[Ord. No. 5839 §1(16-100), 9-14-2004]
For the purposes of this Chapter, the following terms, phrases
and words shall have the following meanings unless otherwise indicated
by context:
The Chief of Police of the City of Clayton Police Department.
The Finance Director of the City of Clayton.
That period of time from one (1) date in a calendar month
to the corresponding date in the following calendar month, but if
there is no such corresponding date, then the last date of such following
month and when computations are made for a fraction of a month, a
day shall be one-thirtieth (1/30) of a month.
The book value of the current assets of a person or pawnbroker
less its applicable liabilities as stated in this Section. 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.
A person who has not been convicted of any State, Federal
or municipal offense involving drugs or narcotics, robbery, burglary,
theft, stealing, receiving stolen property, embezzlement, extortion,
forgery, gambling, bribery, perjury, any weapons offense or any crime
of violence.
Tangible personal property other than those in action, securities
or printed evidence 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.
Every loan of money made in this City, the payment of which
is secured by a security interest in tangible personal property which
is physically delivered into the hands of the lender at the time of
the making of the loan and which is to be retained by the lender while
the loan is a subsisting obligation.
[Ord. No. 5839 §1(16-101), 9-14-2004]
A.
Licenses Required. No person shall operate a pawnshop in the City unless such person obtains a pawnshop license issued by the City in accordance with the general licensing provisions of Chapter 605 and the specific provisions of this Chapter. A license is required for each place where pawnbroking business is transacted; and no one shall act as an 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. It shall be unlawful for any person to conduct or transact a pawnbroker business in the City unless he/she shall keep posted in a conspicuous place in the place of business the license certificate therefor and a copy of all ordinances relating to pawnbrokers.
B.
Licensing. All licenses issued under this Chapter are for
a period of one (1) year or portion of one (1) year and beginning
on July first (1st) and expiring on June thirtieth (30th). The license
fee for any license which is issued for a portion of a year shall
be prorated by the Director.
C.
Application For New Pawnshop License.
1.
An application
for a new pawnshop license shall be under oath and on forms prescribed
and provided by the Director and shall contain other relevant information
sufficient to inform the Director regarding the qualifications of
the applicant for a license as required by the Director. At minimum,
the application shall include:
a.
The
full name and address of the applicant and each prospective pawnshop
employee, if known, for the past two (2) years;
b.
The
address where the business is to be conducted;
c.
A
statement as to whether the applicant and each prospective pawnshop
employee, if known, have ever been convicted of a felony;
d.
The
name, address and phone number of at least two (2) persons of good
moral character who may be used as character references for the applicant
and each prospective pawnshop employee, if known; and
e.
If
the applicant is a partnership, the application shall include the
required information for each partner and whether such partner is
a general partner or a limited partner. If the applicant is a corporation,
the application shall include the required information for each officer
and director and each shareholder owning twenty percent (20%) or more
of the corporate stock.
2.
The
application shall be accompanied by:
a.
An
investigation fee of five hundred dollars ($500.00) if the applicant
is unlicensed at the time of applying for the pawnshop or two hundred
fifty dollars ($250.00) if the application involves a second (2nd)
or additional license to an applicant previously licensed for a separate
location;
b.
Proof
of general liability insurance in the amount of one million dollars
($1,000,000.00);
c.
An
annual license fee of five hundred dollars ($500.00); and
d.
If
the applicant is a corporation, a "certificate of good standing" issued
by the Missouri Secretary of State.
D.
Non-Use And Transfer Of License.
1.
If a
pawnbroker shall not conduct business for any continuous period of
ninety (90) days after the issuance of a license, the license shall
be null and void.
2.
Licenses
are personal to the licensee and may not be transferred to any other
person. Any attempt to transfer such license to any other person shall
render said license null and void. It shall be unlawful for any person
to do business or to attempt to do business under a license transferred
to him/her.
E.
