Chapter 5.25
PAWNBROKERS AND SECONDHAND DEALERS
Sections:
Article I. Pawnbrokers
5.25.030 Licenses – Fee – Transfer.
5.25.040 Licenses –Revocation.
5.25.050 Licenses – Secondhand dealer’s license not required.
5.25.070 Records – Required – Contents.
5.25.080 Records – Delivery to police – Retention of copy.
5.25.090 Inspection of records, merchandise, etc.
5.25.100 Stolen or illegally obtained property.
5.25.110 Transactions with minors.
Article II. Secondhand Dealers
5.25.160 Inspection of records, merchandise, etc.
5.25.170 Stolen or illegally obtained property.
Article I. Pawnbrokers
5.25.010 Definition.
For the purpose of this article, the term “pawnbroker” shall mean any person who advances or loans money or other valuable things on the deposit of personal property on the condition of selling the same back at a stipulated price. [Ord. 713 § 1, 2005.]
5.25.020 Licenses – Required.
No person shall at any time carry on the business of a pawnbroker without obtaining a license therefor. Any person or entity carrying on the business of a pawnbroker at the time the ordinance codified in this chapter is passed shall have 30 days from the third and final reading to obtain a license. [Ord. 713 § 1-2, 2005.]
5.25.030 Licenses – Fee – Transfer.
The pawnbroker’s license fee shall be in the amount of $100.00 per year or the prorated amount. Such license shall not be transferable. The license shall be renewed and the license fee paid each year by January 15th. [Ord. 713 § 1-3, 2005.]
5.25.040 Licenses – Revocation.
In addition to any other penalty which may be imposed for a violation of the provisions of this article, the governing body may require that any person who shall violate or fail to comply with any provision of this article shall forfeit his license as a pawnbroker. [Ord. 713 § 1-4, 2005.]
5.25.050 Licenses – Secondhand dealer’s license not required.
Persons holding a pawnbroker’s license and also engaged in business as a secondhand dealer shall not be required to be licensed as a secondhand dealer in addition to his pawnbroker’s license. [Ord. 713 § 1-5, 2005.]
5.25.060 Bond.
Any applicant for a license under this article shall execute to the town of Wheatland a bond in the penal sum of $1,000 conditioned that in the conduct of such business he will respect and obey the provisions of this chapter and other ordinances of the town of Wheatland applicable thereto and will pay all damages that may accrue to any person by reason of any fraud or misconduct in managing such business. [Ord. 713 § 1-6, 2005.]
5.25.070 Records – Required – Contents.
Every pawnbroker shall keep at his place of business an accurate description of all property received on deposit or purchased, the time when the property was received or purchased and mentioning particularly any descriptive or identifying marks that may be on such property, together with the name, residence and accurate description of the person by whom the property was left and such other information as may be required by the chief of police. Such entries must be made on the day such property is received, using ink or indelible pencil or on a computer, and no entry shall be erased or obliterated. All records shall be clean and legible and in such form as the chief of police shall prescribe. [Ord. 713 § 1-7, 2005.]
5.25.080 Records – Delivery to police – Retention of copy.
Before noon of the first business day of each week, each pawnbroker shall deliver to the police department a true and accurate copy of the original record required by WMC 5.25.070 which shall include all of the business done during the preceding week and from the time of the last report to the day such report is made. The original of such report shall be kept by the pawnbroker for his permanent records. [Ord. 713 § 1-8, 2005.]
5.25.090 Inspection of records, merchandise, etc.
Every pawnbroker shall, upon request, during the ordinary business hours, submit and exhibit the records required by WMC 5.25.070 to the inspection of police officers and permit any officer to make a copy thereof. He shall also, upon request, exhibit for the inspection of any officer any property that may be received by him. [Ord. 713 § 1-9, 2005.]
5.25.100 Stolen or illegally obtained property.
Any pawnbroker who shall have accepted, obtained or bought any property, either new or secondhand, from any person, not knowing the same to have been stolen or illegally obtained, shall deliver the same into the hands of the lawful owner when such owner shall have made a reasonably accurate and certain identification by means of number or description in the presence of the peace officer; provided, however, if the pawnbroker disputes the ownership the property shall be taken into possession by a police officer until such time as the pawnbroker or the lawful owner obtains a court order directing the town to release the property. [Ord. 713 § 1-10, 2005.]
5.25.110 Transactions with minors.
No pawnbroker shall transact any such business with any person under the age of 18 years. [Ord. 713 § 1-11, 2005.]
Article II. Secondhand Dealers
5.25.120 Definitions.
Every person who buys, sells, exchanges or deals in personal property that has been previously used, broken or disfigured shall be considered a secondhand dealer; provided, that merchants who deal in new furniture, dishes or other regular household furnishings and accept such articles for credit on the purchase price of new or used articles sold contemporaneously which are of similar character to the goods so exchanged shall not be considered secondhand dealers for the purposes of this article. [Ord. 713 § 2-1, 2005.]
5.25.130 Exemptions.
Specifically exempted from this definition are those persons not operating as a pawnbroker, who buy, sell, exchange or deal in rare coins, antique furniture and home furnishings, sports memorabilia, dispersal auctions and not-for-profit fundraising activities. [Ord. 713 § 2-2, 2005.]
5.25.140 Licenses.
No person shall conduct any business as a secondhand dealer in the municipality without obtaining a license therefor, except holders of a pawnbroker’s license. The fee for such license shall be $100.00 per year or a prorated amount. The license shall be renewed and the license fee paid each year by January 15th. [Ord. 713 § 2-3, 2005.]
5.25.150 Records generally.
Every dealer licensed under this article shall keep at his place of business an accurate detailed record of every article purchased by him, exclusive of household furnishings. Such record shall include the date of purchase, name of seller, amount paid and a description of the article. Such records shall be clean and legible and a copy thereof delivered to the chief of police before noon of the first business day of each week. [Ord. 713 § 2-4, 2005.]
5.25.160 Inspection of records, merchandise, etc.
Every secondhand dealer shall, upon request, during ordinary business hours, submit and exhibit the records required by WMC 5.25.150 to the inspection of the chief of police or any regular police officer of the town of Wheatland and permit any officer to make a copy thereof. He shall also upon request exhibit for the inspection of such officers any personal property or merchandise, exclusive of household furnishings, that may be so received by him. [Ord. 713 § 2-5, 2005.]
5.25.170 Stolen or illegally obtained property.
Any secondhand dealer who shall have accepted, obtained or purchased any new or secondhand personal property or merchandise from any person, not knowing the same to have been stolen or illegally obtained, shall deliver the same into the hands of the lawful owner when such owner shall have made a reasonably accurate and certain identification by means of number or description in the presence of the peace officer; provided, however, if the secondhand dealer disputes the ownership the peace officer shall take possession of such property until such time as the secondhand dealer of the lawful owner obtains a court order directing the town to release the property. [Ord. 713 § 2-6, 2005.]