Chapter 5.72
PAWNBROKING
Sections:
5.72.060 Period of redemption.
5.72.070 Prohibited transactions.
5.72.080 Termination of business.
5.72.100 Number of licenses to be granted.
5.72.010 License required.
It is unlawful for any person, firm or corporation to engage in the business of pawnbroking in the city without first obtaining a license pursuant to the provisions of the chapter. (Ord. 1142 § 1, 1994)
5.72.020 Pawnbroker defined.
The term “pawnbroker,” whenever used in this chapter, shall be held and construed to mean and include every person, firm or corporation engaged in whole, or in part, in the business of loaning money on the security of pledges, deposits, or conditional sales of personal property, or who makes a public display at, or near, his place of business of any sign or symbol generally used by pawnbrokers, or of any sign indicating that he has money to loan on personal property on deposit or pledge. (Ord. 1142 § 1, 1994)
5.72.030 Records.
(1) It shall be the duty of every pawnbroker, before making any loan or receiving any goods or property, in the course of business, to verify the identity of the customer by some bona fide means of identification, and to maintain in his place of business a book or other permanent record in which shall be legibly written, in ink, in the English language, at the time of each transaction, a record thereof containing the date of the transaction, the name of the person or employee conducting the same, the printed name, written signature, sex, street and house number. Also it shall contain the evidence by which the identity of such person was verified, the name, street, and house number of the owner of the property received in pledge, a description of the property received in the pledge, which shall include the name of the maker of such property or manufacturer thereof and the serial number, if the article has such marks on it, or any other inscription or identifying marks; provided, that when the article received is furniture or the contents of any house or room actually inspected on the premises, a general description of said property shall be sufficient, the number of any pawn ticket issued therefor and the amount loaned.
(2) Such record and all articles received shall at all times be open to inspection of the chief of police or any police officer of the city of Washougal, under his order, and no entry made in said report shall be erased or in any manner obliterated or defaced. Records shall be maintained and kept available for a period of three years from the date of issuance of the pawn ticket. (Ord. 1142 § 1, 1994)
5.72.040 Pawn ticket and tag.
Every pawnbroker shall issue numbered pawn tickets for all goods or property received by him as pledges for loan, which tickets shall be considered receipts for such goods or property. Tags shall be attached to all such goods or property and upon each tag shall be written in legible figures a number which shall correspond to the number on the pawn ticket issued for such article or articles. (Ord. 1142 § 1, 1994)
5.72.050 Report to police.
Every pawnbroker in the city shall before noon on Monday furnish to the chief of police, at his office, on such forms as he may provide thereof, a full, true and correct transcript, in the English language, a record of all transactions had in the previous week, and if such pawnbroker shall have reason or 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 when and the name of the person from whom the same was received by him. (Ord. 1142 § 1, 1994)
5.72.060 Period of redemption.
No pawnbroker shall sell any property held by him as security for a loan until 90 days have expired from the date of the original transaction, nor shall he remove or permit to be removed from his place of business, for any purpose whatsoever, any property which may have been pawned with him within two working days from the date of the pawning of said property, nor shall he permit the property to be redeemed within said two-day period. If any interest on any such loan be paid, the time of redemption shall be extended for an additional period equal to the time covered by such interest payment. (Ord. 1142 § 1, 1994)
5.72.070 Prohibited transactions.
No pawnbroker shall receive any goods or property from any person under the age of 18 years, or from any person under the influence of intoxicating liquor, or from any habitual criminal, or from any known thief, or from a receiver of stolen property, or from any person whom he has reason to suspect or believe to be such, whether such person be acting in his own behalf or as the agent of another. No pawnbroking transactions or any part of such transactions shall be carried on or conducted on any day before 8:30 a.m. or after 7:00 p.m.; nor on Sunday or on New Year’s Day, Presidents’ Day, Declaration of Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or any other day recognized by the city as an official closing day; provided, however, that such establishment may remain open for carrying on the business of retail merchandising at any time on any day of the week unless prohibited by law. (Ord. 1576 § 1, 2007; Ord. 1142 § 1, 1994)
5.72.080 Termination of business.
Whenever any person, firm or corporation engaged in business as a pawnbroker ceases, terminates or winds up such business, such intention shall be published by an advertisement in a daily and weekly newspaper published in the Clark County area, and such business shall be continued for a period of not less than 120 days from the date of such publication, during which period no additional loans shall be made; provided, however, that this section shall not apply where such business is sold in its entirety to a pawnbroker duly licensed pursuant to the provisions of this chapter, in which case a written list of all outstanding loans for which redemption periods have not expired shall be furnished to the chief of police prior to the actual date of the sale of such business. (Ord. 1142 § 1, 1994)
5.72.090 License fee.
The license fee for each pawn shop shall be $250.00, and the same is hereby fixed, payable in advance. (Ord. 1142 § 1, 1994)
5.72.100 Number of licenses to be granted.
The city shall grant only one pawnbroker’s license for each 8,000 residents of the city. (Ord. 1142 § 1, 1994)
5.72.110 Violation – Penalty.
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a gross misdemeanor, under Chapter 9A.20 RCW, and in addition hereto, any person found in violation of any provisions of this chapter shall have his license granted hereunder revoked for not less than 30 days for the first violation, and not less than 90 days for the second violation, and upon the third violation, in any one calendar year, the pawnbroker’s license shall be permanently canceled. (Ord. 1142 § 1, 1994)