Investigation By Director. The Director shall investigate
the facts contained in an application for a new pawnshop license and
shall request the assistance of the Chief of Police and any other
person who has knowledge of the facts contained in the application
or who is authorized to investigate these facts.
F.
Standards For Issuance. No license shall be issued to any
person who:
1.
Is not
of good moral character or to any pawnshop employing persons who are
not of good moral character; or
2.
Makes
a false statement of material facts in the application for a license
or a renewal license; or
3.
Fails
to show that the pawnshop will be operated lawfully and fairly within
the purposes of the Chapter; or
4.
Has
a felony or misdemeanor conviction which either directly relates to
the duties and responsibilities of the occupation of the pawnbroker
or which otherwise makes the applicant presently unfit for a license;
or
5.
Does
not 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; or
6.
Does
not file with the Director a bond satisfactory to the Director in
an amount of five thousand dollars ($5,000.00) with a surety company
qualified to do business in this City. The aggregate liability of
such surety shall not exceed the amount stated in the bond. The bond
shall run to the City for the use of the City and of any person(s)
who may have a cause of action against the obligor of such bond under
the provisions of this Chapter. Such bond shall be conditioned that
the obligor will comply with the provisions of this Chapter and by
all rules and regulations adopted by the Director and will pay to
the City and to any such person(s) any and all amounts of money that
may become due or owing to the City or to such person(s) from such
obligor under and by virtue of the provisions of this Chapter or any
rules adopted by the Director pursuant to this Chapter during the
time such bond is in effect.
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If the Director is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop as required by Subsection (F)(5) hereinabove, the Director may require 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 of this Chapter.
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G.
Exemption From Requirement For New Pawnshop License. No person who is lawfully operating a pawnshop on the date of the enactment of this Chapter shall be required to obtain a license under this Section in order to continue operating such pawnshop, so long as such person does not violate any other provisions of Sections 367.011—367.060, RSMo., or this Chapter. Such persons may continue to operate those pawnshops then in existence, but thereafter must receive annual renewal licenses even though the operation of such pawnshop might cause the number of pawnbrokers in the City to exceed the number determined by operation of Subsection (H) of this Section. Such persons shall be required to pay the five hundred dollar ($500.00) annual fee prescribed in Subsection (I) of the Section, but such payment shall be in lieu of any occupational license fee.
H.
Limitation On Number Of Pawnbrokers In The City. Subject to the provisions of Subsection (G) of this Section, no license for engaging in the business of pawnbroker shall be issued when the issuance thereof would increase the number of pawnbrokers in the City at that time to more than one (1) per each sixteen thousand (16,000) inhabitants residing in the City.
I.
Subsequent License Applications. Subject to the first (1st)
year for which a license is issued to a pawnbroker, each pawnbroker
shall make a renewal application to the Director. The application
shall be filed by June first (1st) of the current licensing year and
shall be on the forms and shall contain such information as the Director
may require. The forms shall contain such information as will assist
the Director in determining whether conditions have changed and whether
a renewal license should be issued for the subsequent licensing year.
The Director may request the assistance of the Chief of Police or
any other City employee or person having knowledge of the truth or
falsity of the matters contained in the application or who is able
to investigate those matters. The annual fee for the issuance of a
renewal license is five hundred dollars ($500.00).
J.
Suspension Or Revocation Of License.
1.
If the
Director believes that any condition has changed such that the licensee
would not be eligible to receive a pawnbroker's license or that the
licensee is in violation of this Chapter or any State or municipal
law, the Director may suspend the license.
2.
If the
Director believes that the licensee is capable of remedying the adverse
change in conditions and if the licensee has not previously been in
violation of this Chapter or State or municipal law, the Director
may suspend the license. If the Director believes that the changed
conditions(s) are such that the changed condition(s), if true, that
the licensee would not be able to remedy the situation in a reasonable
time or if the licensee has previously been in violation of this Chapter
or State or municipal law, then the Director may revoke the license.
