Chapter 5.16
PAWNBROKERS*

Sections:

5.16.010    Definitions.

5.16.030    Pawnbroker required to keep transaction records—Contents.

5.16.040    Transcript of pawnbroker’s record to be furnished to chief of police.

5.16.050    Records of pawnbroker to be open for inspection.

5.16.060    Pawnbroker must hold goods—Interest charges.

5.16.070    Goods not to be removed from pawnshop.

5.16.080    Purchasing goods from suspicious persons unlawful.

5.16.090    Violation—Penalty.

*    For statutory provisions authorizing cities of the second class to license pawnbrokers, see RCW 35.23.440(5).

5.16.010 Definitions.

A.    “Pawnbroker” as used in this chapter, means and includes every person who takes or receives by way of pledge, pawn or exchange, goods, wares or merchandise, or any kind of personal property whatever, for the repayment or security of any money loaned thereon, or to loan money on deposit of personal property.

B.    “Pawnshop” means and includes every place at which the business of pawnbroker is being carried on. (Prior code § 5.12.010)

5.16.030 Pawnbroker required to keep transaction records—Contents.

A.    It shall be the duty of every pawnbroker to maintain at his place of business a book or other permanent record, in which shall be legibly written, in the English language, at the time of such loan, purchase or sale, a record thereof containing:

1.    The date of the transaction;

2.    The name of the person or employee conducting the same;

3.    The name, age, street and house number, and the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had;

4.    The name and street and house number of the owner of the property bought or received in pledge;

5.    The street and house number of the place from which the property bought or received in pledge was last removed;

6.    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 case of jewelry shall contain a description of all letters and marks inscribed thereon;

7.    The price paid or the amount loaned;

8.    The name and street and house numbers of all persons witnessing the transaction;

9.    The number of any pawn tickets issued therefor.

B.    It is unlawful for any pawnbroker and every clerk, agent or employee of such pawnbroker to fail, neglect or refuse to make entry in any material matter in his record, as required by this section, or to make any false entry therein, or to obliterate, destroy or remove from his place of business such record. (Prior code § 5.12.030)

5.16.040 Transcript of pawnbroker’s record to be furnished to chief of police.

A.    It shall be the duty of every pawnbroker, before noon of every business day, to report to the chief of police on blank forms to be furnished by the police department, a full, true and correct transcript of all transactions had on the preceding day. It shall also be the duty of any pawnbroker having good cause to believe any property in his possession has been previously lost or stolen, to report such fact to the chief of police, together with the name of the owner, if known, and the date and name of the person from whom the same was received by such pawnbroker.

B.    Every pawnbroker and every clerk, agent or employee of such pawnbroker who shall fail, neglect or refuse to make such report, or shall report any material matter falsely to the chief of police, shall be guilty of the violation of this chapter. (Prior code § 5.12.040)

5.16.050 Records of pawnbroker to be open for inspection.

All books and other records of any pawnbroker relating to purchase, pledge, exchange, barter or receipt of any goods, wares, merchandise or other articles or things of value, shall at all times be open for inspection by the chief of police, or a police officer detailed for that purpose, and all articles or things received, purchased or left in pledge with said pawnbroker shall at all times be open to a like inspection. (Prior code § 5.12.050)

5.16.060 Pawnbroker must hold goods—Interest charges.

All pawnbrokers are authorized to charge and receive interest at the rate of three percent per month, from any loan on the security of personal property actually received in pledge, and every person who shall ask or receive a higher rate of interest or discount on any such loan, or on any actual or pretended sale or redemption of personal property, or who shall sell any property held for redemption, within ninety days after the period for redemption shall have expired, shall be deemed guilty of violation of this chapter. (Prior code § 5.12.060)

5.16.070 Goods not to be removed from pawnshop.

It is unlawful for any pawnbroker to remove any goods, articles or thing purchased by him, or left with him, in pledge, from his store or place of business until the expiration of ten days after the same were purchased, received or left in pawn, unless the said goods, articles or things have within the time specified, been inspected as provided in this chapter. (Prior code § 5.12.070 (part))

5.16.080 Purchasing goods from suspicious persons unlawful.

A.    It is unlawful for any pawnbroker, his clerk or employee, to receive in pledge, or purchase, any article or thing from any person under twenty-one 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 drugs, or from any person whom he has reason to suspect or believe to be such.

B.    The fact of loaning money upon or purchasing goods from any of the classes of persons enumerated in this section shall be prima facie evidence of an intent on the part of such pawnbroker, his agent or employee, to violate this chapter. (Prior code § 5.12.070 (part))

5.16.090 Violation—Penalty.

Any person, firm or corporation violating any of the provisions of this chapter, shall upon the conviction thereof be fined in any sum not exceeding three hundred dollars, or be imprisoned in the city jail for not more than ninety days, or be punished by both such fine and imprisonment, and in addition thereto the license of such person may be revoked. (Prior code § 5.12.080)