ARTICLE II.
PAWNBROKERS AND PAWN SHOPS
Sec. 8-38 Definitions.
For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Identification document” means a valid driver license, a valid nonoperating identification license, a valid armed forces identification card or any other valid government issued photo identification.
“Maturity date” means the date specified on the pawn ticket by which the pledged goods must be redeemed or the pawn ticket must be renewed.
“Misrepresentation” means a false or misleading representation made by a person with an intent to deceive or defraud.
“Omission” means a failure to include or to take notice of or the leaving out of pertinent information by a person with an intent to mislead.
“Pawn ticket” means the actual executed document that records the pawn transaction and describes the conditions of the loan agreement between the pawnbroker and pledgor.
“Pawn transaction” means the act between the pawnbroker and a person pledging tangible personal property or extending credit on the security of pledged goods or the act of purchasing tangible personal property with an express or implied agreement or understanding that it may be redeemed or repurchased by the seller for a fixed or variable price within a fixed or variable period of time, except that a good faith outright purchase of tangible personal property is not a pawn transaction.
“Pawnbroker” means a person who is engaged in the business of advancing money on the security of pledged goods or is engaged in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed or variable price within a fixed or variable period of time.
“Pawnshop” means the location or premises at which a pawnbroker is licensed to regularly conduct the pawnbroker’s business.
“Pledged goods” means tangible personal property which is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of the pawnbroker’s business in connection with the pawn transaction.
“Pledgor” means the person leaving the personal property with the pawnbroker and executing the pawn ticket.
“Redeem” or “redemption” means the act of the pledgor or the pledgor’s agent of retrieving and paying in full all charges and fees for the pledged goods left with the pawnshop.
“Reportable transaction” means any transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, trade or consignment.
“Transaction date” means the initial date of the reportable transaction.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-39 Pawn tickets—Requirements.
(a) All pawn transactions must be evidenced by a pawn ticket that is issued at the time of the pawn transaction.
(b) A pawn ticket shall include, at a minimum, all of the following:
(1) The name, address and telephone number of the pawnshop and pledgor.
(2) The birth date and physical description of the pledgor, including height, weight and hair and eye color.
(3) The number and type of the identification document presented by the pledgor.
(4) A listing of the articles left in the possession of the pawnbroker.
(5) The date and time of the pawn transaction.
(6) The maturity date of the pawn transaction, which shall be set forth in at least twelve (12) point type.
(7) The principal amount of the pawn transaction.
(8) The signature of the pledgor.
(9) A fingerprint of the pledgor.
(10) The following statement in at least ten (10) point type:
You are not obligated to redeem the pledged goods. The pledged goods will be forfeited to the pawnbroker after the maturity date unless the pledged goods are redeemed or you enter into a new pawn transaction for the pledged goods.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-40 Reports required.
(a) A pawnbroker shall make out and deliver to the City of Kingman chief of police a true, complete and legible report of all goods and articles received on deposit or consignment, in pawn, pledge, trade or exchange or by purchase. The report shall be delivered within two (2) business days to the chief of police by mail, hand delivery or electronic means as approved by the Kingman police department. For the purposes of this subsection “electronic means” means a computer diskette or modem. The pawnbroker shall pay to the police department a three dollar ($3.00) processing fee for each form completed.
(b) The pawnbroker shall make the report of each item received through a reportable transaction on the form provided or approved by the police department.
(c) The report form provided or approved by the chief of police shall include at least all of the following:
(1) The last, first and middle name of the pledgor or seller.
(2) The permanent address and telephone number, if applicable, of the pledgor or seller.
(3) The physical description of the pledgor or seller including height, weight, hair and eye color, sex, race and date of birth.
(4) The number and type of the identification document presented by the pledgor or seller.
(5) An accurate, legible description of each item pledged or sold, including the manufacturer’s name, model number, serial number, caliber, size, type of item and any owner applied number, inscription or monogram.
(6) The pawnbroker’s name and address and the clerk’s initials or identifying number.
(7) The date and time of the initial pawn or purchase transaction.
(8) The type of transaction and initial pawn ticket number.
(9) A fingerprint of the pledgor.
(10) The signature of the pledgor.
(d) The pledgor shall sign the report and attest to the following statement that shall appear on the report in ten (10) point bold type:
All information in this report is complete and accurate. I am the owner of the goods described in this report or I am authorized to enter into this pawn or sale transaction on behalf of the owner of the goods described in this report. I understand that I will be guilty of a Class 1 misdemeanor if the information in this report is not complete and accurate, if I am not the owner of the goods pledged or sold or if I am not authorized to enter into the pawn or sale transaction on behalf of the owner of the goods.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-41 Stolen items not for resale.
Upon notification by representatives of the police department that goods and articles received on deposit or consignment, in pawn, pledge, or any other manner are fruits of a crime, no pawnbroker shall dispose of such property.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-42 Issuance or denial.
Notwithstanding any other provisions of this chapter, the chief of police shall not issue a license to a person who, within one (1) year before the application, has violated any provision of a previously issued pawnbroker license or has had a license revoked. The chief of police shall not issue to or renew a license of a person who, within five (5) years before the application, has been convicted of a felony involving trafficking in stolen property, fraudulent schemes, forgery, theft, extortion or conspiracy to defraud or a felony involving moral turpitude.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-43 Suspension or revocation.
(a) After notice and an opportunity for a hearing in accordance with section 8-15(d), the chief of police may suspend any license for a period of not more than thirty (30) days for acts that demonstrate a pattern of misrepresentation or willful omissions or a violation of or noncompliance with any provision of A.R.S. 44-1622 through 14-1627 other than a violation or noncompliance resulting from a bona fide error that occurred; provided, that the pawnshop maintains procedures reasonably adapted to avoid the occurrence of bona fide errors. The chief of police shall provide procedures for the redemption of pledged goods and the renewal of pawn transactions on maturity during a period when a license is suspended. For the purposes of this subsection, “bona fide error” includes clerical, calculation, computer malfunction, programming and printing errors and other similar errors.
(b) The chief of police may revoke or refuse to renew a license if more than two (2) suspensions of the license have occurred within the preceding twelve (12) calendar months or if the licensee has been convicted of a felony involving trafficking in stolen property, fraudulent schemes, forgery, theft, extortion or conspiracy to defraud or a felony involving moral turpitude.
(c) No person who has had a pawnbroker license suspended, revoked or renewal refused shall be permitted to obtain another business license for a period of one (1) year.
(Ord. No. 1909, § 2, 8-18-20)