[R.O. 2008 § 607.010; R.O. 2007 § 607.010; Ord. No. 3878 § 1, 5-19-1999]
For purposes of this Chapter, the
following terms shall be deemed to have the meanings indicated below:
A person who claims that property in the possession of a
pawnbroker is misappropriated from the claimant and fraudulently pledged
or sold to the pawnbroker.
A written legal instrument issued to a pawnbroker by a Law
Enforcement Officer commissioned by the law enforcement agency of
the municipality that licenses and regulates the pawnbroker, 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 Police Chief or Police Officer designated by the Police
Chief of the municipality in which the pawnbroker's pawnshop is located.
Stolen, embezzled, converted or otherwise wrongfully appropriated
or pledged against the will of the rightful owner or party holding
a perfected security interest.
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.
A person who pledges property to the pawnbroker.
A person who sells property to a pawnbroker.
[R.O. 2008 § 607.020; R.O. 2007 § 607.020; Ord. No. 3878 § 2, 5-19-1999]
Every pawnbroker shall keep a register
of all loans and purchases of all articles effected or made by him/her.
This register shall show the date of loans or purchases, and the names
of all persons who have left any property on deposit as a collateral
security or as a delivery on sale thereof. Opposite such name and
date shall be written the person's date of birth, driver's license
number, social security number, or other identification record capable
of identifying the person. A full description of all such property
purchased or received on deposit as collateral security, the manufacturer's
identifying insignia or serial number (if applicable), the time when
the loan falls due, the amount of purchase money or the amount loaned,
the interest charged and the picture number. The pawnbroker shall
give the party negotiating or selling the property a plain written
or printed ticket for the loan, and a plain written or printed receipt
of the articles purchased, having on each a copy of the entries required
by this Section to be kept in his/her register. For the ticket or
receipt, he/she shall not be entitled to make any charge. A third
copy of such register shall be made available, on a weekly basis,
to the Detective Bureau Commander of the City of O'Fallon Police Department.
[R.O. 2008 § 607.030; R.O. 2007 § 607.030; Ord. No. 3878 § 3, 5-19-1999]
No pawnbroker shall accept any article
or property as collateral security, or purchase any article or property,
unless he/she shall make a photograph of the person from whom such
article or property is being received, along with the receipt or pawn
ticket given to such person; nor shall any pawnbroker refuse to deliver
such photograph to any Law Enforcement Officer upon request. Every
pawnbroker shall display a notice to his/her customers in a prominent
place to the effect that he/she is required, by City ordinance, to
photograph every person pawning or selling an item to him.
[R.O. 2008 § 607.040; R.O. 2007 § 607.040; Ord. No. 3878 § 4, 5-19-1999]
It shall be the duty of every pawnbroker
to report to the Police any article pledged with him/her, or which
is sought to be pledged with him/her, if he/she shall have reason
to believe that the article was stolen.
[R.O. 2008 § 607.050; R.O. 2007 § 607.050; Ord. No. 3878 § 5, 5-19-1999]
A.
Upon request of a Law Enforcement Officer
to inspect property that is described in information furnished by
the pawnbroker, 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; and
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
record-keeping 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-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.
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 this Chapter 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,
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. 2008 § 607.060; R.O. 2007 § 607.060; Ord. No. 3878 § 6, 5-19-1999]
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. 2008 § 607.070; R.O. 2007 § 607.070; Ord. No. 3878 § 7, 5-19-1999]
A.
The Prosecuting Attorney 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 Prosecuting
Attorney. The Prosecuting Attorney shall notify the pawnbroker and
claimant in writing within fifteen (15) days of the disposition of
the case.
[R.O. 2008 § 607.080; R.O. 2007 § 607.080; Ord. No. 3878 § 8, 5-19-1999]
No pawnbroker shall have any business
dealings as a pawnbroker with any unemancipated minor under the age
of eighteen (18) years. No pawnbroker's license shall be issued to
any person who is not eighteen (18) years of age or over. No person
under eighteen (18) years of age shall be an agent for any pawnbroker.
