CHAPTER 3-02
PAWNBROKERS AND SECONDHAND/ANTIQUE DEALERS

SECTIONS:

3-02-001-0001    DEFINITIONS:

3-02-001-0002    PAWNBROKERS, SECONDHAND DEALERS, JUNK COLLECTORS AND JUNK DEALERS REPORTS:

3-02-001-0003    DAILY REPORT: FILING AND INSPECTION:

3-02-001-0004    REGULATION FOR JUNK DEALERS AND JUNK COLLECTORS:

3-02-001-0005    UNLAWFUL ACTS:

3-02-001-0006    TRANSACTION FEE:

3-02-001-0001 DEFINITIONS:

FIREARM: Means any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive, except that it does not include a firearm in permanently inoperable condition.

ITEMS OF INTEREST: Means:

1.    Digital video discs; compact discs; video games;

2.    Jewelry and items containing precious metals;

3.    Electronics, including, but not limited to, laptop computers, iPods and other portable music and video players;

4.    Tools, both hand and electric;

5.    Bicycles; and

6.    Any good or article that bears a serial number or owner applied number.

PAWNBROKER: Means any person engaged in the business of advancing money on the security of pledged goods or is engaged in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed or variable price within a fixed or variable period of time, whether such business be the principal or sole business so carried on, managed or conducted, or merely incidental to, in connection with, or a branch or department of some other business or businesses.

PAWNSHOP: Means any room, store or place in which a business as defined above is engaged in, carried on or conducted.

PERSON: Means any individual, proprietor, employee, agent, company, organization, association, joint venture, partnership, business trust or corporation. The provisions of this chapter shall not apply to organizations that have been determined to be exempt from taxation, pursuant to section 501(c) of the Internal Revenue Code, by the Internal Revenue Service, including charitable, religious and educational organizations.

PRECIOUS METALS: Means silver, gold or platinum in either coin, bullion or other form. This Chapter shall not apply to coins traded, tendered or exchanged for the face value of such coins, but only to those coins traded, pawned, exchanged or purchased at a price above the face value of such coins upon the basis, express or implied, that the value above the face value is derived from the age, rareness, condition, content, or historical association of the coins.

SECONDHAND DEALER/ANTIQUE DEALER: Means any person, other than a person who deals exclusively in secondhand books, magazines, handbills, and/or posters, engaged in, conducting, managing or carrying on the business of buying, selling, trading, exchanging, taking upon consignment, or otherwise dealing in secondhand goods, firearms, wares, merchandise, jewelry, precious metals, coins or paper money in excess of the face value of such currency, or articles, whether such business be the principal or sole business so carried on, managed, or conducted or be merely incidental to, in connection with, or a branch or a department of some other business. This term shall not include those articles of property the transfer of title to which is required by the laws of this state to be evidenced by written instrument and recorded in an appropriate office of state or county government. (Amended Ord. 2008-18, 01/01/2009; Ord. 2012-01, Amended, 05/01/2012)

3-02-001-0002 PAWNBROKERS, SECONDHAND DEALERS, JUNK COLLECTORS AND JUNK DEALERS REPORTS:

A.

1.    Every secondhand dealer/antique dealer shall electronically submit a full, true and complete report of all items of interest purchased, when the total fair market value of such items within a single transaction exceeds twenty-five dollars ($25), to a secure online database approved by the Chief of Police, in writing, and accessible to the Flagstaff Police Department, within two (2) days of receipt of the property concerned. All other goods, wares, merchandise or items purchased with a fair market value of one hundred dollars ($100) or greater shall be reported in accordance with the electronic submittal requirements of this section. Transactions may not be split in order to avoid the reporting requirements of this section.

2.    Every person engaged in the business of pawnbroker shall electronically submit a full, true and complete report of all items of interest received, pawned, pledged or purchased, when the total fair market value of such items within a single transaction exceeds twenty-five dollars ($25.00), to a secure online database approved by the Chief of Police, in writing, and accessible to the Flagstaff Police Department, within two (2) days of receipt of the property concerned. All other goods, wares, merchandise or items received with a fair market value of one hundred dollars ($100) or greater shall be reported in accordance with the electronic submittal requirements of this section. Renewals or extensions of items previously pawned and reported pursuant to this section, and continuously in the possession of the person engaged in the business of pawnbroker, are exempt from the provisions of this Section. Transactions may not be split in order to avoid the reporting requirements of this section.

