Chapter 5.28
PAWNBROKERS*

Sections:

5.28.010    Definitions.

5.28.020    License – Required.

5.28.030    License – Application – Consideration.

5.28.040    License – Fees.

5.28.050    Personal property tax return.

5.28.060    Records required.

5.28.070    Records and articles to be available for inspection.

5.28.080    Seller or consignee to give true name and address.

5.28.090    Transcript to be furnished.

5.28.100    Authorized rate of interest and sale of pledged property.

5.28.110    Violation – Penalty.

*    For statutory provisions on pawnbrokers, see Chapter 19.60 RCW.

5.28.010 Definitions.

For the purposes of this chapter, the following words and phrases have the meanings ascribed to them in this chapter:

A.    “Pawnbroker” means every person who takes or receives by way of pledge, pawn or exchange goods, wares, or merchandise of any kind of personal property whatever, for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or who makes public display of any sign indicating that he has money to loan on personal property on deposit or pledge.

B.    “Secondhand dealer” means every person who as a business engages in the purchase, sale, barter, auction, sale on consignment, or otherwise exchanges secondhand goods, or who keeps a store, shop, room or other place where secondhand goods of any kind or description are bought, sold, traded or bartered, pledged, pawned, auctioned, sold on consignment, or otherwise exchanged; provided, however, that this term does not apply to those persons engaged in the business of selling used or secondhand motor vehicles or boats.

C.    “Secondhand goods” means any and all used, remanufactured, or secondhand goods purchased or kept for sale by a dealer in secondhand goods; provided, however, such term does not include junk or used or secondhand motor vehicles or boats. (Ord. 744 § 2, 1974).

5.28.020 License – Required.

It is unlawful for any person, firm or corporation to engage in the business of pawnbroker or secondhand dealer without first obtaining a license pursuant to the provisions of this chapter. (Ord. 744 § 1, 1974).

5.28.030 License – Application – Consideration.

All applications for issuance or renewal of a pawnbroker’s or secondhand dealer’s license shall be made to and filed with the city clerk on forms furnished for such purpose, and shall be accompanied by the required fee. This application shall state the true name of the applicant, who shall be not less than 18 years of age, the names of all persons having financial, proprietary or other interest in such pawnshop or secondhand shop, together with such other information as the city clerk deems appropriate. The application shall then be referred to the Bothell police department for investigation, report and recommendation. If, from the reports or other information available, the city manager deems the applicant to be a fit and proper person, the city clerk shall issue or renew the license applied for; provided, however, that if the city manager is not satisfied that the application should be granted, he shall notify the applicant in writing of his denial and the reasons therefor, and he shall inform the applicant of his right to appeal to the city council. The city council shall, upon at least 10 days’ notice to the applicant, hold a hearing on such application at which time the applicant shall be given the opportunity to show by competent evidence that the license should be issued. If, after such hearing, the council finds from a preponderance of evidence the license should not be issued, it shall deny the application. The action of the city council upon such hearing shall be final. (Ord. 744 § 4, 1974).

5.28.040 License – Fees.

A.    The fees for a pawnbrokers’ license and secondhand dealer’s license shall be as established by resolution of the city.

B.    License fees shall be payable on December 31st preceding the year for which the license is issued. Fees becoming due for less than one year shall be prorated on a quarterly basis. (Ord. 1306 § 8, 1988; Ord. 744 § 3, 1974).

5.28.050 Personal property tax return.

No renewal license shall issue to any pawnbroker or secondhand dealer until the applicant shows that he has made a return to the King County assessor of the property in his possession or ownership and the value thereof for tax assessment purposes and has paid the tax due. (Ord. 744 § 5, 1974).

5.28.060 Records required.

Every pawnbroker and secondhand dealer shall maintain at his place of business a book in which he shall at the time of such loan, purchase or sale enter, in the English language, written in ink, the following information:

A.    The date of the transaction;

B.    The name of the person conducting the transaction and making the entries required in this chapter;

C.    The printed name, signature, age, street and house number, the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had, including the identification which the customer shall present to verify his identity, and the account or other number of such identification;

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 shall include the name of the maker of such property or the manufacturer thereof and the serial number, if the article has such marks on it, or any other inscriptive or identifying marks; provided, that when the article received is furniture or the contents of any house or room actually inspected on the premises where the sale is made, a general description of the property shall be sufficient;

G.    The price paid or the amount loaned;

H.    The number of any pawn tickets issued therefor. (Ord. 744 § 6, 1974).

5.28.070 Records and articles to be available for inspection.

All books and other records of any pawnbroker or secondhand dealer relating to purchase, pledge, exchange, 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 his deputy. All articles and things received, purchased or left in pledge with the pawnbroker or secondhand dealer shall at all times be open to like inspection. (Ord. 744 § 7, 1974).

5.28.080 Seller or consignee to give true name and address.

Anyone who pledges, sells or consigns any property to or with a pawnbroker or secondhand dealer shall sign the records required to be kept by such pawnbroker or secondhand dealer with his true name and shall include his correct address. (Ord. 744 § 8, 1974).

5.28.090 Transcript to be furnished.

A.    It is the duty of every pawnbroker and secondhand dealer to furnish to the chief of police at the close of every business week a full, true and correct transcript of the record of all transactions occurring during the preceding week.

B.    It is also the duty of any pawnbroker or secondhand dealer having good cause to believe any property in his possession has been previously lost or stolen to report such fact to the police department immediately, together with the name of the owner, if known, and the date and name of the person from whom the same was received by such pawnbroker or secondhand dealer. (Ord. 744 § 9, 1974).

5.28.100 Authorized rate of interest and sale of pledged property.

All pawnbrokers are authorized to charge and receive interest at the rate of three percent per month for money loaned on the security of personal property actually received in pledge, and every person who asks for or receives a higher rate of interest or discount on any such loan, or on any actual or pretended sale or redemption of personal property, or who sells any property held for redemption within 90 days after the period of redemption has expired is guilty of a violation of this chapter. (Ord. 744 § 10, 1974).

5.28.110 Violation – Penalty.

Every pawnbroker or secondhand dealer, and every clerk, agent or employee of such pawnbroker or secondhand dealer, who commits the following acts is guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in BMC 1.24.010:

A.    Fails to make an entry of any material matter in his book or record kept as provided in this chapter; or

B.    Makes any false entry therein; or

C.    Falsifies, obliterates, destroys or removes from his place of business such book or record; or

D.    Refuses to allow the city prosecutor or the chief of police or his agent to inspect the same, or any goods in his possession, during the ordinary hours of business; or

E.    Reports any material falsely to the chief of police; or

F.    Fails before close of business on the first day of the week to furnish the chief of police with a full, true and correct transcript of the record of all transactions had during the past business week; or

G.    Fails to report forthwith to the chief of police that possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when received, and the name of the person from whom the same was received by him; or

H.    Removes or allows to be removed from his place of business, except upon redemption by the owner thereof, any property received within five years after receipt thereof has been reported to the chief of police; or

I.    Receives any property from any person which he has good cause to believe is lost or stolen; or

J.    Violates any provision of this chapter by an act of either omission or commission. (Ord. 1184 § 3, 1985; Ord. 744 § 11, 1974).