The text
3-7-1: - DEFINED:#
Any person who lends money on deposit or pledge of personal property; or deals in the purchase or possession of personal property on condition of selling the same back again to the vendor or pledger at a stipulated price; or who purchases or takes any personal property, with an agreement or understanding to resell at any time for a stipulated or any price to the vendor; or who takes such personal property on condition that it may be redeemed; or who lends or advances money on personal property, and takes or receives such personal property in their possession, is hereby declared to be a "pawnbroker".
(1985 Code § 11-7-1)
3-7-2: - LICENSE REQUIRED:#
It is unlawful for any person to carry on the business of pawnbroker without first having obtained the license required by this chapter and having paid the license fee therefor as prescribed in title 1, chapter 12 of this code. Any person engaging in or carrying on the business of pawnbroker without first having obtained the license required in this chapter shall be guilty of a separate offense for each and every day that such business shall be carried on without such license, and shall be punished in accordance with the provisions of section 3-7-6 of this chapter.
(1985 Code § 11-7-2; amd. 2001 Code)
3-7-3: - APPLICATION; INVESTIGATION:#
A.
Required; Character References: All applications for a license to carry on the business of a pawnbroker shall be submitted to the city council and shall be accompanied by three (3) character references of the applicant to be used by the police department to conduct an investigation into the background of the applicant.
B.
Recommendation: After the police department has completed its investigation into the background of the applicant, the police chief or his/her designee shall make a written recommendation to the city council as to whether or not the license should be granted.
C.
Decision of City Council; Appeal: The city council shall then either grant or deny the license. In the event of a denial, the applicant may appeal the denial to the district court.
(1985 Code § 11-7-3; amd. 2001 Code; Ord. 815, 9-25-2012)
3-7-4: - RULES, REGULATIONS AND REQUIREMENTS:#
A.
Licensee Liable for Employee Acts: The holder of a pawnbroker's license is liable for any and all acts of his employees and for any violation by them of any of the provisions of this chapter.
B.
Ordinances to Be Posted: It is unlawful for any person to conduct or transact a pawnbroking business unless he shall keep posted in a conspicuous place in his place of business a copy of all ordinances relating to pawnbrokers.
C.
Hours of Business: It is unlawful for any pawnbroker to receive any goods by way of pawn or pledge between the hours of ten o'clock (10:00) P.M. one day and seven o'clock (7:00) A.M. the next day.
D.
Recordkeeping Duty; Right of Inspection:
1.
Every pawnbroker shall keep a substantial and well bound book in which shall be written in ink, in the English language, at the time of each loan or receipt of personal property, an accurate account and description of the goods, articles or things pawned or received, which shall include the following items:
a.
The number and make of all articles, where such articles have a number or are manufactured by any particular manufacturer;
b.
The amount loaned or advanced thereon;
c.
The time, both date and hour, of pawning or receiving such goods, articles or thing; and
d.
The true name and residence of the person pawning or delivering the goods, article or thing.
No entry made in said book shall be erased, obliterated or defaced, and the said book, as well as every article or thing pawned, pledged or deposited, shall be open to the inspection of any police officer at all reasonable times.
2.
In addition, every pawnbroker shall accurately and completely fill out a card entitled "pawned and purchased property" provided by the police department. Said card shall require that each customer provide the pawnbroker with an identification card with his or her photo on it, that the pawnbroker record the type of photo identification card presented (e.g., driver's license) by the customer, along with the identification card number.
3.
Every pawnbroker shall obtain a fingerprint from each customer and record it in the space provided on the card required by subsection D2 of this section.
4.
Every pawnbroker shall provide the cards required by subsection D2 of this section to the police department periodically as the police department directs.
E.
Receipt Required; Contents; Right of Inspection: It is unlawful for any pawnbroker to receive or accept any article of personal property as a pawn or pledge, or upon which money is lent or advanced, without issuing and delivering to the person or persons delivering such article a receipt for the same, which shall bear the date, both day and hour, when such goods are received and a description of the article so pawned or deposited with the pawnbroker, as set out in subsection D of this section, and the pawnbroker shall keep on file in his office a duplicate of said receipt, which shall be open to the inspection of any police officer at all reasonable times. Said receipts shall be numbered and a record kept thereof.
F.
Pledged Articles; Redemption: When a pledge is redeemed, the pawnbroker shall place and keep on file the returned pawn ticket or receipt for such pledge, which ticket or receipt shall at all times be open to the inspection of any police officer. In the event of the loss of the pawn ticket or receipt by the pledger of any pledge, the pawnbroker, before allowing a redemption of the pledge, shall require the pledger to summon a police officer in whose presence the pledge shall be redeemed and restored to the pledger.
G.
Forfeited Articles; Redemption; Time Limit: It is unlawful, in all cases in which articles pledged have been forfeited, for a sale or other disposition thereof to be made by the pledgee within the period of three (3) months after such forfeiture.
H.
Receiving Goods from Designated Persons Prohibited: It is unlawful for any pawnbroker to receive any goods, articles or things in pawn or pledge from a person who is intoxicated, who the pawnbroker knows or should know has been convicted of theft, or who the pawnbroker knows or should know is mentally incompetent, or from a person under the age of eighteen (18).
I.
Employment of Persons Under Sixteen Prohibited: It is unlawful for any pawnbroker to employ any clerk or person under the age of sixteen (16) years to receive any pledge or make any loan.
(1985 Code §§ 11-7-5—11-7-13; amd. 2001 Code; Ord. 815, 9-25-2012)
3-7-5: - REVOCATION OF LICENSE:#
It shall be the duty of the police chief or his/her designee to report to the city council any failure by a pawnbroker to comply with the provisions of this chapter. The city council may revoke any pawnbroker's license for good cause after notice and a hearing, upon conviction of any violation of the provisions of this chapter from which an appeal has not been taken. Cross reference— See also section 3-1-12 of this title for procedure.
(Ord. 815, 9-25-2012)
3-7-6: - PENALTY:#
Any person violating any of the provisions of this chapter shall be guilty of a class B misdemeanor and upon conviction, shall be punished as set forth in section 1-4-1 of this code; provided, however, that the penalty in section 3-7-2 of this chapter shall be administered where applicable.
(1985 Code § 11-7-14)