3.
If the
Director believes that the safety, morals or peace of residents of
the City is immediately affected by the change in conditions, the
Director may suspend or revoke the license prior to a hearing; but
he/she shall afford the licensee a hearing within five (5) days of
the suspension or revocation if the licensee desires such a hearing.
If the Director believes that the changed condition is not of such
imminent hazard to the safety, morals or peace of the residents of
the City, he/she may hold a hearing prior to taking any action. He/she
shall give the licensee at least ten (10) days' notice of the hearing.
4.
Any
party aggrieved by a decision of the Director may appeal to the Circuit
Court of St. Louis County in accordance with the provisions of Chapter
536, RSMo.
K.
Issuance Of Pawnshop Licenses Prohibited—When.
1.
No license
shall be issued for the operation of a pawnshop as defined within
this Chapter wherein said pawnshop will be located within one thousand
(1,000) feet of the property line of any church, synagogue, school
or residentially zoned property.
2.
No license
shall be issued for the operation of a pawnshop as defined in this
Chapter wherein said pawnshop will be located within one thousand
(1,000) feet of the property line of property on which there is located
another pawnshop.
3.
No license
shall be issued for the operation of a pawnshop as defined in this
Chapter wherein said pawnshop will be located within one thousand
(1,000) feet of the property line of any residence unless the licensee
shall provide to the Director written authorization for such operation
from the owner of record of such property and each adult resident
thereof.
4.
No license
shall be issued unless the pawnbroker has obtained a special or conditional
use permit if any is required by the City's Zoning Code.
[Ord. No. 5839 §1(16-102), 9-14-2004]
A.
Pawn Number. The pawnbroker shall affix to each item of
tangible personal property a tag upon which shall be inscribed a pawn
number of legible characters which shall correspond to the number
on any pawn ticket or receipt for payment.
B.
Pawn Ticket For Pledged Property, Contents, Loss Of, Effect. At the time of making the secured personal credit loan, the lender
shall execute and deliver to the borrower a pawn ticket for and describing
the tangible personal property subjected to the security interest
to secure the payment of the loan. The receipt shall contain the following:
1.
The
name and address of the pawnshop;
2.
The
name and address of the pledgor, date of birth, height, weight, sex,
race or nationality and the driver's license number, military identification
number, identification certificate number or other official number
capable of identifying the pledgor;
3.
The
date of the transaction;
4.
An identification
and description of the pledged goods including, but not limited to,
serial numbers, if reasonably available and an estimated value of
each item pledged;
5.
The
amount of cash advanced or credit extended to the pledgor;
6.
The
amount of the pawn service charge;
7.
The
total amount which must be paid to redeem the pledged goods on the
maturity date;
8.
The
maturity date of the pawn transaction;
9.
A statement
to the effect that the maximum legal interest rate may not exceed
two percent (2%) per month on the amount of any loan; and
10.
A
statement to the effect that the pledgor is not obligated to redeem
the pledged goods and that the pledged goods may be forfeited to the
pawnbroker sixty (60) days after the specified maturity date.
C.
Employee Registration. Every employee of a pawnshop shall,
within thirty (30) days from the issuance of any license or from start
of employment at the licensed pawnshop, whichever is later, register
his/her name and address with the Police Department of the City and
shall have had his/her thumbprints, fingerprints and photograph taken
and filed with the City and such employee shall receive a certificate
showing compliance therewith, except that employees registered with
the City need not register a second (2nd) time. The term "employee" means all persons working in a pawnshop, including any owner, any
officer, director or stockholder if the owner is a corporation, any
partner or any other person who receives income in any manner form
engaging in the operation of said pawnshop.
D.
