Chapter 5.48
PAWNBROKERS AND
SECONDHAND DEALERS*
Sections:
5.48.060 Duty to record information.
5.48.070 Report to chief of police.
5.48.080 Duties upon notification that property is reported stolen.
5.48.090 Retention of property by pawnbrokers – Inspection.
5.48.100 Retention of property by secondhand dealers – Inspection.
5.48.110 Rates of interest and other fees – Sale of pledged property.
5.48.130 Attorney fees and costs in action to recover possession or determine title or ownership.
5.48.140 Prohibited acts – Penalty.
5.48.150 Resale agreement to avoid interest and fee restrictions prohibited.
5.48.160 Seller or consignee to give true name and address.
5.48.180 Transactions with prohibited persons.
*Prior legislation: Ord. 1187.
5.48.010 Purpose and scope.
This chapter is intended to supplement the general provisions of Chapter 5.04 MMC. (Ord. 1434 § 1, 1999).
5.48.020 License required.
It shall be unlawful for any person, in the incorporated area of the city, without first obtaining a license pursuant to the provisions of this chapter and Chapter 5.04 MMC to: (1) engage in business of pawnbrokering; or (2) deal in secondhand or antique property. (Ord. 1434 § 1, 1999).
5.48.030 Exemptions.
This chapter shall not apply to any bona fide charitable or nonprofit organization; to motor vehicle dealers licensed under Chapter 46.70 RCW; to motor vehicle wreckers or bulk haulers licensed under Chapter 46.79 or 46.80 RCW; to persons giving an allowance for the trade-in or exchange of secondhand property on the purchase of other merchandise of the same kind or greater value; and to persons in the business of buying empty food and beverage containers or nonmetal junk. (Ord. 1434 § 1, 1999).
5.48.040 License fees.
The licenses for activities pursuant to this chapter are as follows:
A. Pawnbrokers: $1,000 per year.
B. Secondhand and antique dealers: $100.00 per year. (Ord. 1434 § 1, 1999).
5.48.050 Definitions.
RCW 19.60. 010 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.060 Duty to record information.
RCW 19.60.020 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.070 Report to chief of police.
RCW 19.60.040 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.080 Duties upon notification that property is reported stolen.
RCW 19.60.045 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.090 Retention of property by pawnbrokers – Inspection.
RCW 19.60.050 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.100 Retention of property by secondhand dealers – Inspection.
RCW 19.60.055 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.110 Rates of interest and other fees – Sale of pledged property.
RCW 19.60.060 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.120 Pawnbrokers – Sale of pledged property limited – Written document required for transactions.
RCW 19.60.061 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.130 Attorney fees and costs in action to recover possession or determine title or ownership.
RCW 19.60.062 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.140 Prohibited acts – Penalty.
RCW 19.60.066 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.150 Resale agreement to avoid interest and fee restrictions prohibited.
RCW 19.60.068 is adopted by reference as though set forth herein in full. (Ord. 1434 § 1, 1999).
5.48.160 Seller or consignee to give true name and address.
Anyone who pledges, sells or consigns any property to or with a pawnbroker or secondhand dealer shall sign the records required to be kept by such pawnbroker or secondhand dealer with his or her true name, shall include his or her correct address and telephone number, and shall provide for inspection by the licensee of one of the following forms of identification which shall contain a photograph of the individual: driver’s license; instruction permit or identification card of any state or a province of Canada; “identicard” issued by the Washington State Department of Licensing pursuant to RCW 46.20.117; United States active duty military identification; and/or passport. (Ord. 1434 § 1, 1999).
5.48.170 Police holds.
A. A police officer may place a “hold” upon property in the possession of a pawnbroker and/or pawnshop which is reported to be stolen by notifying the pawnbroker and/or pawnshop and making an entry upon the permanent record required by MMC 5.48.060, indicating that such item is stolen property. The licensee shall then:
1. Tag or otherwise reasonably identify the item;
2. Hold it in a place on the business premises of the dealer to which police officers shall have access at any time during the dealer’s regular business hours; and
3. Keep the item safe from alteration, loss, damage, or commingling with other goods.
B. In cases where the police have placed verbal hold on an item, the police must then give written notice within 10 business days. If such written notice is not received within that period of time, then the hold order will cease.
C. In any event, the hold will expire at the end of 120 days, unless renewed in writing by a law enforcement officer. The renewal period shall be of the same duration. Property held shall not be released for 120 days from the date of police notification unless released by written consent of the police chief or his or her designee or by an order of a court of competent jurisdiction. The pawnbroker shall give 20 days’ written notice before the expiration of the 120-day hold period to the police chief or his or her designee about the stolen property. If notice is not given within the required 20-day period then the hold on the property shall continue for an additional 120 days. The police chief or his designee may renew the holding period for additional 120-day periods as necessary.
D. After receipt of notification from a pawnbroker or secondhand dealer, if an additional holding period is required, the police shall give the pawnbroker or secondhand dealer written notice, prior to the expiration of the existing hold order. The police 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 placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost. (Ord. 1434 § 1, 1999).
5.48.180 Transactions with prohibited persons.
It is unlawful for any pawnbroker or secondhand dealer, his agent, employee or representative to purchase or exchange any article or thing from any person under 18 years of age, or from any person who is at the time intoxicated, or from any habitual drunkard or from any person addicted to the use of narcotic drug, a receiver of stolen goods, or from any person whom he has reason to suspect to believe to be such. Notification by the police department given to such licensee, his agent, employee or representative that a person has been convicted of burglary, larceny or receiver of stolen goods shall constitute sufficient notice of such convictions under the provision of this chapter, and shall be prima facie evidence that the licensee, his agent, employee or representative, has due notice thereof. (Ord. 1434 § 1, 1999).