Chapter 5.20
PAWNBROKERS
Sections:
5.20.010 License – Required – Fee.
5.20.020 License – Application requirements.
5.20.030 Record – Maintenance required – Contents – False entries.
5.20.040 Record – Daily transcript to police required.
5.20.050 Record – To be open for inspection.
5.20.060 Interest charges – Holding goods for redemption.
5.20.070 Removing goods from pawnshop prohibited – Purchasing goods from certain persons prohibited.
5.20.080 Pawnshop hours of operation.
5.20.090 Violations – Penalty.
5.20.010 License – Required – Fee.
It is unlawful for any person to engage in the business of pawnbroker or conduct a pawnshop without a pawnbroker’s license. The fee for such license shall be the sum of $35.00. (Ord. 296 § 1, 1958).
5.20.020 License – Application requirements.
Application for a pawnbroker’s license shall be in writing, filed with the city council on forms furnished by the chief of police, and shall be accompanied by the required fee. The application shall be referred to the police department for recommendation. If the city council approves the application, it may by resolution direct the issuance of the license by the city clerk-treasurer. (Ord. 296 § 2, 1958).
5.20.030 Record – Maintenance required – Contents – False entries.
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.
C. Anyone who pledges, sells or consigns any property to or with a pawnshop or pawnbroker shall sign the records required to be kept by such dealer with his true name and shall include his correct residence address. (Ord. 296 § 3, 1958).
5.20.040 Record – Daily transcript to police required.
A. It shall be the duty of every pawnbroker, before 12:00 noon of every business day, to report to the chief of police on a blank form, to be furnished by the police department, a full, true and correct transcript of the record 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 of 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 fails, neglects or refuses to make such report, or who reports any material matter falsely to the chief of police, shall be guilty of the violation of this chapter. (Ord. 296 § 4, 1958).
5.20.050 Record – 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 peace officer, prosecuting attorney or city attorney, and all articles or things received, purchased or left in pledge with the pawnbroker shall at all times be open to a like inspection. (Ord. 296 § 5, 1958).
5.20.060 Interest charges – Holding goods for redemption.
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 asks or receives 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 sells any property held for redemption, within 90 days after the period for redemption has expired, shall be deemed guilty of violation of this chapter. (Ord. 296 § 6, 1958).
5.20.070 Removing goods from pawnshop prohibited – Purchasing goods from certain persons prohibited.
A. It is unlawful for any pawnbroker to remove any goods, articles or things purchased by him or left with him, in pledge, from his store or place of business until the expiration of 10 days after the same were purchased, received or left in pawn, unless the goods, articles or things have, within the time specified, been inspected, as provided in this chapter.
B. It is unlawful for any pawnbroker, his clerk or employee, to receive in pledge, or purchase, any article or thing from any person under 21 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 who is known to be a thief or a receiver of stolen property, or from any person whom he has reason to suspect or believe to be such.
C. 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. (Ord. 296 § 7, 1958).
5.20.080 Pawnshop hours of operation.
It is unlawful for any pawnbroker to conduct or carry on the business of pawnbroker, in whole or in part, directly or indirectly, or to open or keep open his pawnshop for the transaction of any business whatsoever therein, between the hours of 7:00 p.m. and 7:00 a.m. (Ord. 296 § 8, 1958).
5.20.090 Violations – Penalty.
A. Every pawnbroker and every clerk, agent, or employee of a pawnbroker shall be guilty of a misdemeanor, who:
1. Fails to make an entry of any material matter in his records; or
2. Makes any false entry therein; or
3. Falsifies, obliterates, destroys or removes from his place of business any book or record; or
4. Refuses to allow the prosecuting attorney, city attorney or any peace officer to inspect his records, or any goods in his possession, during the ordinary hours of business; or
5. Reports any material matter falsely to the chief of police; or
6. 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 section that Saturday’s business may be reported on Monday; or
7. 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; or
8. Removes or allows to be removed from his place of business, except upon redemption by the owner thereof, any property received, before 10 days have elapsed since the receipt thereof was reported to the chief of police; or
9. Receives any property from any person under the age of 21 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, or any known associate of such thief or receiver of stolen property, whether such person be acting in his own behalf or as the agent of another.
B. Any person, firm or corporation who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in any sum not to exceed $300.00 or by imprisonment in the city jail for a term not to exceed 90 days or by both fine and imprisonment. (Ord. 296 § 9, 1958).