Affidavit Of Lost Ticket. If a pawn ticket is lost, destroyed
or stolen, the pledgor may so notify the pawnbroker in writing and
receipt of such notice shall invalidate such pawn ticket, if the pledged
goods have not previously been redeemed. Before delivering the pledged
good or issuing a new pawn ticket, the pawnbroker shall require the
pledgor to make a written affidavit of the loss, destruction or theft
of the ticket. The pawnbroker shall record on the written statement
the identifying information required, the date the statement is given
and the number of the pawn ticket lost, destroyed or stolen. The affidavit
shall be signed by a notary public appointed by the Secretary of State
pursuant to Section 486.205, RSMo., to perform notarial acts in this
State.
E.
Receipt For Payment To Be Furnished. Upon any payment by
a pledgor or upon the redemption of any pledge, the pawnbroker shall
furnish to the pledgor a written signed receipt indicating the exact
amount paid on principal interest and any other charges. Said written
receipt shall be either printed or stamped with the name of the pawnbroker
and the address, shall include the date of payment and shall be legibly
written so that the figures thereon are clearly discernible.
F.
Pawn Register. Each pawnbroker shall keep a register of all items pawned at each pawnshop, which register shall contain the information listed in Subsections (A) and (B) of this Section. This record shall be kept in a bound book or in a continuous sheet of paper or tape, handwritten in ink or typed using a ribbon other than carbon, so that it will be obvious if an entry has been erased, obliterated or defaced. Such information may be made on cards, individual sheets or order pads if each sheet or card is numbered, so that if an entry is removed it will be obvious.
G.
Daily Report. Each pawnbroker must, before the hour of 6:00
P.M. every day, except Sunday and days the pawnbroker is closed all
day, make and deliver to the Chief of Police at the Police station
a full, true and detailed copy of that day's pawn register. If no
article or thing has been pawned or received during said day, a report
must be made to that effect.
H.
Photographic Records.
1.
All
pawnbrokers shall install a proper camera in operative condition and
shall use such equipment to photograph every person and the receipts
of pawnshop tickets given to such persons with all loans and with
all purchases of items from persons.
2.
All
pawnbrokers shall display in a prominent place a notice to customers
that they are required to be photographed when they pawn, sell or
offer as a part of full payment any item to the pawnbroker.
3.
All
such photographs shall be available for development and developed
by the pawnbroker upon request by the Chief of Police.
I.
The pawnbroker shall furnish appropriate law enforcement authorities with copies of information contained in paragraphs (1) to (4) of Subsection (B) of this Section and information contained in Subdivision (6) of Subsection (4) of Section 367.040, RSMo. The pawnbroker may satisfy such requirements by transmitting such information electronically to a database in accordance with this Section, except that paper copies shall be made available for an on-site inspection upon request of any appropriate law enforcement authority.
J.
DATABASE
PERMITTED USER
REPORTABLE DATA
REPORTING PAWNBROKER
SEARCH
As used
in this Section, the following terms mean:
A computer database established and maintained by a third
(3rd) party engaged in the business of establishing and maintaining
one (1) or more databases.
Persons authorized by law enforcement personnel to access
the database.
The information required to be recorded by pawnbrokers for pawn transactions pursuant to paragraphs (1) to (4) of Subsection (B) of this Section and the information required to be recorded by pawnbrokers for purchase transactions pursuant to Subdivision (6) of Subsection (4) of Section 367.040, RSMo.
A pawnbroker who chooses to transmit reportable data electronically
to the database.
The accessing of a single database record.
K.
The database shall provide appropriate law enforcement officials with the information contained in paragraphs (1) to (4) of Subsection (B) of this Section and other useful information to facilitate the investigation of alleged property crimes while protecting the privacy rights of pawnbrokers and pawnshop customers with regard to their transactions.
L.
The database
shall contain the pawn and purchase transaction information recorded
by reporting pawnbrokers pursuant to this Section and Section 367.040,
RSMo., and shall be updated as requested. The database shall also
contain such security features and protections as may be necessary
to ensure that the reportable data maintained in the database can
only be accessed by permitted users in accordance with the provisions
of this Section.
