[R.O. 2016 § 640.010; Ord. No. 777-08 § 1, 2-12-2008[1]]
As used in this Article, the following
terms shall have these prescribed meanings:
A written legal instrument issued to a pawnbroker by a Law
Enforcement Officer of the City of Park Hills ordering the pawnbroker
to retain physical possession of pledged goods in the possession of
a pawnbroker or property purchased by and in the possession of a pawnbroker
and not to return, sell or otherwise dispose of such property as such
property is believed to be misappropriated goods.
The Park Hills Police Chief or a Police Officer designated
by the Police Chief.
Stolen, embezzled, converted or otherwise wrongfully appropriated
or pledged against the will of the rightful owner or party holding
a perfected security interest.
The book value of the current assets of a person or pawnbroker
less its applicable liabilities as stated in this definition. Current
assets include the investment made in cash, bank deposits, merchandise
inventory and loans due from customers excluding the pawn service
charge. Current assets do not include the investments made in fixed
assets of real estate, furniture, fixtures, or equipment; investments
made in stocks, bonds or other securities; or investments made in
prepaid expenses or other general intangibles. Applicable liabilities
include trade or other accounts payable; accrued sales, income or
other taxes; accrued expenses; and notes or other payables that are
unsecured or secured in whole or part by current assets. Applicable
liabilities do not include liabilities secured by assets other than
current assets. Net assets must be represented by a capital investment
unencumbered by any liens or other encumbrances to be subject to the
claims of general creditors.
Any person engaged in the business of lending money on the
security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period
of time.
The location at which or premises in which a pawnbroker regularly
conducts business.
An individual, partnership, corporation, joint venture, trust,
association or any other legal entity however organized.
Tangible personal property other than choses in action, securities
or printed evidences of indebtedness, which property is deposited
with or otherwise actually delivered into the possession of a pawnbroker
in the course of his/her business in connection with a pawn transaction.
[R.O. 2016 § 640.020; Ord. No. 777-08 § 1, 2-12-2008]
A.
No person shall operate a pawnshop within the City limits of the City of Park Hills unless such person obtains a municipal pawnshop license issued pursuant to Section 640.030.
B.
Every pawnbroker must obtain a license
for each place where such pawnbroking business is transacted, and
no one shall act as agent, employee or solicitor for any pawnbroker
while such pawnbroker is engaged in such business at a place other
than that specified in the license.
C.
The granting of a license under this Article
shall entitle the licensee to conduct business in the City for a term
to expire with the 30th day of June next succeeding the date of the
license.
D.
Each license shall be renewed on an annual
basis upon the payment of a fee of five hundred dollars ($500.00).
Upon receipt of said fee, a City merchant's license shall also be
issued at no additional cost.
[R.O. 2016 § 640.030; Ord. No. 777-08 § 1, 2-12-2008]
A.
Each applicant for a pawnshop license shall
complete and submit to the City Collector an application on a form
to be provided by the City Collector. To be eligible for a pawnshop
license, an applicant shall:
1.
Be of good moral character;
2.
Have net assets of at least fifty
thousand dollars ($50,000.00) readily available for use in conducting
business as a pawnshop for each licensed pawnshop; and
3.
Show that the pawnshop will be operated
lawfully and fairly within the purposes of Sections 367.010 to 367.060,
RSMo.
B.
The City shall not issue a pawnshop license
to any applicant who has a felony, misdemeanor, or ordinance violation
conviction which directly relates to the duties and responsibilities
of the occupation of pawnbroker or otherwise makes the applicant presently
unfit for a pawnshop license.
C.
If the City is unable to verify that the
applicant meets the net assets requirement for a licensed pawnshop,
the applicant must provide a finding, including the presentation of
a current balance sheet, by an independent certified public accountant
that the accountant has reviewed the books and records of the applicant
and that the applicant meets the net assets requirement set forth
above.
D.
An application for a new pawnshop license,
the transfer of an existing pawnshop license or the approval of a
change in the ownership of a licensed pawnshop shall be under oath
and shall state the full name and place of residence of the applicant,
the place where the business is to be conducted and other relevant
information required by the City of Park Hills. If the applicant is
a partnership, the application shall state the full name and address
of each member. If the applicant is a corporation, the application
shall state the full name and address of each officer and director.
E.
The application shall be accompanied by:
1.
An investigation fee of five hundred
dollars ($500.00) if the applicant is unlicensed at the time of applying
for the pawnshop license or two hundred fifty dollars ($250.00) if
the application involves a second or additional license to an applicant
previously licensed for a separate location or involves substantially
identical principals and owners of a licensed pawnshop at a separate
location; and
2.
The first annual fee. If the license
is issued during July of a given year (or earlier to become effective
July first of a given year), the first annual fee shall be five hundred
dollars ($500.00). If the license is not issued before or during July
of a given year, the applicant shall pay a prorated amount which shall
cover as many twelfths as there are months (with the remainder of
the month in which the license is issued, no matter how short, being
counted as a month) remaining from the date of the license to the
next succeeding July first.
