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HomeMy Public PortalAboutOrd. 444 - Pawn Broker License - ORDINANCE NO . - - AN ORDINANCE RELATING TO PAWN BROKERS ; PROVIDING DEFINITIONS ; REQUIRING A LICENSE TO ENGAGE- IN- SUCH BUSINESS ; '-REQUIRING A -LICENSE' APPLICATION AND' PROCEDURE FOR'.I-SSUANCE OF SUCH LICENSE; REQUIRING-THAT-- CERTAIN RECORDS BE KEPT ;t- SETTING FORTH PROHIBITED PRACTICES ; RESTRICTING SALES ; RESTRICTING SALES OR REDEMPTION OF PROPERTY UPON NOTICE FROM THE CHIEF OF POLICE OR ANY MEMBER OF THE POLICE `DEPARTMENT ; PROVIDING BUSINESS HOURS PROVIDING FOR RETURN OF STOLEN PROPERTY TO. TRUE OWNER; DEFINING UNLAWFUL PRACTICES ; AND -PROVIDING PENALTIES ._ _ BE IT ORDAINED' BY THE. MAYOR AND COUNCIL OF THE CITY OF McCALL,, IDAHO , AS. FOLLOWS : Section 1. DEFINITIONS : Every person, firm, association or corporation who makes it a business to loan money -on deposit or purchase-- of---personal property or other valuable thing, or who deals in the purchase of personal .valuable thing on condition of . selling property or other the same back again at a .stipulated price, or -who. loans money secured. by S.ecurity -Agreement -or personal- property., having: possession -of' the property, or any portion or part .thereof so secured or. who advertises _by use-. of ,'Three Ball" , or by .advertising . "unredeemed pledges" , or pawnbroker ' s sign, or by using the termm"uncle" , .or by any other expression designating pawnbroker.' s -business , ,shall ,- for all intent-s:. and. purposes under this Ordinance b:e declared- to be a -pawn- broker within'the meaning of this Ordinance. Section 2 LICENSE REQUIRED ; APPLICATION ; AND PROCEDURE : (A) It shall be unlawful for any person to engage in the - business of a .pawnbroker unless a valid. license therefor has been issued as provided for in this -Ordinanc.e andwhich is in .full force and effect . (B) Anapplicationfor such license shall be made to the -City Clerk in such form and manner as lie may-prescribe. (C) Upon receipt of an .application -for a- license,. the City Clerk shall cause an investigation to be made of .the applicant by -the -Police, Department . (D) Upon completion of such investigation, the City Clerk shall issue;... subject: to Council approval , a license _which shall. expire on the 31st day..of December of the. year of its issuance , unless sooner revoked or. surrendered. ORDINANCE - 1. -Licenses shall not be transferable either as to person or place. The Council may refuse to issue a license for .any premises which, in' the opinion of the Council, are not suitably located for enforcement purposes having due regard to the type and character ofbusiness and traffic in the - . locale of the proposed business . In the event that the .. Council refuses to- issue a license", the Council shall provide the applicant a written explanation of the specific reasons for' the denial. (E) The City Clerk shall .collect before the., issuance of any license or. renewal thereof, the sum of -$ 100 - per year or any portion thereof.: (F) No license shall beissued to any person who is not eighteen (18) years of age or older. Section 3 . COVERAGE OF ORDINANCE : The requirements , restrictions ; and prohibitions of this Ordinance shall apply only to the. business .of - "pawnbroking" , as. defined in Section 1. above. ' In the event that any licensee who falls within the coverage of -this -Ordinance -conducts business not covered by-"Section 1. herein, on the. s.ame premises or at a separate .' location, said separate business or businesses shall be . exempt from the terms of this Ordinance, and,- the City shall have no regulatory power over said. separate business or businesses by- means of this Ordinance. Section. 4 . RECORDS : Every pawnbroker shall keep a record.-of every article pledged with him or sold to him, and this -record shall be open to the inspection -of any police officer at any reasonable time during the hours of business . Such record shall provide the following information (A) Name, address and license number of the pawnbroker (B) The pledger or seller' s motor vehicle operator ' s or chauffeur ' s license number and the. state of issue; (C) _ The date. of .the transaction, . the article pledged or sold together with its description-, serial number or other identification, and the amount and terms of the loan; (D) Signature lines or space for 'the ..execution by both pawnbroker and pledger or seller. Every record shall be executed by the -pawnbroker and the pledger or seller .and at the time .of execution, the pawnbroker shall compare the signature upon the operator ' s license with that upon the record. . Every pawnbroker shall be required to ascertain -title in and to any article pledged or sold to him.. - This Section shall apply to all second hand purchases for resale, but shall not apply to articles of new merchandise purchased by a pawnbroker in the ordinary channels of trade ., ORDINANCE - '2. All records shall be made in, triplicate., with one (1) of..the. three said copies- to be -separa,tely filed -by- date, - and retained for inspection by the Police Department as allowed herein. Section 5 . MINORS. AND INTOXICATED PERSONS : No . pawnbroker shall knowingly: (A). Have 'any business dealings ' as. -.a pawnbroker with any. person less than eighteen (18) years of age, except with the written consent of the parent or guardian of the minor as to each particular transaction and in' that event the parent or .guardian must execute . the record required by, Section. 