M.
The third
(3rd) party's charge for the database shall be based on the number
of permitted users. Law enforcement agencies shall be charged directly
for access to the database and the charge shall be reasonable in relation
to the costs of the third (3rd) party in establishing and maintaining
the database. No reporting pawnbroker or customer of a reporting pawnbroker
shall be charged any costs for the creation or utilization of the
database.
N.
The information
in the database shall only be accessible through the Internet to permitted
users who have provided a secure identification or access code to
the database but shall allow such permitted users to access database
information from any jurisdiction transmitting such information to
that database. Such permitted users shall provide the database with
an identifier number of a criminal action for which the identity of
the pawn or purchase transaction customer is needed and a representation
that the information is connected to an inquiry or to the investigation
of a complaint or alleged crime involving goods delivered by that
customer in that transaction. The database shall record, for each
search, the identity of the permitted user, the pawn or purchase transaction
involved in the search and the identity of any customer accessed through
the search. Each search record shall be made available to other permitted
users regardless of their jurisdiction. The database shall enable
reporting pawnbrokers to transmit to the database through the Internet
reportable data for each pawn and purchase transaction.
O.
Any pawnbroker
licensed after September 1, 2004, shall meet the following requirements:
1.
Provide
all reportable data to appropriate users by transmitting it through
the Internet to the database;
2.
Transmit
all reportable data for one (1) business day to the database prior
to the end of the following business day;
3.
Make
available for on-site inspection to any appropriate law enforcement
official, upon request, paper copies of any pawn or purchase transaction
documents.
P.
If a
reporting pawnbroker or permitted user discovers any error in the
reportable data, notice of such error shall be given to the database,
which shall have a period of thirty (30) days in which to correct
the error. Any reporting pawnbroker experiencing a computer malfunction
preventing the transmission of reportable data or receipt of search
requests shall be allowed a period of at least thirty (30) but no
more than sixty (60) days to repair such malfunction and during such
period such pawnbroker shall not be deemed to be in violation of this
Section if good faith efforts are made to correct the malfunction.
During the periods specified in this Subsection, the reporting pawnbroker
and permitted user shall arrange an alternative method or methods
by which the reportable data shall be made available.
Q.
No reporting
pawnbroker shall be obligated to incur any cost, other than Internet
service costs, in preparing, converting or delivering its reportable
data to the database.
R.
Retention And Use Of Records. Each licensee shall keep and
maintain the originals of the foregoing records, or an original copy
as may be appropriate, for a period of at least two (2) years from
the date of the last transaction recorded therein and each such record
shall at all reasonable times be open to inspection by the Chief of
Police or at his/her direction.
[Ord. No. 5839 §1(16-103), 9-14-2004]
When the tangible personal property subject to the pawn or sales
transaction has been delivered or awarded to a claimant pursuant to
Section 367.044, RSMo., and within ten (10) business days after a
written demand for payment and notice is deposited by the pawnbroker
as certified or registered mail in the United States mail and addressed
to the conveying customer, the conveying customer fails to repay the
pawnbroker the full amount incurred by the pawnbroker in connection
with such property and the procedure described in Section 367.044,
RSMo., the conveying customer shall have committed the offense of
fraudulently pledging or selling misappropriated property.
[Ord. No. 5839 §1(16-104), 9-14-2004]
When an item of property is the subject of a lease, rental transaction
or retail installment contract with a company domiciled in the State,
between the claimant and the claimant's lease or rental customer at
the time it is delivered into the possession of the pawnbroker, the
property shall not be deemed misappropriated unless it bears a conspicuous
permanent label or marking identifying it as the claimant's property.
