Chapter 5.52
SECONDHAND DEALERS
Sections:
5.52.010 State statutes adopted.
5.52.040 License—Application and issuance.
5.52.050 License denial, suspension or revocation.
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.
5.52.010 State statutes adopted.
Chapter 19.60 RCW, entitled “Pawn Brokers and Second-Hand Dealers,” as the same now appears or may hereafter be amended, is adopted by this reference. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; 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 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. “Secondhand dealer” means every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value secondhand property, including metal junk, melted metals, or precious metals, whether or not the person maintains a fixed place of business within the state. Secondhand dealer also includes persons or entities conducting business more than three times per year at flea markets or swap meets. Secondhand dealer also includes persons or entities operating an automated kiosk. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3007 § 3, 1985)
5.52.030 License—Required.
No person, firm or corporation shall 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. This license is in addition to any city business registration or license that may be required under Chapter 5.02. 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. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3007 § 4, 1985)
5.52.040 License—Application and issuance.
A. Application for a license to engage in the businesses of pawnbroking or buying or selling secondhand goods shall be made in writing to the finance director or designee on forms provided by the city and shall include the following:
1. The name and address of the applicant;
2. The place where the proposed business is to be located;
3. If the applicant has ever been convicted of a crime and if so, the time, place, and nature of the crime;
4. The applicant, as part of the application process, shall be fingerprinted by the police department with such information thereupon being affixed to the license application;
5. Such other information the city may reasonably require in connection with the license application.
B. Upon receipt of such application, the same shall be transmitted to the chief of police for a full investigation as to the truth of the statements contained therein and any other investigation permitted under this chapter. After the chief of police has conducted the investigation, he/she will report to the finance director, recommending either approval or denial of the application. Any denial shall state the reasons therefor. The finance director or designee shall either issue or deny the pawnbroker/secondhand dealer license depending on the recommendation of the chief of police.
C. No license granted shall be assignable or transferable.
D. All licenses granted under this chapter shall be posted in a conspicuous place on the licensed premises. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3007 § 6, 1985)
5.52.050 License denial, suspension or revocation.
The city may deny, suspend, or revoke any license issued under the provisions of this chapter should one or more of the following conditions apply:
A. 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;
B. It is determined that the license was procured by fraud or false representation of fact;
C. The violation of any of, or failure to comply with, the provisions of this chapter or provisions of Chapter 19.60 RCW by the person holding such license or by any of his managers or agents;
D. For any conviction of licensee of any crime of burglary, robbery, theft or of receiving stolen goods. (Ord. 3898 § 3 (Exh. A), 2017)
5.52.060 License—Fees—Surety bond requirements.
A. The license fee for pawnbrokers and secondhand dealers shall be in an amount set by resolution of the city council.
B. 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.
C. Prorating of License Fees. The licenses enumerated shall expire on December 31st of any calendar year, irrespective of when issued. In instances where the licenses issued under this chapter 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. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3820 § 10, 2014; 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. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; 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. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; 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. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; 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. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3007 § 12, 1985)
5.52.110 License—Revocation.
The city may revoke any license issued under this chapter for any of the reasons set forth in Section 5.52.050 and, in the case of revocation of any license, any license fee, as provided for under this chapter, shall be forfeited to the city. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3007 § 8, 1985)
5.52.115 Licenses—Appeal.
Any person that is aggrieved by the denial of a license or renewal thereof under this chapter, or by the revocation of a license under this chapter, shall have the right to appeal such denial or revocation to the city’s hearing examiner. Such appeal shall be in writing filed with the finance director or designee within twenty days of the decision. (Ord. 3898 § 3 (Exh. A), 2017)
5.52.120 Violation—Penalty.
Every pawnbroker or secondhand dealer, and every clerk, agent or employee of such pawnbroker or secondhand dealer, who violates this chapter by any of the following actions is guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine not exceeding one thousand dollars or imprisonment for a period not to exceed ninety days, or by both such fine and imprisonment:
A. Fails to make an entry of any material matter in his book or record kept as provided for in Section 5.52.070;
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. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3007 § 13, 1985)