Chapter 5.16PAWNBROKERS AND SECONDHAND DEALERS

Sections:

5.16.010
Definitions.
5.16.020
Records to be kept.
5.16.030
Inspection.
5.16.040
Report to chief law enforcement officer.
5.16.050
Violation – Penalty.
5.16.010Definitions.

As used in this chapter:

“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.

“Precious metals” means gold, silver and platinum.

“Secondhand dealer” means every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value secondhand property, including metal, junk, melted metals, precious metals, whether or not the person maintains a fixed place of business within the city.

“Secondhand property” means any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used books, and clothing of a resale value of seventy-five dollars or less, except furs.

“Transaction” means a pledge, purchase or consignment by a pawnbroker or secondhand dealer from a member of the general public.

(Ord. 965 § 1 (part), 1992)

5.16.020Records to be kept.

It shall be the duty of every pawnbroker and secondhand dealer doing business in the city to maintain in 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:

A. The date of the transaction;

B. The name of the person or employee conducting the transaction;

C. The name, age, street and house number, and a general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is made;

D. A complete description of the property pledged, bought, or consigned, including the brand name, serial number, model number, initials, engravings, size, patterns and color, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle or shotgun;

E. The price paid or the amount loaned;

F. Type and identifying number of identification used by the person with whom the transaction is made, which will consist of a valid driver’s license or identification card issued by any state, or two pieces of identification issued by a governmental agency, one of which shall be a description of the person identified;

G. The nature of the transaction, a number identifying the transaction, the name and address of the business conducting the transaction, and the location of the property.

(Ord. 965 § 1 (part), 1992)

5.16.030Inspection.

Such record, and all goods received, shall at all times during the ordinary hours of business be open to the inspection of the chief of police or any other police officer on his order.

(Ord. 965 § 1 (part), 1992)

5.16.040Report to chief law enforcement officer.

A. Upon request, every pawnbroker and secondhand dealer doing business in the city shall furnish or mail within twenty-four hours to the chief of police on such forms as are provided by the chief of police a full, true and correct transcript of the record of all transactions conducted on the preceding day.

B. If a pawnbroker or secondhand dealer has good cause to believe that any property in his or her possession has been previously lost or stolen, the pawnbroker or secondhand dealer shall promptly report that fact to the chief of police, together with the name of the owner, if known, and the date when it was received, and the name of the person from whom it was received.

(Ord. 965 § 1 (part), 1992)

5.16.050Violation – Penalty.

Every pawnbroker or secondhand dealer, and every clerk, agent or employee of such pawnbroker or secondhand dealer who shall:

A. Fail to make an entry of any material matter in his book or record kept as provided for in Section 5.16.020; or

B. Make a false entry therein; or

C. Falsify, obliterate, destroy or remove from his place of business such book or record; or

D. Refuse to allow the chief of police or any other police officer on his order to inspect the same or any goods in his possession during ordinary hours of business; or

E. Report any matter falsely to the chief of police; or

F. Having forms provided therefor, fail upon request of the chief of police to furnish to the chief of police a full, true and correct transcript of the record of all transactions had on the preceding business day, it being the intent of this section that Saturday’s business may be reported on Monday; or

G. Fail to report forthwith to the chief of police the 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 and the name of the person from whom the same was received by him; or

H. Receive any property from any known thief or receiver of stolen property, or any known associate of such thief or receiver of stolen property, whether such person is acting in his behalf or as an agent of another, shall, upon conviction thereof, be fined in any sum not exceeding five thousand dollars for each such offense.