Chapter 5.32 PAWNBROKERS

Sections:

5.32.010 Definition.

5.32.020 Posting of regulations--Required.

5.32.030 Right of redemption of forfeited articles.

5.32.040 Records required--Contents.

5.32.050 Ticket-Contents.

5.32.060 Ticket--Disposition.

5.32.070 Records--Inspection.

5.32.080 Ticket--Issuance--Misdemeanors designated.

5.32.090 Redemption and disposition.

5.32.100 Unlawful to deal with drunkards, thieves, insane or minors.

5.32.110 Employees under 16 years of age.

5.32.120 Hours.

5.32.130 Liability.

5.32.140 Violation--Penalty.

 Section 5.32.010 Definition. "Pawnbroker" means any person within the limits of the city who loans money on deposit on personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor or who loans or advances money on personal property by taking chattel mortgage security thereon and takes or receives such personal property in his possession. (Prior code §4-16.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)

Section 5.32.020 Posting of regulations--Required. It is unlawful for any person to conduct or transact a pawnbroking business unless he shall keep posted in a conspicuous place in his place of business a copy of all ordinances relating to pawnbrokers. (Prior code §4-17.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)

Section 5.32.030 Right of redemption of forfeited articles. It is unlawful in all cases in which articles pledged have been forfeited for a sale or other disposition thereof to be made by the pledgee within the period of three months after such forfeiture, during such time the pledger shall have the first right to redeem such articles at no greater advance than ten percent upon the amount when the forfeiture occurred. (Prior code 54-18.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)

Section 5.32.040 Records required--Contents. It is unlawful for any pawnbroker or his or her agents or employees to fail to keep a permanent record of each loan, purchase or receipt of personal property. Said record shall be legibly written in ink and in the English language at the time of the transaction. No such record or any portion thereof shall be erased, obliterated or defaced. The record shall contain the following information with regard to each transaction: 1. The date of the transaction; 2. The name and address of the pledger (if the pledged property is jointly owned, each joint owner must be designated); 3. An accurate description of the goods, articles or things pawned, including the serial number of the article if any, the name of the manufacturer if available, and the dimensional description if applicable; 4. The amount of money loaned or advanced thereon or paid therefor; 5. The date and time of the day of the pledging, purchasing and receiving such goods, articles or things, and the period of time within which the pledge must be honored; and 6. The serial number of the pawn ticket. (Ord. no. 101 §A, 1983.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)

Section 5.32.050 Ticket-Contents. In connection with each article pawned, the pawnbroker shall make out a serially numbered three-part ticket concerning any person(s) pawning property, in a form previously approved by the police department, and shall contain the following information: 1. The following information concerning the pledger: a) The last, first, and middle name, b) The signature of the pledger, c) The street address, city, state, and zip code, d) Phone number, e) Sex (male or female), f) Date of birth, g) Height, h) Weight, i) Race, j) Scars/marks, k) Identification used and pertinent numbers, l) Right thumb print; 2) The name of the person accepting the pledged property for the pawnbroker; 3) A signed statement certifying that the described property has not been obtained by any illegal means and is the pledger’s property and is free and clear of any encumbrances and that the pledger has a legal right to sell the pledged property. (Ord. no. 101 §B, 1983.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)

Section 5.32.060 Ticket--Disposition. The disposition of each three-part ticket shall be made as follows: 1) The original shall be retained by the pawnbroker (pledges); 2) The first copy retained by the person (pledgor) pawning the articles and 3) The second copy shall be maintained on the pawnbroker's premises and delivered to any representative of the city police department upon request during regular business hours. (Ord. no. 101 §C, 1983.) (Ord. 98-1, Repealed and Replaced, 08/24/2000) Section

5.32.070 Records--Inspection. All of the required records and information set out in Sections 5.32.040 through 5.32.060 shall be open to the inspection of any police officer during regular business hours. (Ord. no. 101 §D, 1983.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)

Section 5.32.080 Ticket--Issuance--Misdemeanors designated. It is a misdemeanor for a pawnbroker or his or her agent or employee to issue any pawn ticket which is not serially numbered in sequence and shown in the ledger book referred to in

Section 5.32.040, or to intentionally falsify any information on either the ledger or the three-part pawn ticket. (Ord. no. 101 §E, 1983.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)

Section 5.32.090 Redemption and disposition. 1) It is unlawful for any pawnbroker, or his or her agents or employees to deliver or to sell or to otherwise dispose of any pawned item for a period of 60 days from the date of receiving same to any person other than the pledger. 2) If requested to do so by a police officer, all goods, articles or things pawned, pledged, sold or delivered to a pawnbroker or his or her agents or employees shall be released to the city police department upon proof that the item was not owned by the pledger. The police department shall hold the article until such time as criminal proceedings concerning the article are fully resolved. (Ord. no. §101 F, 1983.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)

Section 5.32.100 Unlawful to deal with drunkards, thieves, insane or minors. It is unlawful for any pawnbroker to receive any goods, articles or things in pawn or pledge from a person who is intoxicated or known to be an habitual drunkard, a thief or an insane person or a person under the age of 21 years. (Prior code §4-21.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)

Section 5.32.110 Employees under 16 years of age. It is unlawful for any pawnbroker to employ any clerk or person under the age of 16 years to receive any pledge or make any loan. (Prior code §4-22.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)

Section 5.32.120 Hours. It is unlawful for any pawnbroker to receive any goods by way of pawn or pledge before seven a.m. or after nine p.m., or on Sunday. (Prior code §4-23.) (Ord. 98-1, Repealed and Replaced, 08/24/2000) Section

5.32.130 Liability. The holder of a pawnbroker's license is liable for any and all acts of his employees and for any violation by them of any of the provisions of this chapter. (Prior code §4-24.) (Ord. 98-1, Repealed and Replaced, 08/24/2000) Section

5.32.140 Violation--Penalty. Violation of the provisions of Section 5.32.010 through 5.32.120 shall be punished as a misdemeanor pursuant to the provisions of those sections. (Ord. no. 101 §H, 1983.) (Ord. 98-1, Repealed and Replaced, 08/24/2000)