St. Charles County, MO
 
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Table of Contents
Table of Contents
Editor’s Note: In this Chapter the words "Sheriff’s Department" are changed to "Police Department" pursuant to the St. Charles County Charter Article IV, Sections 4.250 and 4.1300, as amended in 2012 and effective 1-1-2015, and St. Charles County Ord. No. 15-012, Section 2, adopted 1-26-2015.
[Ord. No. 01-003 §1, 1-8-2001]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
APPROPRIATE LAW ENFORCEMENT OFFICER
Any commissioned Law Enforcement Officer investigating transactions involving the purchase or sale of secondhand goods by any person, company or corporation for pawn or for resale. Transactions involving the purchase of secondhand goods for personal use by the person or business making the purchase are exempted.
ARTICLE
Any item acquired for resale, which is of a class of merchandise or commodity that includes, but is not limited to, automobile and boat parts and accessories, household electronic appliances [including but not limited to: televisions, camcorders, cameras, computers, video recorders, DVD players, laserdisc players, stereo components, cell and cordless telephones, videogames and monitors], guns, jewelry, musical instruments, plumbing and construction materials and tools, scrap metal, sporting equipment and wire.
DEALER IN SECONDHAND GOODS
Any gun dealer, auction dealer, pawnbroker, antiques dealer, precious metal coin dealer, jewelry dealer or dealer of any type engaged in the resale of secondhand goods in the unincorporated area of the County.
HOLD ORDER
A written legal instrument issued to a seller of secondhand goods by an appropriate Law Enforcement Officer commissioned by the law enforcement agency of the State, Municipality or County to retain physical possession of pledged goods in the possession of the dealer in secondhand goods or article of personal property purchased by and in the possession of the dealer in secondhand goods and not to return, sell or otherwise dispose of the same as it is believed to have been misappropriated goods.
MISAPPROPRIATED
Stolen, embezzled, converted or otherwise wrongfully appropriated or pledged against the will of the rightful owner or party holding a perfected security interest.
MONTH
That period of time from one (1) date in a calendar month to the corresponding date in the following month.
OWNER OR OWNERS
The proprietor, if a sole proprietorship; or partners (general and limited), if a partnership; or all officers, directors and persons holding ten percent (10%) or more of the outstanding shares of a corporation, when any such business is located in the unincorporated area of St. Charles County.
PAWNBROKER
Any person in the unincorporated area of St. Charles County who is engaged in the business of lending money on the security of pledged goods or engaged in the business of acquiring tangible personal property on condition that it may be redeemed or reacquired by the original owner for a fixed price within a fixed period of time.
PAWNSHOP
The location in the unincorporated area of St. Charles County at which, or the premises in which pawnbroker regularly conducts business.
PERSON
An individual, partnership, corporation, joint venture, trust, association or any other legal entity, however organized.
PLEDGED GOODS
Tangible personal property other than choses in action, securities or printed evidences of indebtedness, which is deposited with or otherwise actually delivered into the possession of a pawnbroker or dealer in secondhand goods in the course of his or her business in connection with a pawn or secondhand goods transaction.
PLEDGOR
A person who pledges property to a pawnbroker.
PURCHASER
A person who purchases an article(s) of personal property from a pawnbroker.
SECONDHAND GOODS
Goods at wholesale or retail which have been previously purchased and used and which are now offered for resale.
SECURED PERSONAL CREDIT LOAN
Every loan of money made in this State, 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.
SELLER
A person who sells articles of personal property to a pawnbroker or dealer in secondhand goods located in the unincorporated area of St. Charles County.
[Ord. No. 01-003 §2, 1-8-2001]
A. 