3.
The investigation fee shall be kept by the City whether or not
the application is accepted. However, the first annual fee shall be
returned if the application is not accepted.
G.
Each licensee shall keep, consistent with
accepted accounting practices, adequate books and records relating
to the licensee's pawn transactions, which books and records shall
be preserved for a period of at least two (2) years from the date
of the last transaction recorded therein.
H.
Each licensee shall keep, in an organized
fashion, the information set forth in Subdivisions (1) through (4)
of Subsection (1) of Section 367.031, RSMo., and the information contained
in Subdivision (6) of Subsection (4) of Section 367.040, RSMo., and
said information shall be preserved for a period of at least two (2)
years from the date of the transaction regarding which the information
pertains.
I.
Each applicant for a pawnshop license,
at the time of filing application, shall file with the City of Park
Hills a bond in the amount of five thousand dollars ($5,000.00) for
each license with a surety company qualified to do business in this
State. The aggregate liability of such surety shall not exceed the
amount stated in the bond. The bond shall run to the City of Park
Hills for the use of said City. Such bond shall be conditioned on
the due observance of this Code and all ordinances that may be passed
or be in force respecting pawnbrokers, at any time during the continuance
of any such license.
[R.O. 2016 § 640.040; Ord. No. 777-08 § 1, 2-12-2008]
Each pawnbroker licensed in the City
of Park Hills shall, upon request of any appropriate law enforcement
authority (including, but not limited to, any Law Enforcement Officers
of the City of Park Hills), be required to furnish for on-site inspection
paper copies of information contained in Subdivisions (1) through
(4) of Subsection (1) of Section 367.031, RSMo., and information contained
in Subdivision (6) of Subsection (4) of Section 367.040, RSMo.
[R.O. 2016 § 640.050; Ord. No. 777-08 § 1, 2-12-2008]
A.
Upon request of a Law Enforcement Officer to inspect property that is described in information furnished by the pawnbroker pursuant to Subdivisions (1) to (4) of Subsection (1) of Section 367.031, RSMo. (and required under Section 640.040 of this Article), the Law Enforcement Officer shall be entitled to inspect the property described without prior notice or the necessity of obtaining a search warrant during regular business hours in a manner so as to minimize interference with or delay to the pawnbroker's business operation. When a Law Enforcement Officer has probable cause to believe that goods or property in the possession of a pawnbroker are misappropriated, the officer may place a hold order on the property.
1.
The hold order shall contain the following:
a.
The name of the pawnbroker;
b.
The name and mailing address of the
pawnshop where the property is held;
c.
The name, title and identification
number of the Law Enforcement Officer placing the hold order;
d.
The name and address of the agency
to which the Law Enforcement Officer is attached and the claim or
case number, if any, assigned by the agency to the claim regarding
the property;
e.
A complete description of the property
to be held including model and serial numbers; and
f.
The expiration date of the holding
period.
2.
The hold order shall be signed and dated by the issuing officer
and signed and dated by the pawnbroker or the pawnbroker's designee
as evidence of the hold order's issuance by the officer, receipt by
the pawnbroker and the beginning of the initial holding period. The
officer issuing the hold order shall provide an executed copy of the
hold order to the pawnbroker for the pawnbroker's recordkeeping purposes
at no cost to the pawnbroker.
B.
Upon receiving the hold order and subject to the provisions of Section 640.060 of this Article, the pawnbroker shall retain physical possession of the property subject to the order in a secured area. The initial holding period of the hold order shall not exceed two (2) months, except that the hold order may be extended for up to two (2) successive one (1) month holding periods upon written notification prior to the expiration of the immediately preceding holding period. A hold order may be released prior to the expiration of any holding period or extension thereof by written release from the Law Enforcement Officer placing the initial hold order or another Law Enforcement Officer. The initial hold order shall be deemed expired upon the expiration date if the holding period is not extended pursuant to this Subsection.
C.
Upon the expiration of the initial holding
period or any extension thereof, the pawnbroker shall deliver written
notice to the Law Enforcement Officer issuing the hold order that
such order has expired and that title to the property subject to the
hold order will vest in the pawnbroker in ten (10) business days.
Ownership shall only vest in the pawnbroker upon the expiration of
the ten-day waiting period subject to any restriction contained in
the pawn contract and subject to the provisions of Sections 367.044
to 367.053, RSMo. Vesting of title and ownership shall be subject
to any claim asserted by a claimant pursuant to Section 367.044, RSMo.
D.
In addition to the penalty provisions contained in Section 640.090 of this Article, gross negligence or willful non-compliance with the provisions of this Section by a pawnbroker shall be cause for the City of Park Hills to suspend or revoke the pawnbroker's license. Any imposed suspensions or revocation provided for by this Subsection may be appealed by the pawnbroker to the licensing authority or to a court of competent jurisdiction.
E.
All records and information that relate to a pawnbroker's pawn, purchase or trade transactions and that are delivered to or otherwise obtained by an appropriate Law Enforcement Officer pursuant to Section 640.040 are confidential and may be used only by such appropriate Law Enforcement Officer and only for the following official law enforcement purposes:
1.