Evidence of defacing or the removal of identification marking of leased
or rented property shall be treated as marked and identified and therefore
deemed to be misappropriated. Property subject to a lease, rental
transaction or retail installment contract with a company domiciled
in the State, which is not marked as provided in this Section, may
be recovered by the claimant upon payment to the pawnbroker of all
monies owing to or advanced by the pawnbroker in the pawn or purchase
transaction and upon producing evidence identifying the property as
having been the property of the claimant and leased or rented at the
time the property was placed in the pawnbroker's possession. The pawnbroker
shall be free from liability in connection with the recovery of leased
or rental property pursuant to this Section.
[Ord. No. 5839 §1(16-105), 9-14-2004]
Any title, license or permit for pledged goods shall remain
in effect during the period of the pawn transaction and shall remain
valid if such pledged goods are redeemed by the pledgor and shall
be voided if the pledged goods are redeemed by someone other than
the pledgor or when ownership of the pledged goods passes to the pawnbroker
who shall retitle, relicense or repermit such goods as otherwise provided
by law.
[Ord. No. 5839 §1(16-106), 9-14-2004]
A.
Upon request of a Law Enforcement Officer to inspect property that is described in information furnished by the pawnbroker pursuant to paragraphs (1) to (4) of Subsection (B) of Section 615.030, 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. The hold order shall contain the following:
1.
The
name of the pawnbroker;
2.
The
name and mailing address of the pawnshop where the property is held;
3.
The
name, title and identification number of the Law Enforcement Officer
placing the hold order;
4.
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;
5.
A complete
description of the property to be held including model and serial
numbers;
6.
The
expiration date of the holding period.
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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.
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B.
Upon
receiving the hold order and subject to the provisions of Section
367.047, RSMo., 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 agency placing the initial hold order.
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 (10) 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 herein, gross negligence or willful
non-compliance with the provisions of this Section by a pawnbroker
shall be cause for the licensing authority 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 Sections 367.031 and
367.040, RSMo., 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 Sections 367.031 and 367.040,
RSMo., 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.
[Ord. No. 5839 §1(16-107), 9-14-2004]
A.
A pawnbroker
shall have no recourse against the pledgor for payment on a pawn transaction
except the pledged goods themselves, unless the goods are found to
have been misappropriated.
B.
A pawnbroker
shall require of every person from whom the pawnbroker receives sold
or pledged property proof of identification which includes a current
address and, if applicable, telephone number and a current picture
identification issued by State or Federal Government.
C.
If any
seller fails to provide a pawnbroker with proof of identification,
the pawnbroker shall hold such property for a period of thirty (30)
days prior to selling or otherwise transferring such property, provided,
the seller has submitted a signed statement that the seller is the
legal owner of the property and stating when or from whom such property
was acquired by the seller.
D.
To obtain
possession of tangible personal property held by a pawnbroker which
a claimant claims to be misappropriated, the claimant shall provide
the pawnbroker with a written demand for the return of such property,
a copy of a Police or Sheriff's report wherein claimant reported the
misappropriation or theft of said property and which contains a particularized
description of the property or applicable serial number and a signed
affidavit made under oath setting forth they are the true owner of
the property, the name and address of the claimant, a description
of the property being claimed, the fact that such property was taken
from the claimant without the claimant's consent, permission or knowledge,
the fact that the claimant has reported the theft to the Police, the
fact that the claimant will assist in any prosecution relating to
such property, the promise that the claimant will respond to court
process in any criminal prosecution relating to said property and
will testify truthfully as to all facts within the claimant's knowledge
and not claim any testimonial privilege with respect to said facts.
These documents shall be presented to the pawnbroker concurrently.
E.
Upon being served with a proper demand by a claimant for the return of property pursuant to Subsection (D) of this Section, the pawnbroker shall return the property to the claimant, in the presence of a Law Enforcement Officer, within seven (7) days unless the pawnbroker has good reason to believe that any of the matters set forth in the claimant's affidavit are false or if there is a hold order on the property. If a pawnbroker refuses to deliver property to a claimant upon a proper demand as described in Subsection (D) of this Section, the claimant may file a petition in a court of competent jurisdiction seeking the return of said property. The non-prevailing party shall be responsible for the costs of said action and the attorney fees of the prevailing party. The provisions of Section 482.305, RSMo., to the contrary notwithstanding, a court of competent jurisdiction shall include a small claims court, even if the value of the property named in the petition is greater than three thousand dollars ($3,000.00).