[R.O. 2008 § 607.090; R.O. 2007 § 607.090; Ord. No. 3878 § 9, 5-19-1999]
No person or corporation shall conduct
or operate a business of pawnbroker in violation of any provisions
of this Chapter.
[R.O. 2008 § 607.100; R.O. 2007 § 607.100; Ord. No. 3878 § 10, 5-19-1999]
A.
No person or corporation shall conduct
or operate the business of pawnbroker without having first obtained
a license as provided in this Chapter.
1.
No person shall operate a pawnshop
unless such person obtains a municipal pawnshop license issued pursuant
to this Section. The City of O'Fallon may issue a pawnshop license
to any person who meets the qualifications of this Section. To be
eligible for a pawnshop license, an applicant shall:
2.
If the City of O'Fallon is unable
to verify that the applicant meets the net assets requirement for
a licensed pawnshop, the City of O'Fallon 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 Section.
3.
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 O'Fallon. 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, shareholder
and director. 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 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;
b.
Proof of general liability; and
c.
An annual fee of five hundred dollars
($500.00).
4.
Each applicant for a pawnshop license
at the time of filing application shall file with the City of O'Fallon
a bond satisfactory to the City and in an amount not to exceed 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 O'Fallon for the use of the City and of any
person or persons 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 will pay to the City of O'Fallon and to any such
person or persons any and all amounts of money that may become due
or owing to the City or to such person or persons from such obligor
under and by virtue of the provisions of this Chapter during the time
such bond is in effect.
5.
No person who is lawfully operating
a pawnshop prior to the passage 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 provision
of this Chapter.
[R.O. 2008 § 607.110; R.O. 2007 § 607.110; Ord. No. 3878 § 11, 5-19-1999]
Application for a pawnbroker's license
shall be made to the City Clerk and shall state thereon the name of
the applicant, the place of business and the number of employees intended
to be engaged. The Chief of Police or his/her designee shall investigate
each applicant for such license and shall report back to the City
Council whether or not such applicant is a person of good character.
No license shall be issued to a person who has been convicted of a
felony or a misdemeanor which directly relates to the duties and responsibilities
of the occupation of pawnbroker, or otherwise makes the applicant
presently unfit for a pawnshop license.
[R.O. 2008 § 607.120; R.O. 2007 § 607.120; Ord. No. 3878 § 12, 5-19-1999]
The applicant for a pawnbroker's
license shall have agreed not to accept as collateral security or
to purchase any camera, radio, television, stereo equipment, lawn
mower, typewriter, computer equipment, cellular telephone, electronic
paging device, calculating machine, copying machine, duplicating machine,
power tool, cash register, still or moving picture projector, video
camera or firearm, unless such item shall have plainly visible thereon
the manufacturer's serial number.
[R.O. 2008 § 607.130; R.O. 2007 § 607.130; Ord. No. 3878 § 13, 5-19-1999]
A.
No pawnbroker shall be allowed to have
more than one (1) place for transacting the business of a pawnbroker
without having first obtained a license for such place of business.
B.
No person shall act as agent for a pawnbroker
at any other place than the place of business stated in the application
for a license.
[R.O. 2008 § 607.140; R.O. 2007 § 607.140; Ord. No. 3878 § 14, 5-19-1999]
In the event a licensee under this
Chapter shall change any of the addresses stated in the application
during the term for which the license is issued, such licensee shall
notify the license collector of such change not later than five (5)
business days after such change.
[R.O. 2008 § 607.150; R.O. 2007 § 607.150; Ord. No. 3878 § 15, 5-19-1999]
Any person violating any provision
of this Chapter may, upon conviction, have his or her license revoked
and be subject to a fine of up to five hundred dollars ($500.00),
as well as imprisonment of up to three (3) months, or both such fine
and imprisonment.