4 : and- furnish proof of i_ dent:ification as any pledger or seller of any article with such being recorded upon the aforesaid record. . (B) Employ. a person less than eighteen (18) years- of age to assist him in his business . (C) Have any. business dealings as a. pawnbroker with an intoxicated person or an habitual drunkard. . Section 6 . . SALES : Upon notice from an appropriate Police Agency that an item of a :particular description (including model number and serial number, if available) has allegedly- been stolen and is the''subject of an investi- gation by .said Agency, then any pawnbroker purchasing at his place of business an item meeting said description, 'shall : (A) Promptly notify the par..ticular, Agency of his receipt of said item'; and, .(B) Hold .atlhis ::place of' business: and 'not sell said- item for a space:�of at . east thirty - (30) days . Section 7 . D,I.SCLO.SURES : ' It 'sha.11 be. the duty. of every pawnbroker_ as. herein, defined �to provide to each person accepting a..loan an explicit and clear explanation of- the exact terms -,. conditions and .options of the particular transaction and the precise consequences of default- thereon. Section 8 . NOTICE FROM POLICE DEPARTMENT: Whenever the Chief -of Police or any member of the Police Department, shall notify any pawnbroker - in writing within hours of the execution by a Complainant of a Complaint or Report of allegedly stolen goods , not to sell any property so received, deposited or .purchased by him, or permit the .same to be redeemed, su:-h' property shall. not be sold or be permitted to be redeemed for a period of ninety (90) days from the date .of such notice but .such notic.e .may be renewed for an- additional ninety (90) day. .period or periods.. Further, a notice may be- terminated at any time .in writing by the Chief of Police . Section 9 . ' CLOSING HOURS : - Every pawnbroker as: herein defined shall discontinue and cease ,conducting his "pawnbroking" business , as herein defined, - between. the hours of 10 : 00 P ..M.. and 8 : 0.0 A.M. of, each and every day, with the exception that on Saturday- night , said business may -be conducted until 12 : 00 Midnight . ORDINANCE - 3 . V y Section 10 . STOLEN PROPERTY; RETURN TO TRUE OWNER: (A) Any article pledged or sold to a pawnbroker which is subsequently determined by a law enforcement agency to have been stolen shall be transferred to the custody of such agency upon the agency' s request, or , at the -direction of the agency, shall be returned by the pawnbroker to the true owner. The true owner shall not be liable to the pawnbroker - for any. amounts expended by the pawnbroker with respect to an article deemed stolen. The pawnbroker shall not be required to return stolen property directly to the true owner until : .1) He receives written .notice from the law enforce- ment agency authorizing the release of the property to. the true owner and specifying the name , address and Social Security number of the true owner ; 2) The true owner, in person, requests the .return of the property, executes a receipt therefor, and presents proper identification showing his name, address , Social Security number and 'Signature. (B) Upon the return of stolen property to the true owner, either by -the pawnbroker or a' law enforcement agency, the pawnbroker shall complete such documentation as may be necessary or required to effect the transfer of the property including . such- documents pertaining to the registration of firearms as may be required by local, State or Federal authorities . Section ll-. VIOLATIONS AND PENALTY (A) It shall be unlawful for any' person. to use a false name , a fictitious address , or any address other than the true address, or to furnish any false, untrue. or mis- leading information or statement relating to the information required by Section 4 . hereof. (B) It . shall be. unlawful for any person to pledge or sell any goods , chattels or effects , or any personal property,. of a value of One Hundred Fifty Dollars ($15.0 . 00) or less , leased or .let to -him by any instrument in writing under a contract of. purchase not yet fulfilled. (C) Any person violating any of the provisions of this Ordinance shall be deemed guilty• of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than Three Hundred Dollars ($300 . 00) or by imprisonment. in the County -jail-for not more than thirty (30) days or. by both such fine and imprisonment. PASSED AND APPROVED This day of lehrksAt, 1982 . 0 _ Attest : C ITY CL3fR ORDINANCE ` -' 4