F.
If a pawnbroker returns property to a claimant relying on the veracity of the affidavit described in Subsection (D) of this Section and later learns that the information contained in said affidavit is false or that the claimant has failed to assist in prosecution or otherwise testify truthfully with respect to the facts within the claimant's knowledge, the pawnbroker shall have a cause of action against the claimant for the value of the property. The non-prevailing party shall be responsible for the cost of said action and the attorney fees of the prevailing party.
G.
Nothing
contained in this Section shall limit a pawnbroker from bringing the
conveying customer into a suit as a third (3rd) party, nor limit a
pawnbroker from recovering from a conveying customer repayment of
the full amount received from the pawnbroker from the pawn or sales
transaction, including all applicable fees and interest charged, attorney's
fees and the cost of the action.
[Ord. No. 5839 §1(16-108), 9-14-2004]
A.
Interest Rates. It shall be unlawful for any pawnbroker
to charge interest exceeding two percent (2%) per month on any pledge.
All pawnbrokers shall display in a prominent place a notice to customers
that the maximum legal interest rate may not exceed two percent (2%)
per month on the amount of any loan.
B.
Safekeeping Of Pledges.
1.
Every
pawnbroker licensed under the provisions hereof shall provide a safe
place for the keeping of the pledges received by him/her and shall
have sufficient insurance on the property held on pledges, for the
benefit of the pledgors, in case of destruction by fire or loss by
theft. A pawnbroker shall not fail to exercise reasonable care to
protect pledged goods from loss or damage.
2.
In the
event such pledged goods are lost or damaged as a result of a pawnbroker's
negligence while in the possession of the pawnbroker, it shall be
the responsibility of the pawnbroker to replace the lost or damaged
goods with like kind of merchandise. Pawnbrokers shall not be responsible
for loss of pledged articles due to acts of God, acts of war or riots.
Each lender shall employ a reputable company for the purpose of fire
and theft security.
C.
Loans Due, When—Return Of Collateral, When—Restrictions.
1.
Every
secured personal credit loan shall be due and payable in lump sum
thirty (30) days after the date of the last preceding extension of
the loan and if not so paid when due, it shall, on the next day following,
be in default. The pawnbroker shall retain possession of the tangible
personal property subjected to the security interest to secure payment
of any secured personal credit loan for a period of sixty (60) days
next following the date of default. If during the period of sixty
(60) days the pledgor shall pay to the pawnbroker the principal sum
of the loan with the loan fee(s) and the interest due thereon to the
date of payment, the pawnbroker shall thereupon deliver possession
of the tangible property to the pledgor. But if the pledgor fails
during the period of sixty (60) days to make payment, then the title
to the tangible personal property shall, on the day following the
expiration of the period of sixty (60) days, pass to the pawnbroker
without foreclosure and the right of redemption by the pledgor shall
be forever barred.
2.
A pledgor
shall have no obligation to redeem pledged goods or make any payment
on a pawn transaction.
3.
Any
person properly identifying himself/herself and presenting a pawn
ticket to the pawnbroker shall be presumed to be entitled to redeem
the pledged goods described therein.
D.
Lost, Embezzled, Stolen Or Encumbered Property—Police Cooperation.
1.
Each
pawnbroker shall notify the Police of any article pledged or attempted
to be pledged, if the pawnbroker has reason to believe that said article
was stolen, embezzled or lost.
2.
