Chapter 7.02
PAWNBROKERS
Sections:
7.02.010 Pawnbrokers and pawnshops defined.
7.02.020 Pawnbroker’s license fee.
7.02.030 Exemption.
7.02.040 Pawnbroker’s bond.
7.02.050 Auditor is licensing agent.
7.02.060 Every pawnbroker must keep record.
7.02.070 Records of pawnbrokers to be opened for inspection.
7.02.080 Goods not to be removed from pawnshop.
7.02.090 Unlawful receiving.
7.02.100 Pawnshops to be closed during certain hours.
7.02.110 Penalties for violating this chapter.
7.02.120 Who may be guilty of violation of this chapter.
SOURCE: ADOPTED:
Ord. No. 3, 1956 06/20/56
AMENDED SOURCE: ADOPTED:
Ord. No. 844, 2009 06/02/09
7.02.010 Pawnbrokers and pawnshops defined.
(1) “Pawnbroker,” as used in this chapter, means and includes every person who takes or receives by way of pledge, pawn or exchange, goods, wares, or merchandise, or any kind of personal property whatever, for the repayment or security of any money loaned thereon, or to loan money on deposit of personal property.
(2) “Pawnshop” means and includes every place at which the business of pawnbroker is being carried on.
7.02.020 Pawnbroker’s license fee.
It shall be unlawful for any person to engage in the business of pawnbroker, or to conduct a pawnshop, without first having obtained a license to do so, to be known as a “pawnbroker’s license.” The fee for a pawnbroker’s license is listed in the Consolidated Fee Schedule (Chapter 5.100 CCC). A separate license is required for each individual pawnshop.
7.02.030 Exemption.
This chapter is not intended to include auctions and auctioneers.
7.02.040 Pawnbroker’s bond.
In addition to the license fee and before such license is issued, the applicant shall be required to give to the County of Clallam for each pawn shop a sufficient surety bond in the sum of $1,000 running in the favor of the County of Clallam, and conditioned for the faithful observance by the licensee of all the requirements of this and all other ordinances of Clallam County and all State laws relating to the business of pawnbroker.
7.02.050 Auditor is licensing agent.
The County Auditor of the County of Clallam shall be the licensing agent for all licenses required under this chapter, and the custodian of the bonds required under this chapter.
7.02.060 Every pawnbroker must keep record.
It shall be the duty of every pawnbroker to maintain at his place of business a book or other permanent record, in which shall be legibly written in the English language, at the time of such loan, purchase or sale, a record thereof containing:
(1) The date of the transaction;
(2) The name of the person or employee conducting the same;
(3) The name, age, street and house number and the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had;
(4) The name and street and house number of the owner of the property bought or received in pledge;
(5) The street and house number of the place from which the property bought or received in the pledge was last removed;
(6) 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;
(7) The price paid or the amount loaned;
(8) The name and street and house numbers of all persons witnessing the transaction;
(9) The number of any pawn ticket issued therefor.
It shall be unlawful for any pawnbroker and every clerk, agent, or employee of such pawnbroker to fail, neglect or refuse to make entry in any material matter in his record as required by this section, or to make any false entry therein, or to obliterate or remove from his place of business such record.
7.02.070 Records of pawnbrokers to be opened for inspection.
All books and other records of any pawnbroker relating to purchase pledge, exchange, barter or receipt of any goods, wares, merchandise, or other articles or things of value, shall at all times be open for inspection by the Sheriff, or any police officer, or detective detailed for that purpose, and all articles or things received, purchased or left in pledge with said pawnbroker shall at all times be open to a like inspection.
7.02.080 Goods not to be removed from pawnshop.
It shall be unlawful for any pawnbroker to remove any goods, articles or things purchased by him, or left with him, in pledge, from his store or place of business until the expiration of ten (10) days after the same has been purchased, received or left in pawn, unless the said goods, articles, or things have within the time specified, been inspected as provided in this chapter.
7.02.090 Unlawful receiving.
It shall be unlawful for any pawnbroker, his clerk or employee to receive in pledge, or purchase, any article or thing from any person under twenty-one (21) years of age, or from any person who is at the time intoxicated, or from a habitual drunkard, or from any person addicted to the use of narcotic drugs, or from any person known to be a thief, or a receiver of stolen property, or from any person whom he has reason to suspect or believe to be such.
The fact of loaning money upon or purchasing goods from any of the classes of persons enumerated in this section shall be prima facie evidence of an intent on the part of such pawnbroker, his agent or employee, to violate this chapter.
7.02.100 Pawnshops to be closed during certain hours.
It shall be unlawful for any pawnbroker to conduct or carry on the business of a pawnbroker, in whole or in part, directly or indirectly, to open or keep open, his pawnshop for the transaction of any business whatsoever therein, between the hours of 6:00 p.m. and 7:00 a.m.
7.02.110 Penalties for violating this chapter.
Any person violating or failing to comply with any of the terms and provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $100 or by imprisonment in the County Jail for a period of not more than thirty (30) days or by both such fine and imprisonment.
7.02.120 Who may be guilty of violation of this chapter.
Every person concerned in any act or omission in violation of this chapter, whether he directly performs or omits to perform any act in violation of this chapter, or aids or abets the same whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures the terms of this chapter and shall be proceeded against and prosecuted as such.