Chapter 5.12
PAWNBROKERS
Sections:
5.12.030 Record of transactions.
5.12.040 Report to police chief.
5.12.050 Lost or stolen property.
5.12.060 Hold on stolen property.
5.12.080 Inspection of premises.
5.12.090 Hold on pawned or pledged property.
5.12.100 Rates of interest—State statute adopted by reference.
5.12.110 Prohibited acts—Violation—Penalty.
5.12.120 Repealed.
5.12.130 Repealed.
5.12.140 Repealed.
5.12.150 Repealed.
5.12.010 Definition.
For the purposes of this chapter:
“Pawnbroker” means every person engaged, in whole or in part, in the business of loaning money on the security of pledges, or receiving by way of pledge or pawn goods, wares, or merchandise of any kind of personal property thereon, or loaning money on deposit of personal property, shall be deemed to be a pawnbroker. (Ord. 1721-11 § 3 (part), 2011: Ord. 1065 § 1, 1989)
5.12.020 Exclusions.
The following businesses shall be excluded from coverage of this chapter:
A. Any business engaged solely in the sales of new furniture or major appliances who may take use furniture or major appliances on trade for new items;
B. Any business engaged solely in the sales or services of motor vehicles;
C. Any nonprofit organization engaged solely in the sales of donated items of merchandise;
D. Any bank, credit union, or saving and loan or any other state or federally chartered lending institution. (Ord. 1065 § 2, 1989)
5.12.030 Record of transactions.
It shall be the duty of every pawnbroker doing business in the city to at all times keep and 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 each loan, purchase of used or secondhand goods, a record thereof, containing:
A. The date of transaction;
B. The name of the person or employee conducting said transaction on behalf of the pawnbroker or secondhand dealer;
C. The name, date of birth, street and house number, city, state, telephone number, and identification number of the person with whom the transaction is conducted. The identification number shall be obtained from a valid Washington State driver’s license or identification card, or similar license or card from another jurisdiction. No other form of identification than those listed hereinabove may be used, and the person or employee conducting the transaction shall have the duty of examining the identification and obtaining the identification and obtaining the identification number for each such transaction;
D. The name, age, street, and house number of the owner of the property bought or received in pledge, pawn, trade, barter, or consignment;
E. Description of the property bought or received in pledge, in trade or consignment. The description shall include any model number, serial number, brand name, letters or marks inscribed thereon, as well as any distinctive characteristics of the property; provided, that when the article bought or received is furniture, or the contents of any house or room, actually inspected on the premises, a general record of the transaction shall be sufficient;
F. The price paid or the amount loaned;
G. The number of any pawn ticket issued therefor;
H. The signature of the person with whom the transaction is conducted. (Ord. 1721-11 § 3 (part), 2011: Ord. 1065 § 3, 1989)
5.12.040 Report to police chief.
It shall be the duty of every pawnbroker to have ready for the police chief’s inspection by twelve noon of every business day, a blank form to be furnished by the Sedro-Woolley police department filled in with the true and correct description of the record of all transactions had on the preceding day, as set forth in Section 5.12.030. A copy of such records shall be forwarded at the conclusion of each business week to the city police department. (Ord. 1721-11 § 3 (part), 2011: Ord. 1065 § 4, 1989)
5.12.050 Lost or stolen property.
Any pawnbroker having good cause to believe that any property in his possession has been previously lost or stolen shall immediately report such fact to the city police department, together with the name of the owner, if known, and the date when and the name of the person from whom the property was received. (Ord. 1721-11 § 3 (part), 2011: Ord. 1065 § 5, 1989)
5.12.060 Hold on stolen property.
Following notification from a law enforcement agency that an item of property has been reported as stolen, the pawnbroker shall hold that property intact and safe from alteration, damage, or commingling. The pawnbroker shall place an identifying tag or other suitable identification upon the property so held. Property held shall not be released for one hundred twenty days from the date of police notification unless released by written consent of the applicable law enforcement agency or by order of a court of competent jurisdiction. The pawnbroker shall give ten days’ written notice before the expiration of the one-hundred-twenty-day holding period to the applicable law enforcement agency about the stolen property. If notice is not given within the required ten-day period, then the hold on the property shall continue for an additional one hundred twenty days. The applicable law enforcement agency may renew the holding period for additional one-hundred-twenty-day periods as necessary. (Ord. 1721-11 § 3 (part), 2011: Ord. 1076 § 1, 1989)
5.12.070 Inspection of goods.
Such record, and all goods received, shall at all times during the ordinary hours of business be open to the inspection of the prosecuting attorney or any peace officer. (Ord. 1721-11 § 3 (part), 2011: Ord. 1065 § 6, 1989)
5.12.080 Inspection of premises.
Any peace officer or the prosecuting attorney may enter any business licensed as a pawnshop in the city, or any premises in any way connected physically or otherwise with the pawnshop, including vehicles used in connection therewith, at any time during normal business hours. Such peace officer or prosecuting attorney is authorized to make such inspection and take such action as may be required to enforce the provisions of any business licensed under this chapter. (Ord. 1721-11 § 3 (part), 2011: Ord. 1065 § 7, 1989)
5.12.090 Hold on pawned or pledged property.
No property bought or received in pawn or pledge by any pawnbroker shall be removed from his place of business, except when redeemed by the owner thereof, for a period of four days after the receipt thereof in writing to the city police chief as required in Section 5.12.030, unless previously inspected by the city police chief and released in writing. (Ord. 1721-11 § 3 (part), 2011: Ord. 1065 § 8, 1989)
5.12.100 Rates of interest—State statute adopted by reference.
RCW 19.60.060, a statute of the state, is adopted by reference. (Ord. 1721-11 § 3 (part), 2011: Ord. 1065 § 9, 1989)
5.12.110 Prohibited acts—Violation—Penalty.
Every pawnbroker and every clerk, agent or employee of such pawnbroker, who shall:
A. Fail to make an entry of any material matter in his book or record kept as required in Section 5.12.030;
B. Make any false entry therein;
C. Falsely obliterate, destroy or remove from his place of business such book or record;
D. Refuse to allow inspections as required in Section 5.12.070;
E. Fail to make available the record of transactions as regulated in Section 5.12.030;
F. Fail to report to the police chief any property received that he believes or has reason to believe to be lost or stolen as required in Section 5.12.050;
G. Remove any property from his place of business within four days except as provided in Section 5.12.090;
H. Receive any property from any person under the age of eighteen years, any common drunkard, any habitual user of narcotic drugs, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, whether such person be acting on his own behalf or as the agent of another;
I. Remove, alter, or obliterate any manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned, or received in pledge; and
J. Accept for pledge or secondhand purchase where the manufacturer’s make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property has been removed, altered, or obliterated.
Any person in violation of the foregoing prohibited acts shall be guilty of a gross misdemeanor punishable by a fine of not to exceed five thousand dollars, imprisonment not to exceed one year, or both. (Ord. 1766-13 § 1, 2013: Ord. 1721-11 § 3 (part), 2011: Ord. 1368-00 § 1, 2000: Ord. 1065 § 10, 1989)
5.12.120 License—Fees.
Repealed by Ord. 1721-11. (Ord. 1065 § 11, 1989)
5.12.130 License—Requirements.
Repealed by Ord. 1721-11. (Ord. 1065 § 12, 1989)
5.12.140 License—Application—Investigation—Expiration.
Repealed by Ord. 1721-11. (Ord. 1065 § 13, 1989)