director shall determine that the applicant is of a law-abiding character and that the place of business is in the proper zone for the conduct of such business, the director shall approve a business license for the conduct of such business. (Ord. 1046 § 16, 2018; Ord. 264 § 4, 1982).
5.40.050 License – Denial.
In the event the city clerk/treasurer determines, on the basis of the report of the police chief, that the applicant is not of a law-abiding character or that the business location is not within the proper zone for the conduct of such business, the city clerk/treasurer shall deny the application for such license. At the expiration of 10 days from the date of denial of the license application, the city clerk/treasurer shall refund to the applicant 50 percent of the license application fee. (Ord. 264 § 5, 1982).
5.40.060 License – Appeal from denial.
An applicant whose application for a license has been denied, as provided in this chapter, shall have the right to appeal to the city council by filing a notice of appeal with the city clerk/treasurer within 10 days after the denial has been entered. (Ord. 264 § 6, 1982).
5.40.070 Duty to record transactions.
Every pawnbroker and secondhand dealer doing business within the city shall maintain, in the place of such 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 conducting the transaction;
C. The name, street address, signature, date of birth, sex, age, color of hair, color of eyes, race, height and weight of the person with whom the transaction is had;
D. The name and street address of the owner of the property bought or received in pledge;
E. A description of the property bought or received in pledge, which, in the case of watches, shall include the name of the maker and the number of both the works and the case, and in the case of jewelry, shall include a description of all letters and marks inscribed thereon;
F. The price paid or the amount loaned; and
G. The number of any pawn ticket issued therefor; provided, however, that a secondhand dealer shall not be required to make and maintain the records required by this section for secondhand articles with a reasonable value of less than $20.00. (Ord. 264 § 7, 1982).
5.40.080 Access to records.
The records to be maintained by pawnbrokers and secondhand dealers pursuant to YMC 5.40.070, and all property purchased or received in pledge, shall be open for inspection by the law enforcement office of the city during the ordinary hours of such business. (Ord. 264 § 8, 1982).
5.40.090 Reports.
Every pawnbroker and secondhand dealer doing business within the city shall, before noon of each day, furnish the police chief, on forms approved by the chief, a full, true and correct transcript of the records required by YMC 5.40.070 pertaining to transactions had on the previous day; provided, that transactions conducted on a Saturday may be reported on the following Monday. If a pawnbroker or secondhand dealer has good cause to believe that any of the property in his possession has been previously lost or stolen, he shall immediately report such fact to the police chief, together with the name of the owner of such property, if known, the date when received and the name of the person from whom received. (Ord. 264 § 9, 1982).
5.40.100 Pawn tickets.
Every pawnbroker doing business within the city shall issue numbered pawn tickets for all property received as pledges for loans, which such ticket shall be considered the receipt for such property. The number of the pawn ticket issued for any article of property shall be entered on a tag which shall be attached to such article of property. (Ord. 264 § 10, 1982).
5.40.110 Rates of interest and redemption.
Every pawnbroker doing business within the city shall be subject to the provisions of RCW 19.60.060 respecting rate of interest and redemption, which section is, by this reference thereto, incorporated in this chapter as though fully set forth herein. (Ord. 264 § 11, 1982).
5.40.120 Violations – Penalty.
Every pawnbroker or secondhand dealer doing business within the city, and every clerk, agent, employee or servant of such pawnbroker or secondhand dealer, who shall:
A. Fail to make an entry of any material matter or make any false entry in the book or record to be maintained pursuant to YMC 5.40.070; or
B. Falsify, obliterate or destroy such book or record or remove the same from the place of business; or
C. Refuse to allow members of law enforcement agencies to inspect the books or records to be maintained pursuant to YMC 5.40.070, or to inspect the place of business or any goods in such place of business, during the ordinary hours of business; or
D. Report any material matter falsely to the police chief; or
E. Fail to furnish the police chief with a full, true and correct transcript as provided in YMC 5.40.090; or
F. Fail to forthwith report to the police chief the possession of property believed, with good cause, to be lost or stolen, as provided in YMC 5.40.090; or
G. Remove or allow to be removed from the place of business, except upon redemption by the owner thereof, any property received within four days after receipt thereof shall have been reported to the police chief; or
H. Receive property from any person, whether such person is acting on his own behalf or as the agent of another, who is under the age of 18 years, a common drunkard in an intoxicated condition, an habitual user of narcotic drugs, an habitual criminal, or a known thief or receiver of stolen property; or
I. Do business within the city as a pawnbroker or secondhand dealer without first obtaining a valid license pursuant to the provisions of this chapter after the expiration of 35 days from the effective date of the ordinance codified in this chapter; shall be guilty of a misdemeanor. (Ord. 264 § 12, 1982).