A pawnbroker
shall have no recourse when a customer has pledged goods for the receipt
of money except the pledged goods themselves, unless the pledged goods
are found to be stolen, embezzled, lost, mortgaged or otherwise pledged
or encumbered. When a customer is notified by a Peace Officer that
the goods he/she pledged or sold to a pawnbroker were stolen, embezzled,
mortgaged or otherwise pledged or encumbered, the customer shall be
liable to repay the pawnbroker the full amount the customer received
from the pawn or buy transaction. A pawnbroker shall not charge any
fee relating to the restoration of such property to its rightful owner.
3.
Every
pawnbroker shall give the Chief of Police notice of all pawned goods
to be shipped out of town, which notice shall state the name of the
pledgee and the destination and date of shipment. Such goods shall
not be shipped for at least seven (7) days after delivery of the copy
of the register to the Chief of Police.
4.
Every
pawnbroker shall, upon request, show and exhibit to any Peace Officer
any article purchased, taken or received by the pawnbroker if the
item is still in the possession of the pawnbroker.
E.
Miscellaneous Regulations.
1.
Pawnshop not to be used as a residence. No pawnbroker or
member of the pawnbroker's family or employee or any other person
shall be permitted to live in a pawnshop or in rooms connecting therewith.
2.
Hours of operation. No pawn shop shall be open for business
or receive as pawned, pledged or purchased or upon any condition whatsoever
any article of personal property or other valuable thing between the
hours of 8:00 P.M. on any day and 7:00 A.M. on the following day.
3.
Keeping items seven (7) days. No pawnbroker shall destroy,
melt down, dispose of, sell or deliver to any other person any item
of tangible personal property until seven (7) days have passed from
the date the item was received.
4.
Dealing in weapons prohibited, when. No pawnbroker shall
receive as security or otherwise conduct any transaction involving
any kind of firearm, revolver, pistol, rifle, bowie knife, spring
back knife, razor, metal knuckles, billy, sword, care, dirk, dagger
or other similar weapon, unless said pawnbroker is otherwise licensed
by applicable State and Federal law to purchase and sell such weapons.
5.
Secondhand goods. A pawnbroker shall not purchase or take
in or trade used or secondhand personal property unless a record is
established that contains:
a.
The
name, address, physical description and the driver's license number,
military identification number, identification certificate number
or other official number capable of identifying the seller;
b.
A
complete description of the property, including the serial number,
if reasonably available or other identifying characteristic; and
c.
A
signed document from the seller providing that the seller has the
right to sell the property.
6.
No barred windows or doors. No building in which a pawnbroker
shall conduct business shall have any bars or similar security features
or structures on or in any window or door.
7.
Additional restrictions. A pawnbroker shall not:
a.
Accept
a pledge from a person who is under eighteen (18) years of age;
b.
Make
any agreement requiring the personal liability of a pledgor in connection
with a pawn transaction;
c.
Accept
any waiver, in writing or otherwise, of any right or protection accorded
a pledgor under this Chapter or other law; or
d.
Fail
to return pledged goods to a pledgor upon payment of the full amount
due the pawnbroker on the pawn transaction.
[Ord. No. 5839 §1(16-109), 9-14-2004]
The Director may issue such rules and regulations as he/she
deems necessary to implement this Chapter and the policies contained
herein.
[Ord. No. 5839 §1(16-110), 9-14-2004]
It is the intention of the Board of Aldermen that this Chapter
shall be read in harmony with all other Chapters of the City and that
such Chapters and provisions shall be so construed, interpreted, administered
and applied as to reconcile any differences between them and this
Chapter. To the extent that any such Chapters and provisions are determined
to be irreconcilable with the provisions of this Chapter, but only
to the extent, the provisions of this Chapter shall be deemed to have
superseded the conflicting provisions.
[Ord. No. 5839 §1(16-111), 9-14-2004]
Any person operating a pawnshop without a license or otherwise in violation of the standards and requirements provided herein shall be guilty of a violation of this Chapter and, upon conviction thereof, shall be punished as provided in Section 100.110 of this Code.
