Chapter 4.12
PAWNBROKERS AND SECONDHAND DEALERS
Sections:
4.12.030 Prohibited Conduct Allows License Revocation
4.12.040 Applicant Qualifications
4.12.060 Transcript of Records to Police Department Required
4.12.110 Acts of Employees - Deemed Act of Dealer
4.12.010 Purpose.
The City of Lake Stevens deems it necessary to regulate the business of pawnbrokers and secondhand dealers by establishing standards of control. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the owners and or employees of the pawnbroker or secondhand dealer establishment. Nothing contained in this title is intended to be, nor shall be construed to create or form the basis for any liability on the part of the City or its officers, employees, or agents, for any damage resulting from the failure of any person to comply with the terms of this title on the part of the City by its officers, employees, or agents. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.020 License Required.
(a) It shall be unlawful for any person to engage in the business of a pawnbroker or to conduct a pawnshop or engage in the business of secondhand dealer as those items are defined in Chapter 19.60 RCW, without first having obtained a license to do so to be known and designated as “pawnbroker’s/secondhand dealer’s license.”
(b) The license fees are fixed by the City Council and contained in the annual fee resolution.
(c) The fees set forth in this schedule are nonrefundable.
(d) Licenses issued pursuant to the provisions of this chapter shall expire annually on the last day of the month of the month of the original date of issue.
(e) Licensees shall submit application renewal fees within 30 days of the expiration date. (Ord. 957, Sec. 1 (Exh. A), 2016; Ord. 732, Sec. 4, 2006)
4.12.030 Prohibited Conduct Allows License Revocation.
The licensee, their employees, representatives or agents shall not:
(a) Violate any Federal, State or City statutes, law, regulation or ordinance upon the business premises, whether or not any party has been convicted in any court of competent jurisdiction of such violations; provided, however, any court records brought before the court shall be prima facie evidence of such violations; or
(b) Conduct, engage in or operate the business in a manner which does not conform to the ordinances of the City, including this chapter; or
(c) Engage in unfair or deceptive acts or practices in the conduct of the business, or operate the business in such a manner as to constitute a public nuisance; or
(d) Make any material false statement or representation, or fail to disclose any material information to the City in connection with obtaining the license necessary hereto, or any renewal thereof. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.040 Applicant Qualifications.
A license will be denied to any person if the Planning and Community Development Department, after due investigation, finds that the applicant or the owner has done any of the following:
(a) Made any false statement on the application or omitted information required on the application;
(b) Had a conviction or bail forfeiture for a gross misdemeanor or felony within 10 years of the date of application, or a conviction or bail forfeiture for a lifetime disqualifying offense (felony assaults, narcotics, property, or sex crimes);
(c) Has a pattern of criminal behavior or other behavior which would lead the Planning and Community Development Department to reasonably conclude that the applicant will not comply with ordinance requirements relating to pawnbrokers and secondhand dealers licensing requirements;
(d) Been refused a pawnbroker or secondhand dealer license or had such license revoked under the provision of this chapter; provided, however, that any applicant denied a license under the provisions of this chapter may reapply after one year from the denial if the basis for the denial no longer exists;
(e) Been determined to be unfit to conduct the business. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.050 Maintain Records.
(a) Every pawnbroker and secondhand dealer doing business in the City shall maintain wherever that business is conducted a record in which shall be legibly written in the English language, at the time of each transaction, the following information:
(1) The signature of the person with whom the transaction is made;
(2) The date and time of the transaction;
(3) The name of the person or employee of the identification, as required by the Chief of Police;
(4) The name, date of birth, sex, height, weight, race, and current address and telephone number of the person with whom the transaction is made;
(5) A complete description of the property pledged, bought or consigned, including the brand name, serial number, model number or name, any initials or engravings, size, patterns, and color of stone or stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle, or shotgun;
(6) The price paid or the amount loaned;
(7) The type and identifying number of identification used by the person with whom the transaction is made which shall consist of a valid driver’s license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, one piece of current government issued picture identification will be required; and
(8) The nature of the transaction, a number identifying the transaction, the store identification as designated by the applicable law enforcement agency, or the name and address of the business and the name of the person or employee conducting the transaction and the location of the property.
(b) This record shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection of any commissioned law enforcement officer of the State or any of its political subdivisions who is accompanied by a representative of the Police Department, and shall be maintained wherever that business is conducted for three years following the date of the transaction. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.060 Transcript of Records to Police Department Required.
A. Every pawnbroker or secondhand dealer in the City or their employees shall keep an accurate record in which shall be legibly written at the time of each transaction an accurate description of the goods, articles or things purchased or pawned, the time of purchasing or pledging the same, the amount of money paid therefor or loaned thereon, the rate of interest to be paid on such loan, the time within which said pawn is to be redeemed, and the name, age, place of residence, with the street number of the house of the person selling or pledging such article or thing. When any jewelry, or gold or silver articles of any kind, are sold or pledged to any pawnbroker or secondhand dealer he shall note in such records all letters or marks inscribed thereon.
B. Upon request, every pawnbroker and secondhand dealer doing business in the City shall furnish a full true and correct transcript of the record of all transactions conducted on the preceding day. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the Chief of Police within a specified time not less than 24 hours. This information may be transmitted to the applicable law enforcement agency electronically by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of and approved by the Chief of Police. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.070 Stolen Property.