The investigation of a crime specifically
involving the item of property delivered to the pawnbroker in a pawn,
purchase or trade transaction;
2.
The investigation of a pawnbroker's possible specific violation of the recordkeeping or reporting requirements of Section 640.040, but only when the appropriate Law Enforcement Officer, based on a review of the records and the information received, has probable cause to believe that such a violation occurred; and
3.
The notification of property crime
victims of where property that has been reported misappropriated can
be located.
[R.O. 2016 § 640.060; Ord. No. 777-08 § 1, 2-12-2008]
A.
Upon written notice from a Law Enforcement
Officer indicating that property in the possession of a pawnbroker
and subject to a hold order is needed for the purpose of furthering
a criminal investigation and prosecution, the pawnbroker shall release
the property subject to the hold order to the custody of the Law Enforcement
Officer for such purpose and the officer shall provide a written acknowledgment
that the property has been released to the officer. The release of
the property to the custody of the Law Enforcement Officer shall not
be considered a waiver or release of the pawnbroker's property rights
or interest in the property. Upon completion of the criminal investigation,
the property shall be returned to the pawnbroker who consented to
its release; except that, if the Law Enforcement Officer has not completed
the criminal investigation within one hundred twenty (120) days after
its release, the officer shall immediately return the property to
the pawnbroker or obtain and furnish to the pawnbroker a warrant for
the continued custody of the property.
[R.O. 2016 § 640.070; Ord. No. 777-08 § 1, 2-12-2008]
A.
The City Attorney's office shall notify
the pawnbroker in writing in cases where criminal charges have been
filed and the property may be needed as evidence. The notice shall
contain the case number, the style of the case and a description of
the property.
B.
The pawnbroker shall hold such property
until receiving notice of the disposition of the case from the City
Attorney. The City Attorney shall notify the pawnbroker and claimant
in writing within fifteen (15) days of the disposition of the case.
C.
Willful non-compliance by a pawnbroker
to a written hold order provided in this Section shall be cause for
the pawnbroker's license to either be suspended or revoked.
[R.O. 2016 § 640.080; Ord. No. 777-08 § 1, 2-12-2008]
A licensed pawnbroker or agent or
employee of the licensed pawnbroker, who acts, pursuant to the provisions
of Sections 367.011 to 367.060, RSMo., or this Article, in good faith,
exercises due care and follows the provisions of the law, shall not
be subject to criminal or civil liability for any such act.
[R.O. 2016 § 640.090; Ord. No. 777-08 § 1, 2-12-2008]
A.
In addition to any other penalty which may be applicable, any person who operates a pawnshop pursuant to the provisions of Sections 367.011 to 367.060, RSMo., or is required to be licensed pursuant to Section 640.030, who willfully violates any provision of this Article, or who willfully makes a false entry in any records specifically required by this Article shall be guilty of an ordinance violation and upon conviction thereof shall be punishable by a fine not in excess of five hundred dollars ($500.00) or by confinement in the County Jail for not more than ninety (90) days, or by both such fine and imprisonment. Upon the second conviction of the offense described in this Section, in addition to being punishable by fine or imprisonment, the person's pawnshop license shall be permanently revoked; except that there shall be no penalty for a violation resulting from an accidental and bona fide error, where such error is corrected upon discovery.
B.
Any person who engages in the business
of operating a pawnshop without first securing a license shall be
guilty of an ordinance violation and upon conviction thereof shall
be punishable by a fine not in excess of five hundred dollars ($500.00)
or by confinement in the County Jail for not more than ninety (90)
days, or by both such fine and imprisonment. Any person who violates
the provisions of this Subsection shall be permanently prohibited
from securing or holding a valid pawnshop license.
[R.O. 2016 § 640.150; CC 1994 § 29.305]
A.
Every
person buying or engaged in the business of buying automobile parts
or accessories, new, or secondhand, from persons not regularly engaged
in the business of selling any such goods at wholesale, shall keep
at his/her place of business a register in which shall be entered
in writing a minute description of all property taken, purchased or
received, including any identification mark or serial number that
may be in or upon the article, together with the time when the property
is received and the name, description, and place of residence of the
person selling or delivering the property, giving the street and number,
if within the City, together with the price paid therefor.
B.
This
register shall be a well bound book and shall be kept clean and legible,
and any such entries shall be made within one (1) hour after the receipt
or purchase of any such property, and shall be made in ink and not
in any manner erased, obliterated, or defaced.
[R.O. 2016 § 640.160; CC 1994 § 29.310]
It shall be the duty of every person
buying or engaged in the business of buying automobile parts or accessories,
new, or secondhand, from persons not regularly engaged in the business
of selling any such goods at wholesale, to make out and deliver to
the Chief of Police every week, a legible and correct copy of a register
of all automobile parts or accessories purchased or received during
the preceding calendar day, together with the time when received or
purchased, and a description of the persons from whom the goods were
received or purchased.
