Chapter 6.19
PAWNBROKERS AND SECONDHAND DEALERS

Sections:

6.19.001    General provisions.

6.19.005    Definitions.

6.19.090    Reasonable attorney fees allowed in actions concerning contested ownership.

6.19.010    License and additional requirements.

6.19.020    License fees.

6.19.021    Investigation required.

6.19.022    Fingerprinting required.

6.19.030    Records of transactions.

6.19.050    Reports to sheriff.

6.19.070    Removing goods from shop.

6.19.080    Receiving goods from certain people unlawful.

6.19.100    Hours of operation.

6.19.110    Penalty for violations.

6.19.115    Unlawful to employ unlicensed person.

6.19.120    State law applicable in other instances.

6.19.001 General provisions.

Unless specified otherwise in this chapter, the general provisions contained in chapter 6.01 SCC shall apply to this chapter.

(Added Ord. 83-156, § 2, Dec. 29, 1983).

6.19.005 Definitions.

The following words and phrases used in this chapter shall have the meanings set forth below unless the context indicates otherwise:

(1) "Antique" means any article that because of its age, rarity, or historical significance has a monetary value greater than its original value.

(2) "Antique dealer" means any person engaged, in whole or in part in the business of purchasing, selling, trading, or bartering antiques.

(3) "Consignment store operator" means any person who operates a place of business where goods not owned by the operator are offered for sale on behalf of the owner in return for a fee.

(4) "Intermittent seller" means any person who sells or exchanges secondhand household or recreational equipment from a residence less than four times per calendar year. Secondhand household and recreational equipment includes but is not limited to: furniture, tools, dishes, skis and fishing equipment.

(5) "Pawnbroker" means any person engaged in whole or in part in the business of loaning money upon the taking or receiving of personal property as security for the repayment of such loans or any person who shall keep any store, shop, room or place where such goods are so taken or received.

(6) "Secondhand dealer" means any person engaged in whole or in part in the business of purchasing, selling, trading, or bartering secondhand personal property, including metal, junk, or melted metals; PROVIDED, That the term shall not apply to any person who:

(a) Is an intermittent seller of personal property, an antique dealer, a consignment store owner or a used book dealer as defined by this chapter;

(b) Is engaged in any activity which requires a license under chapter 46.70 RCW, motor vehicle dealers, or chapter 46.80 RCW, motor vehicle wreckers;

(c) Is engaged in the purchase and/or sale of bottles, cans, or paper solely as a part of the process of recycling such bottles, cans, or paper;

(d) Is engaged in the purchase and/or sale of junk metal as a part of the process of recycling such junk metal;

(e) Any person conducting a sale of secondhand personal property under any legal forfeiture, foreclosure, liquidation, or any repossession pursuant to the terms of any contract of sale or incidental to any legal action.

(7) "Used book dealer" means any person or business engaged in whole or in part in the business of selling, exchanging, displaying, or offering for sale or exchange used books.

(8) "Secondhand personal property" means any item of personal property offered for sale which is not new, including metals in any form (except junk metal purchased or sold as a part of the process of recycling) and furs. Unless a single item is valued at $75.00 or more, secondhand personal property does not include postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used books, and clothing.

(Added Amended Ord. 94-047, § 5, June 20, 1994, Eff date July 9, 1994; Amended Ord. 97-088, § 3, Oct. 15, 1997, Eff date Oct. 31, 1997).

6.19.090 Reasonable attorney fees allowed in actions concerning contested ownership.

In an action brought by an owner to recover goods in possession of a licensee, or an action brought by a licensee against an owner, or a person claiming ownership, to determine title or ownership of any item, the prevailing party is entitled to reasonable attorney fees and costs.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 86-119, § 13, January 7, 1987; Amended Ord. 94-047, § 12, June 20, 1994, Eff date July 9, 1994).

6.19.010 License and additional requirements.

(1) It is unlawful for any person to engage in a business as a pawnbroker or secondhand dealer without first having obtained a license. The license shall include a photograph of the licensee.