A. Following notification from a law agency that an item of property has been reported stolen, the pawnbroker or secondhand dealer shall hold that property intact and safe from alteration, damage, or commingling. The pawnbroker or secondhand dealer shall place an identifying tag or other suitable identification upon the property so held. Property held shall not be released for 120 days from the date of police notification unless released by written consent of the applicable law enforcement agency or by order of a court of competent jurisdiction. In cases where the applicable law enforcement agency has placed a verbal hold on an item, that agency must then give written notice within 10 business days. If such written notice is not received within that time, the hold order will cease. The pawnbroker or secondhand dealer shall give a 20-day written notice before the expiration of the 120-day holding period to the applicable law enforcement agency about the stolen property. If notice is not given within the required 20 days, then the hold on the property shall continue for an additional 120 days. The applicable law enforcement agency may renew the holding period for additional 120-day periods as necessary. After the receipt of notification from a pawnbroker or secondhand dealer, if an additional holding period is required, the applicable law enforcement agency shall give the pawnbroker or secondhand dealer written notice, prior to the expiration of the existing hold order. A law enforcement agency shall not place on hold any item of personal property unless that agency reasonably suspects that the item of personal property is a lost or stolen item. Any hold that is place on an item will be removed as soon as practicable after the items on hold are determined not to be stolen or lost.
B. If a pawnbroker or secondhand dealer has good cause to believe that any property in his or her possession has been previously lost or stolen, the pawnbroker or secondhand dealer shall promptly report that fact to the applicable Chief of Police or county’s law enforcement officer together with the name of the owner, if known, and the date when, and the name of the person from whom it was received. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.080 Consignment Property.
A. Property bought or received on consignment by any secondhand dealer with a permanent place of business in the City shall not be removed from that place of business, except consigned property returned to the owner, within 30 days after the receipt of the property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the State or any of its political subdivisions.
B. Property bought or received on consignment in the City by a secondhand dealer without a permanent place of business in the City shall be held within the City, except consigned property returned to the owner within 30 days after receipt of the property. The property shall be available for inspection at reasonable times by any commissioned law enforcement officer of the State or any of its political subdivisions. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.090 Interest Fees.
A. All pawnbrokers are authorized to charge and receive interest and other fees at the following rates for money loaned on the security of personal property actually received in pledge. The interest charged shall not exceed the rules set forth in RCW 19.60.060 as it now reads or is hereinafter amended.
B. The fee for the preparation of documents, pledges, or reports required under the laws of the United States of America, the State of Washington, or the counties, cities, towns, or other political subdivisions thereof, shall not exceed the amounts set forth in RCW 19.60.060 as it now reads or is hereinafter amended.
C. Fees as set forth in subsection A and B above may be charged only one time during the term of a pledge. A copy of the fees as set forth in RCW 19.60.060 as it now reads or is hereinafter amended shall be posted prominently in each premises subject to this chapter. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.100 Sale of Property.
A. A pawnbroker shall not sell any property received in pledge until both the term of the loan and the grace period of a minimum of 60 days has expired. However, if a pledged article is not redeemed within the 90-day period of both the term of the loan and the grace period, the pawnbroker shall have all rights, title, and interest of that item of personal property. The pawnbroker shall not be required to account to the pledgor for the proceeds received from the disposition of that item. Any provision of law relating to foreclosures and the subsequent sale of forfeited pledged items shall not be applicable to any pledge as defined under this chapter, the title to which is transferred in accordance with this section.
B. Every transaction entered into by a pawnbroker shall be evidenced by a written document, a copy of which shall be furnished to the pledgor. The document shall set forth the term of the loan, the date of the loan, the date on which the loan is due and payable, and shall inform the pledgor of the pledgor’s right to redeem the pledge within 60 days after the expiration of the loan term. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.110 Acts of Employees - Deemed Act of Dealer.
The act of any servant or employee of any such dealer, shall be deemed the act of such dealer. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.120 Vehicle Dealers.
No person, firm, corporation, co-partnership or any other organization of any kind shall engage in the business or occupation of buying, selling, trading or in any manner handling secondhand automobiles, trucks, tractors, motorcycles or similar vehicles for the purpose of dismantling or breaking up the same into parts without the payment of a license fee to the City of Lake Stevens per year, and all persons, firms, corporations or any other organizations engaged in handling secondhand automobiles, trucks, motorcycles or similar vehicles for the purpose of dismantling or breaking up the same into parts shall keep an accurate account of all such motor vehicles handled, traded, purchased or sold, together with the engine number or the identification mark on such motor vehicle, the name and address of the person or persons, firm, corporation or other organization selling the same or buying the same, and such books of accounts shall at all times be kept open to the inspection of the Police Department; provided, that dealers in new motor vehicles who take used motor vehicles in exchange shall not be required to keep such records of sales. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.130 Violations.
It is a gross misdemeanor for:
A. Any person to remove, alter or obliterate any manufacturer’s make, model or serial number, personal identification number or identifying marks engraved or etched upon an item of personal property that was purchased, consigned or received in pledge or a secondhand purchase where the manufacturer’s make, model or serial number, personal identification number or identification marks engraved or etched upon an item of personal property have been removed, altered or obliterated;
B. Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record or writing required to be kept under this chapter;
C. Any pawnbroker or secondhand dealer to receive any property from any person under the age of 18 years, and person under the influence of intoxicating liquor or drugs, or any person known to the pawnbroker or secondhand dealer as having been convicted of burglary, robbery, theft or possession of or receiving stolen property within the past 10 years whether the person is acting on his or her own behalf or as the agent of another; or
D. Any person to violate knowingly any other provision of this chapter or amendments thereto. (Ord. 957, Sec. 1 (Exh. A), 2016)
4.12.140 Penalties.
Any person, firm or corporation violating any provision of this chapter shall be guilty of a gross misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $5,000 or by imprisonment not exceeding 365 days or by both such fine and imprisonment. (Ord. 957, Sec. 1 (Exh. A), 2016; Ord. 555, 1997)