Chapter 5.34
PAWNBROKERS AND SECONDHAND DEALERS
Sections:
5.34.025 Retention of property prior to resale.
5.34.030 Property held on order of police chief.
5.34.040 Identification required.
5.34.080 Revocation of license.
5.34.010 Definitions.
As used in Sections 5.34.020 to 5.34.090 the following words have the following meanings:
A. “Pawnbroker” means a person engaged in conducting, managing, or carrying on the business of loaning money for himself or for any other person upon personal property, personal security, pawns or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or their assigns at prices agreed upon at or before the time of such purchase.
B. “Pawnshop” means any room, store, or place in which a pawnbroker is engaged in, carries on, or conducts his business.
C. “Secondhand dealer” means a person who, as indicated by business dollar volume is primarily in, conducting, managing, or carrying on the business of buying, selling, or otherwise dealing in secondhand goods, wares, or merchandise.
D. “Weekday” means any day falling between Monday and Friday, inclusive.
E. “Digital photograph” means an image produced using a digital camera and stored as an electronic file. (Ord. 2084 §1, 2022; Ord. 1337 §1(part), 1979).
5.34.020 Records required.
A. Every person engaged in the business of a pawnbroker or dealer in secondhand goods shall keep an electronic record utilizing the electronic reporting system in use by the city of all articles purchased or received. The record shall at all times during business hours be open to the inspection of the chief of police, his agents, or any other police officer of this state.
B. Except as provided in subsection E of this section, every person involved in the business of a pawnbroker and secondhand dealer shall utilize the city’s electronic pawn reporting system to make an electronic report and the report shall be a full, true, and complete report of all goods, wares, merchandise, or things received on deposit, pledged or purchased. The report shall show the hour of the day when the article was received on deposit, pledged or purchased, and the number of the pawn ticket, amount loaned, amount purchased, a complete description of each article left on deposit, pledged or purchased, the digital photograph of the item as described in subsection C of this section, and the name and address of the person from whom the article was acquired. No item shall be received unless the person from whom the article is acquired exhibits a driver’s license or state-issued ID card and the identifying number is recorded on the report. Each pawn ticket issued shall be numbered consecutively, and if stubs are used in connection with the pawn ticket, each stub shall be numbered consecutively to conform to the ticket. If any article so left on deposit, pledged or purchased has engraved thereon a number, word or initial, or contains settings of any kind, the description of the article in the report shall contain the number, word or initial, and shall show the kind of settings and the number of each kind.
C. In addition to the requirements of subsection B of this section, every person engaged in the business of a pawnbroker or dealer in secondhand goods shall provide a clear digital photograph of all purchased property taken at the time of receipt of such property. The digital photograph shall be uploaded into the city’s electronic pawn reporting system. This requirement does not apply to property pledged as collateral for a collateral loan made by a pawnbroker.
D. The electronic pawn reporting system will provide for an upload of a complete electronic report described in this section. Each pawnbroker and secondhand dealer shall, at the end of each business day, provide an electronic upload to the pawn reporting system of all transactions that occurred during that business day.
E. No secondhand dealer shall be required to furnish a description of property purchased from manufacturers or wholesale dealers having an established place of business, or of a purchase or purchases in the open market or secured from a person doing business, and having an established place of business in the city, but such goods shall be accompanied by a bill of sale or other evidence of legitimate purchase and must be shown to the chief of police, his agents, or any police officer of this state. (Ord. 2084 §2, 2022; Ord. 1862, 2005; Ord. 1337 §1(part), 1979).
5.34.025 Retention of property prior to resale.
All property for which records are required as provided in Section 5.34.020 shall be retained by the pawnbroker or secondhand dealer at least seven full business days before disposal if the resale value of the item is greater than twenty-five dollars. Items with a resale value of less than twenty-five dollars may be disposed of after five business days provided an adequate item and personal description have been retained. The pawnbroker or secondhand dealer shall maintain the purchased property in substantially the same form as purchased and shall not commingle the property in a manner that precludes identification during this five-day or seven-day holding period. The purchased property shall be retained on the business premises during normal business hours during this holding period so that it can be inspected as provided in this chapter. (Ord. 1965 §1, 2012).
5.34.030 Property held on order of police chief.
Whenever the chief of police by written order notifies a secondhand dealer or pawnbroker not to sell any property so received on deposit or purchased or permit the same to be redeemed, and that order is based upon probable cause to believe the property was stolen, that property shall not be sold or permitted to be redeemed until such time as may be determined by the chief of police, not exceeding fifteen days from the date of the notice. A copy of the notice shall be left with the secondhand dealer or pawnbroker. (Ord. 1337 §1(part), 1979).
5.34.040 Identification required.
A pawnbroker, or secondhand dealer receiving in pledge or otherwise an article, shall display upon the article a number written in legible characters, said number shall correspond to the number in the records required to be kept as provided in Section 5.34.020, except that such display will not be required by this section, upon articles with a retail value of less than twenty-five dollars. (Ord. 1337 §1(part), 1979).
5.34.050 License required.
Every person who engages in the business of a pawnbroker or secondhand dealer shall, before engaging in such business, obtain from the city a business license in accordance with the provisions of Chapter 5.04. (Ord. 1337 §1(part), 1979).
5.34.060 Signs.
No person or persons shall exhibit any pawnbroker, pawnshop, or secondhand dealer sign without first having obtained from the city a license in accordance with the provisions of this chapter. (Ord. 1337 §1(part), 1979).
5.34.070 Reports.
The police department shall furnish descriptive information about articles stolen from within the city to the businesses licensed under this chapter. Such information will be furnished during the twenty-four hour (weekday) period after such information is received by the police department. (Ord. 1337 §1(part), 1979).
5.34.080 Revocation of license.
Any business license issued in accordance with the provisions of this chapter may be revoked upon the showing of proof of noncompliance with the requirements of this chapter. (Ord. 1337 §1(part), 1979).
5.34.090 Penalties.
Any person violating any provision of this chapter shall be punishable upon conviction in accordance with the general penalty provision of this code. (Ord. 1337 §1(part), 1979).