Chapter 5.20 — PAWNBROKERS

Section 5.20.010 Definitions. 5.20.020 License required. 5.20.030 Issuance of license—Requisites. 5.20.040 Fingerprints. 5.20.050 Access to fingerprints. 5.20.060 Revocation for violation. 5.20.070 New license after revocation. 5.20.080 Hearing required. 5.20.090 Notice of hearing. 5.20.100 Service of notice.

5.20.110 Daily reports required—Contents. 5.20.120 Identifying marks—Settings. 5.20.130 Blank forms. 5.20.140 Filing of reports—Access. 5.20.150 Pawnbroker’s copy—Filing— Access. 5.20.160 Form of record. 5.20.170 Legibility, time of report. 5.20.180 Failure to report—Show goods. 5.20.190 Holding before sale—Automobile accessories. 5.20.200 Business days—Hours.

The following terms when used in this chapter shall have the meaning herein ascribed to them. PAWNBROKER. Any person conducting, managing or carrying on the business of pawnbroking. PAWNSHOP. Any room, stare or place in which any such business in engaged in, carried on or conducted. (1995 Code, § 5.20.010)

No person shall engage in, conduct, manage or carry on the business of pawnbroker without a valid existing and unrevoked license therefor. (1995 Code, § 5.20.020)

The license shall be issued by the License Collector, upon application therefor, except that the License Collector shall not issue any such license without the consent in writing first had and obtained of the Chief of Police and the presentation of a valid state license. (1995 Code, § 5.20.030)

Each applicant for a pawnbroker’s license shall consent to the taking of his or her fingerprints by the Chief of Police as a condition to the issuance of the license. (1995 Code, § 5.20.040)

The fingerprint record made pursuant to § 5.20.040 shall be secret and confidential and the record shall be open to inspection only to members of the Police Department of the city, or by others upon an order of a court of competent jurisdiction made for that purpose. (1995 Code, § 5.20.050)

In the event that any person holding a license authorizing him or her to engage in, conduct, manage or carry on the business of a pawnbroker, or any agent or employee of any such person shall violate or cause or permit to be violated any of the provisions of this chapter, the Council shall, in addition to the other penalties provided by this code, revoke the license. (1995 Code, § 5.20.060)

If the license of any person shall be revoked, no license shall be granted to such person to conduct or carry on any such business with six months after the revocation.

(1995 Code, § 5.20.070)

No license shall be revoked until a public hearing shall have been had by the Council. (1995 Code, § 5.20.080)

Notice of hearing shall be given in writing and shall state the ground of complaint against the licensee and shall also state the time when and place where the hearing will be had. (1995 Code, § 5.20.090)

The notice shall be served upon the holder of the license, or his or her manager or agent, at least three days prior to the date of any such hearing by delivering the same to the licensee, or his or her manager or agent, or to any person in charge of or employed at the place of business of the licensee, or if the licensee has no place of business, then at his or her place of residence, or by leaving the notice at the place of business or residence of the licensee. (1995 Code, § 5.20.100)

Every pawnbroker shall, on each day except Sundays and legal holidays, before the hour of 10:00 a.m. make and deliver to the Chief of Police, in writing a full true and complete report, in chronological order, of all the dealings in goods, wares and merchandise or things received upon deposit, pledges or purchased within the city, during the 24 hours next preceding the report, together with time of day when received, a complete description of the same, and a description of the person from whom received, or with whom dealt, and the license number and description of any vehicle in which the person form who, received was riding in or upon and also the true name of such person or as nearly as the same is known to or can be ascertained by the person making the report. (1995 Code, § 5.20.110)

If any such article purchased or received shall have engraved thereon any number, work or initial or shall contain any setting of any kind, the description of the article shall contain the number, word or initial, and show the kind of setting and the number of each kind. (1995 Code, § 5.20.120)

The report required herein shall be made upon a form to be furnished, upon request, free of charge by the Chief of Police, who shall cause blank forms to be so printed and subdivided that they shall have space for writing in the following manner; description of the article purchased or received; amount paid for or loaned upon the property; name and residence of persons from whom purchased or received, showing the true name as nearly as known; sex; complexion, color of hair; style of dress and height of the person from whom purchased or received; time of day goods purchased or received; license number, make, type and color of automobile or other vehicle driven or occupied by such person, date and time or making the report; name and place of business of pawnbroker making the report. (1995 Code, § 5.20.130)

The Chief or Police, upon receipt of the report, shall file the same in some secure place in his or her office and the report shall by open to inspection only to members of the Police Department of the city, or by others upon on order of a court of competent jurisdiction made for that purpose. (1995 Code, § 5.20.140)

Every pawnbroker shall keep at his or her place of business a copy of every report required by the foregoing provisions of this chapter; and such copies shall be open at all times during business hours to the inspection of the Chief of Police, any member of the Police Department of the city or any officer authorized by law.

(1995 Code, § 5.20.150)

The report shall be in book form, and each transaction shall be kept in chronological order. (1995 Code, § 5.20.160)

Every report and record required by the provisions of this chapter to be filed, kept or made, shall be written or printed entirely in the English language in a clear and legible manner, and shall be made out at the time the transaction is made. (1995 Code, § 5.20.170)

It shall be unlawful for any pawnbroker, or for any agent or employee of a pawnbroker, to fail refuse, or neglect to file a report, as required herein, in the manner, form, at the time and in all respects in accordance with the requirements of this chapter, or to fail, refuse or neglect to exhibit to the Chief of Police, or to any officer authorized by law, immediately upon demand, any record or report, or any goods wares and merchandise, including radios, so purchased or received by the pawnbroker, or by any agent or employee of the pawnbroker. (1995 Code, § 5.20.180)

All goods, wares and merchandise, including radios for use in or upon automobiles, purchased or received by any pawnbroker shall be held for a period of at least 15 days after purchase or receipt before the same shall be sold or otherwise disposed of, excepting, however all goods, wares and merchandise, including radios for use in or upon automobiles, upon which any duly licensed pawnbroker has issued a pawn ticket in accordance with the laws of the state. During the 15 days, all such property shall be kept separate and apart from all other goods, wares and merchandise, including radios for use in and upon automobiles, upon the premises in the possession of the pawnbroker. All such property shall, during said 15-day period, be kept and exposed for police inspection during business hours. (1995 Code, § 5.20.190)

No person shall engage in, conduct, manage or carry on the business of pawnbroker on Sundays or legal holidays, or between the hours of 7:00 p.m. of each day and 8:00 a.m. of the following morning, except that on Saturdays and days before legal holidays, and during that 24 days next preceding Christmas Day, each such person may engage in, conduct, manage or carry on such business until the hour of 9:00 p.m. (1995 Code, § 5.20.200)