B.    Such report shall show the hour of the day and the date when each article was received in trade, on deposit, in pawn, pledge or by purchase, and the true name, signature, description and address of each individual delivering the article of property ascertained by such pawnbroker or such person or persons by whom any such goods, wares, merchandise or article was left or deposited, traded, pawned, pledged or sold with a valid motor vehicle operator’s license, valid motor vehicle non-operating identification license, valid armed forces identification card or other valid photo identification. The description shall show the height, date of birth, sex, complexion, color of hair, and color of eyes. Such report shall also show the number of the pawn ticket, the serial or identification number of the valid identification presented sufficient to verify the information required by this section, the amount loaned or paid thereon and the quantity of purchased, deposited, received, pledged or traded. If any article so left on deposit, received, pawned, pledged, purchased, or traded has engraved thereon any number, word, or initial; or contain any settings of any kind, the description of such article in such report shall contain such number, word, or initial, and shall show the kind of settings and the number of each kind.

C.    Every report required by the terms of this chapter to be filed or kept, shall be written or printed entirely in the English language in a clear and legible manner.

(Amended, Ord. 2008-18, 01/01/2009; Ord. 2012-01, Amended, 05/01/2012)

3-02-001-0003 DAILY REPORT: FILING AND INSPECTION:

The Chief of Police shall file in a secure place within the Flagstaff Police Department all reports received pursuant to the terms of this chapter, and the same shall be open to inspection only by employees of the Flagstaff Police Department, law enforcement officers, or upon an order of a court of competent jurisdiction or of the Chief of Police made for that purpose.

(Amended Ord. 2008-18, 01/01/2009; Ord. 2012-01, Amended, 05/01/2012)

3-02-001-0004 REGULATION FOR JUNK DEALERS AND JUNK COLLECTORS:

RESERVED

(Ord. 2012-01, Amended, 05/01/2012)

3-02-001-0005 UNLAWFUL ACTS:

A.    It shall be unlawful for any secondhand dealer/antique dealer to deface, alter, change or destroy, part with, conceal, give away, sell or dispose of any goods, wares, merchandise or article before and until one week after electronically submitting to the Chief of Police the report hereinabove required in accordance with the provisions of this chapter. Upon request, goods, wares, merchandise, or articles held by secondhand dealers/antique dealers pursuant to this subsection shall be made available for inspection at the Flagstaff Police Department.

B.    It shall be unlawful for any person engaging in, conducting, managing or carrying on the business of pawnbroker or secondhand dealer/antique dealer or for any agent or employee of any such person to fail, refuse or neglect to file any report in the form, in the manner, at the time and in all respects in accordance with the requirements of this chapter, or to fail, refuse or neglect to keep a record in the form and in the manner required by this chapter, or to fail, refuse or neglect to exhibit to any law enforcement officer, immediately upon demand for the privilege of such inspection, any such record or any goods, wares or merchandise or things pledged to or purchased or received by such person.

C.    No pawnbroker or secondhand dealer/antique dealer shall purchase, or receive on deposit, or accept as a pledge any goods, wares, merchandise or anything whatsoever from, or make a loan to any person under the age of eighteen (18) years.

D.    No person shall sign a fictitious name or address to any bill of sale for any goods, wares or merchandise referred to in this chapter, or to any pawnshop ticket or make any false entry in any report or record required by this chapter.

E.    Any person who violates any provision of this chapter shall be guilty of a Class 1 misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred fifty dollars nor more than two thousand five hundred dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

(Amended Ord. 2008-18, 01/01/2009; Ord. 2012-01, Amended, 05/01/2012)

3-02-001-0006 TRANSACTION FEE:

A.    Every person engaged in the business of pawnbroker shall pay to the City of Flagstaff a fee in the amount of three dollars ($3.00) for each report required to be prepared pursuant to F.C.C. § 3-02-001-0002(A.)(2.).

B.    All pawnbrokers must pay the fee established by this section in full to the City of Flagstaff on the last business day of the month following the month in which the report required by F.C.C. § 3-02-001-0002(A.)(2.) was required to be prepared.

C.    Every secondhand dealer/antique dealer shall pay to the City of Flagstaff a fee in the amount of three dollars ($3.00) for each report required to be prepared pursuant to F.C.C. § 3-02-001-0002(A.)(1.).

D.    All secondhand dealers/antique dealers must pay the fee established by this section in full to the City of Flagstaff on the last business day of the month following the month in which the report required by F.C.C. § 3-02-001-0002(A.)(1.) was required to be prepared.

(Ord. 226, 1-12-20; Amended Ord. No. 2008-18, 01/01/2009; Ord. 2012-01, Amended, 05/01/2012)