(2) For transactions involving the items listed below where a single item is valued at more than $75.00, SCC 6.19.030, 6.19.050, 6.19.070 and 6.19.080 shall apply:

(a) postage stamps;

(b) coins that are legal tender;

(c) bullion in the form of fabricated hallmarked bars;

(d) used books;

(e) clothing.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 86-119, § 6, January 7, 1987; Amended Ord. 94-047, § 6, June 20, 1994, Eff date July 9, 1994; Amended Ord. 97-088, § 4, Oct. 15, 1997, Eff date Oct. 31, 1997).

6.19.020 License fees.

The fees for these licenses are established by and are contained in SCC 6.01.050(2). The term for this license is one year from date of issuance.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 86-119, § 7, January 7, 1987; Amended Ord. 97-088, § 5, Oct. 15, 1997, Eff date Oct. 31, 1997).

6.19.021 Investigation required.

Applicants seeking a license under this chapter shall be investigated according to the procedures outlined in SCC 6.01.047.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 86-119, § 8, January 7, 1987).

6.19.022 Fingerprinting required.

Applicants seeking a license as prescribed by this chapter shall be fingerprinted by the sheriff as specified in SCC 6.01.046(1).

(Added Ord. 83-156, § 2, Dec. 29, 1983).

6.19.030 Records of transactions.

(1) Except as otherwise provided in this chapter, all licensees shall maintain a book or permanent record of transactions at the place of business. The entries in the book or permanent record shall be legibly written in the English language, at the time of each transaction and shall contain the following information:

(a) The date of the transaction;

(b) The name, date of birth, sex, height, weight, race, color of hair, address and telephone number of the person with whom the transaction is made;

(c) The address of the place where the transaction occurred, if different than above;

(d) A description of the property pledged or bought, including all brand names; model numbers or names; serial numbers; initials, engravings or other identifying marks; in the case of jewelry, also including the size, number, pattern, and color of stone or stones; in the case of audio or video recordings, also including the title of every item; and in the case of firearms, also including the caliber, barrel length, type of action and whether it is a pistol, rifle, or shotgun; 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;

(e) The price paid or the amount loaned for each item purchased or exchanged;

(f) The names, addresses, and telephone numbers of all persons witnessing the transaction;

(g) The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver’s license or identification card issued by any state or two pieces of identification one of which shall be current government issued picture identification, and a copy of the picture identification presented, unless a copy of the picture identification is already in the book or permanent record, matches the person selling or pledging the property, and such fact is noted in the entry;

(h) The number of any pawn ticket issued;

(i) The signature of the person selling or pledging the property; and

(j) A legible right thumb print of the person selling or pledging the property, on a form to be furnished by the sheriff’s office; provided that when the person does not have a right thumb, a legible left thumb print shall be recorded; and

(k) The nature of the transaction, a number identifying the transaction, the store identification as designated by the sheriff or the name and address of the business, and the name of the person or employee conducting the transaction, and the location of the property.

(2) Employees shall record all transactions which they make in the licensee’s permanent record as required above.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Added Ord. 86-119, § 9, January 7, 1987; Amended Ord. 94-047, § 7, June 20, 1994, Eff date July 9, 1994; Amended Ord. 97-088, § 6, Oct. 15, 1997, Eff date Oct. 31, 1997; Amended by Ord. 09-013, Mar. 18, 2009, Eff date Mar. 29, 2009).

6.19.050 Reports to sheriff.

(1) Except as otherwise provided in this chapter, all licensees shall transmit to the sheriff’s office, on a form to be furnished by the sheriff’s office, a transcript of all transactions conducted on the preceding day. This transmittal shall take place within a time specified by the sheriff, provided that the time allowed shall not be less than 24 hours. This information may be transmitted to the sheriff electronically, by facsimile transmission, by delivery of a paper copy, or by other means approved by the sheriff.

