Chapter 5.24
PAWNBROKERS AND SECOND-HAND METAL DEALERS1
Sections:
5.24.010 Definitions.
5.24.020 Compliance with Chapter 19.60 RCW.
5.24.030 License – Required – Application – Fee.
5.24.040 Licensee – Terms.
5.24.050 Licensee daily reports to Police Chief.
5.24.060 Violations – Penalty.
5.24.010 Definitions.
A. “Pawnbroker” means every person engaged, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.
B. “Second-hand metal dealer” means every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value metal junk, melted metals or precious metals, whether or not the person maintains a fixed place of business within the State. [Ord. 2011-2 § 1 (Exh. A), 2011; Ord. 2010-20 § 1 (Exh. A), 2010.]
5.24.020 Compliance with Chapter 19.60 RCW.
A. Pawnbrokers licensed pursuant to this chapter shall comply with Chapter 19.60 RCW. Those provisions of Chapter 19.60 RCW applicable to pawnbrokers are hereby adopted by reference as and for a portion of the Sunnyside Municipal Code and apply to pawnbrokers under this chapter.
B. Second-hand metal dealers licensed pursuant to this chapter shall comply with Chapter 19.60 RCW. Those provisions of Chapter 19.60 RCW applicable to second-hand dealers are hereby adopted by reference as and for a portion of the Sunnyside Municipal Code and apply to second-hand metal dealers under this chapter. [Ord. 2011-2 § 1 (Exh. A), 2011; Ord. 2010-20 § 1 (Exh. A), 2010.]
5.24.030 License – Required – Application – Fee.
A. No person shall engage in the business of a pawnbroker or second-hand metal dealer in the City without first procuring a license therefor. An applicant engaged in both pawnbroking and second-hand metal dealing shall only be required to obtain one license.
B. In order to procure a license, an applicant shall present to the City an application which shall contain the name of the applicant, the place, including telephone number, where he proposes to conduct the business, the name under which the same shall be conducted, and the names of persons interested in the business if a partnership, corporation or other business organization.
C. If such application is approved, the City Manager, or his/her designee, shall issue a license to the applicant upon his executing and delivering to the City a bond to be approved by the City Attorney, in the amount of $1,000, conditioned that he will conduct such business in compliance with all of the ordinances of the City and the laws of the State. The license fee shall be the sum of $250.00 per year. The license shall not be assignable or transferable. [Ord. 2011-2 § 1 (Exh. A), 2011; Ord. 2010-20 § 1 (Exh. A), 2010.]
5.24.040 Licensee – Terms.
A. All licenses issued under this chapter shall expire on the thirty-first day of December next succeeding the date of issuance and no reduction in license fee shall be made for any period less than one year. Such license shall be subject to revocation by the City Manager, or his/her designee, upon a determination by a preponderance of evidence that the licensee has failed to comply with any provision of this chapter, or any other provision of the Sunnyside Municipal Code or State law. Such determination, along with the reasons therefor, shall be provided to the licensee in writing. If a second-hand metal dealer license is revoked, the licensee shall immediately cease all business. If a pawnbroker license is revoked, the licensee shall cease all pawnbroking business within 30 days from the date of such revocation.
B. The holder of a license whose license has been revoked by the City Manager in accordance with subsection (A) of this section shall be entitled to a hearing before the City Council at the next scheduled meeting, provided such request is made in writing within 14 days after receipt of the notice of revocation. At the hearing before the City Council, the burden is upon the licensee to establish why the license should not be revoked. [Ord. 2011-2 § 1 (Exh. A), 2011; Ord. 2010-20 § 1 (Exh. A), 2010.]
5.24.050 Licensee daily reports to Police Chief.
Every licensee under this chapter doing business in the City shall provide reports of daily activity, as set forth in RCW 19.60.040, on a daily basis. [Ord. 2011-2 § 1 (Exh. A), 2011; Ord. 2010-20 § 1 (Exh. A), 2010.]
5.24.060 Violations – Penalty.
Any person violating this chapter shall be deemed to have committed a civil infraction and shall be assessed the monetary penalty authorized pursuant to SMC 1.16.010. [Ord. 2011-2 § 1 (Exh. A), 2011.]
Prior legislation: 1956 Code § 5-701, §§ 1 – 6.