Chapter 5.52
SECONDHAND DEALERS
Sections:
5.52.010 State statutes adopted.
5.52.020 Definitions.
5.52.030 License—Required.
5.52.040 License—Application.
5.52.050 License—Application procedures.
5.52.060 License—Fees—Surety bond requirements.
5.52.070 Transaction record—Contents.
5.52.080 Inspection of records and merchandise.
5.52.090 Report of transactions to police.
5.52.100 Property retention period.
5.52.110 License—Revocation.
5.52.120 Violation—Penalty.
5.52.010 State statutes adopted.
RCW Chapter 19.60, entitled “Pawn Brokers and Second-Hand Dealers – Enacted Laws of 1909 Chapter 249 Section 235,” as the same now appears or may hereafter be amended, is adopted by this reference. (Ord. 3007 § 2, 1985)
5.52.020 Definitions.
The following definitions shall be applicable to the provisions of this chapter.
A. “Pawnbroker” means every person engaged, in whole or in part, in the business of money on the security of pledges, deposits or conditional sales of personal property.
B. “Secondhand dealer” means every person engaged in whole or in part in the business of buying or selling secondhand personal property, metal junk or melted metals. (Ord. 3007 § 3, 1985)
5.52.030 License—Required.
It is unlawful for any person, firm or corporation to engage in business as a pawnbroker or secondhand dealer within the city limits without first obtaining a license pursuant to the provisions of this chapter. It is also unlawful for any person to work or act as a pawnbroker or secondhand dealer in the employ of a licensed operation without complying with the provisions of Section 5.52.050 of this chapter. (Ord. 3007 § 4, 1985)
5.52.040 License—Application.
Application for a license to engage in the businesses of pawnbroking or buying or selling secondhand goods shall be made to the clerk-treasurer and shall state thereon the name and address of the applicant, the place where the proposed business is to be located, if he has ever been convicted of a crime and if so, the time, place, and nature of the crime, and any other information the city council may deem necessary. The chief of police (or any other officer designated by the city council) shall investigate each applicant for such license and report back to the city council whether or not he has found the applicant to be of good character. No license will be issued to any person who has been convicted of the offense(s) of burglary, robbery, theft or of receiving stolen goods within the past ten years. No license granted shall be assignable or transferable and, if such license is granted, it shall be posted in a conspicuous place in the licensee's place of business. (Ord. 3007 § 6, 1985)
5.52.050 License—Application procedures.
Each application for a pawnbroker's or a secondhand dealer's license shall be accompanied by a complete set of fingerprints of the applicant, utilizing fingerprint forms as prescribed by the chief of police. In addition to the license fees set forth in Section 5.52.060 of this chapter, a fee of twenty-five dollars shall be paid by each applicant to defray the cost of processing the applications. (Ord. 3007 § 7, 1985)
5.52.060 License—Fees—Surety bond requirements.
A. Pawnbrokers.
1. The license fee for pawnbrokers is fixed at the sum of one hundred twenty dollars per year.
2. In addition thereto all persons engaged in the business of pawnbroking shall, as a condition precedent to conducting any such business, obtain a surety bond in a sum no less than five thousand dollars, approved as to form by the city attorney so as to insure the faithful performance of the provisions of this chapter.
B. Secondhand Dealers. Effective January 1, 1986, the license fee for secondhand dealers shall be one hundred twenty dollars per year.
C. Prorating of License Fees. The licenses enumerated shall on December 31st of any calendar year, irrespective of when issued. In instances where the licenses described in subsections (A) and (B) of this section are issued on a date other than January 1st, the license fee shall be prorated on a quarterly basis. The cost thereof shall be computed by prorating the annual fee on a quarterly basis rounded back to the beginning of the quarter in which the license is to be issued. (Ord. 3166 § 1, 1991; Ord. 3007 § 5, 1985)
5.52.070 Transaction record—Contents.
It shall be the duty of every pawnbroker and secondhand business operator 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 each loan, purchase or sale involving pawned items, or secondhand items purchased for resale a record thereof containing the following information:
A. The date of the transaction;
B. The name of the person or employee conducting the same;
C. The name, age, street and house number, and a general description of the person with whom the transaction is had;
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, 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; 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;
G. The price paid or the amount loaned;
H. The names and street and house numbers of all persons witnessing the transaction;
I. The number of any pawn ticket issued therefor. (Ord. 3007 § 9, 1985)
5.52.080 Inspection of records and merchandise.
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 his designate. (Ord. 3007 § 10, 1985)
5.52.090 Report of transactions to police.
Every pawnbroker and secondhand dealer doing business in the city shall, before noon of each day, furnish to the police, on such forms as the chief of police may approve therefor, a full, true and correct transcript of the record of all transactions had on the preceding day, and, if having good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the chief of police, together with the name of the owner, if known, and the date and the name of person from whom the same was received by him. (Ord. 3007 § 11, 1985)
5.52.100 Property retention period.
No property bought or received in pledge by any pawnbroker shall be removed from his place of business, except when redeemed by the owner thereof, within four days after the receipt thereof has been reported to the chief of police as provided in this chapter. (Ord. 3007 § 12, 1985)
5.52.110 License—Revocation.
The city council may after hearing thereon revoke any license issued under this chapter, when it shall be found that the licensee has violated any provision of this chapter or has been
found guilty of any offense enumerated in Section 5.52.040 of this chapter, for which a license would be denied on application, and in the case of revocation of any license, the unearned portion of the license fee, as provided for under this chapter, shall be forfeited to the city. (Ord. 3007 § 8, 1985)
5.52.120 Violation—Penalty.
Every pawnbroker or secondhand dealer, and every clerk, agent or employee of such pawnbroker or secondhand dealer, who:
A. Fails to make an entry of any material matter in his book or record kept as provided for in Section 5.52.070 of this chapter,
B. Makes any false entry therein;
C. Falsifies, obliterates, destroys or removes from his place of business such book or record;
D. Refuses to allow the chief of police or his designate to inspect the same, or any goods in his possession, during the ordinary hours of business;
E. Reports any material matter falsely to the chief of police;
F. Having forms provided therefor, fails before noon of each day to furnish the chief of police with a full, true and correct transcript of the record of all transactions had on the previous day, it being the intent of this subsection that Saturday's business may be reported on Monday;
G. Fails 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;
H. In the case of a pawnbroker, removes or allows to be removed from his place of business, except upon redemption by the owner thereof, any property received, within four days after the receipt thereof has been reported to the chief of police;
I. Receives 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 is acting in his own behalf or as the agent of another, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in any sum not exceeding five hundred dollars or by imprisonment for a term not exceeding ninety days, or by both such fine and imprisonment. (Ord. 3007 § 13, 1985)