(2) Every licensee having reason to believe that any property in his possession is lost or stolen, shall report the fact to the sheriff, together with the name of the owner, if known, the date and the name of the person from whom the property was received.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 86-119, § 10, January 10, 1987; Amended Ord. 94-047, § 8, June 20, 1994, Eff date July 9, 1994; Amended by Ord. 09-013, Mar. 18, 2009, Eff date Mar. 29, 2009).

6.19.070 Removing goods from shop.

No secondhand personal property bought or received in pledge by any licensee shall be removed from the place of business within 30 days of receipt, except when redeemed by the owner.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 86-119, § 11, January 7, 1987; Amended Ord. 94-047, § 9, June 20, 1994, Eff date July 9, 1994; Amended Ord. 97-088, § 7, Oct. 15, 1997, Eff date Oct. 31, 1997).

6.19.080 Receiving goods from certain people unlawful.

No licensee shall receive in pledge or purchase any property from any person who is:

(1) under 18 years of age; or

(2) under the influence of alcohol; or

(3) under the influence of drugs; or

(4) attempting to pledge or sell any property which the licensee knows or suspects to be stolen; or

(5) known to the licensee as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past 10 years whether the person is acting in his or her own behalf or as the agent of another. The sheriff shall be authorized to provide licensees a list of convicted felons from who they may not purchase property.

(Added Ord. 86-119, § 12, January 7, 1987; Amended Ord. 94-047, § 10, June 20, 1994, Eff date July 9, 1994).

6.19.100 Hours of operation.

It shall be unlawful for any licensee not exempt from this section to transact any business between the hours of 9:00 p.m. and 6:00 a.m. unless special permission is given by the licensing authority following approval by the sheriff.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 86-119, § 14, January 7, 1987; Amended Ord. 87-038, § 30, June 3, 1987; Amended Ord. 94-047, § 13, June 20, 1994, Eff date July 9, 1994).

6.19.110 Penalty for violations.

Every licensee or his/her employee shall be guilty of a gross misdemeanor and subject to penalties of RCW 9A.20.021, if the licensee or employee commits any of the actions described below.

(1) Fails to make an entry of any material matter in his book or record as provided in SCC 6.19.030; or

(2) Makes a false entry in the book or record described in SCC 6.19.030; or

(3) Falsifies, obliterates, destroys or removes from his place of business the book or record described in SCC 6.19.030; or

(4) Reports any material matter relevant to a transaction falsely to the sheriff; or

(5) Fails to furnish the sheriff, upon request, with a full, true and correct transcript of all transactions as provided for in SCC 6.19.050. Saturday’s business may be reported on Monday; or

(6) Fails to report promptly to the sheriff the possession of any property which he has reason to believe has been lost or stolen, together with the name of the owner, if known, the date, and the name of the person from whom the property was received by him; or

(7) Removes or allows to be removed from his place of business any property, as described in SCC 6.19.070; or

(8) Knowingly receives any property from any person described in SCC 6.19.080; or

(9) Removes, alters, or obliterates 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. In addition, an item shall not be accepted for pledge or a 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 have been removed, altered, or obliterated; or

(10) Knowingly violates any other provision of this chapter.

(Added Ord. 86-119, § 15, January 7, 1987; Amended Ord. 94-047, § 14, June 20, 1994, Eff date July 9, 1994; Amended Ord. 97-088, § 9, Oct. 15, 1997, Eff date Oct. 31, 1997).

6.19.115 Unlawful to employ unlicensed person.

It shall be unlawful for any licensee to employ any person who does not have a valid employee license issued pursuant to chapter 6.20 SCC.

(Added Amended Ord. 94-047, § 15, June 20, 1994, Eff date July 9, 1994; Amended Ord. 97-088, § 10, Oct. 15, 1997, Eff date Oct. 31, 1997).

6.19.120 State law applicable in other instances.

The requirements of chapter 19.60 RCW shall govern all matters not governed by chapters 6.19 or 6.20 SCC.

(Added Amended Ord. 94-047, § 16, June 20, 1994, Eff date July 9, 1994; Amended Ord. 97-088, § 11, Oct. 15, 1997, Eff date Oct. 31, 1997).