Every dealer in secondhand goods in the unincorporated area of St. Charles County acquiring any article or pledged good for trade or sale shall keep at his or her place of business a register in which shall be entered, by number, the date and time the article or pledged good was received by the dealer in secondhand goods along with an appropriate description of the article or pledged good (including any identifying numbers, or if the item is jewelry, a description that includes the nature of the article (ring, bracelet, necklace, etc.), the color of gold (yellow, white or rose), the carat weight of any stone and the type of stone and its color, and the band size of any ring or length of any necklace or bracelet, together with the name and address of the person leaving the article or pledged good, his or her description and his or her driver's license number, military identification number, identification certificate number or other official number capable of identifying the person leaving the article or pledged good, as well as the amount paid for or loaned upon the article or pledged good, the interest charges and the time when the loan, if any, falls due.
B. 
Register entries shall be completed within a reasonable time after the receipt or purchase of any article or pledged good, but in no event later than eight (8) hours after the same.
C. 
Every register entry shall be made in permanent form, by computer. Such register entry shall not be erased, obliterated or altered so as to cause the same to become illegible or unreadable.
D. 
A tag bearing a register entry number shall be attached to each job lot or shipment of each article or pledged good, acquired. An identifying tag must be attached to all articles or pledged goods where they shall remain until sold, redeemed or otherwise disposed of.
E. 
Articles or pledged goods need not be tagged if by their nature they are in such form as to make it impossible for them to be appropriately tagged. This exception does not eliminate other record keeping requirements of this Chapter.
F. 
Every dealer in secondhand goods shall deliver or otherwise make available a copy of the register upon the request of an appropriate Law Enforcement Officer, without prior notice or necessity of obtaining a search warrant during regular business hours and in a manner so as to minimize interference with or delay to the business operations.
G. 
No article or pledged good acquired by any dealer in secondhand goods shall be disposed of until after proper registration has been made by the dealer.
[Ord. No. 01-003 §3, 1-8-2001]
A. 
At the time of making any secured personal credit loan, a pawnbroker or other dealer in secondhand goods shall execute and deliver to the borrower a receipt for and describing the pledged goods 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 or other dealer in secondhand goods;
2. 
The name, address and date of birth of the pledgor or seller, his or her description and his or her driver's license number, military identification number, identification certificate number or other official number capable of identifying the pledgor, and a photocopy of a current photo identification or an original instant photo;
3. 
The date and time of transaction;
4. 
An identification and description of the pledged goods, including brand name, model and serial numbers if reasonably available, or if the item is jewelry, a description that includes the nature of the article (ring, bracelet, necklace, etc.), the color of gold (yellow, white or rose), the carat weight of any stone and the type of stone and its color, and the band size of any ring or length of any necklace or bracelet;
5. 
The amount of cash advanced or credit extended to the lender or seller;
6. 
The amount of the pawn service charged;
7. 
The total amount which must be paid to redeem the pledged good(s) on the maturity date;
8. 
The maturity date of the pawn transaction; and
9. 
A statement to the effect that the pledgor is not obligated to redeem the pledged good(s), and that they may be forfeited to the pawnbroker or other dealer in secondhand goods sixty (60) days after the specified maturity date.
B. 
Receipt entries shall be made in permanent form, by computer. Such entries shall not be erased, obliterated or altered in any way so as to cause said entries to become illegible or unreadable.
C. 
Receipts must be maintained in a form which contains a sequential numbering or lettering system.
D. 
An identifying tag must be attached to all pledged goods where they shall remain until redeemed or otherwise disposed.
E. 
Every dealer in secondhand goods shall deliver or otherwise make available a copy of all receipts upon request of an appropriate Law Enforcement Officer, without prior notice or necessity of obtaining a search warrant during regular business hours and in a manner so as to minimize interference with or delay to the dealer in secondhand goods's business operations.
[Ord. No. 01-003 §4, 1-8-2001]
A. 
Every dealer in secondhand goods shall complete and deliver to the Police Department a daily report of all articles or pledged goods or other valuable items received, or purchased during the preceding business day, together with the date and time received, deposited or purchased and including identification and description of the articles or pledged goods, including brand name, model and serial numbers, if reasonably available, together with the name and address of the person who left the articles or pledged goods or from whom said articles or pledged goods were purchased, his or her description and his or her driver's license number, military identification number, identification certificate number or other official number capable of identifying such person. The report shall be made by using the Pawn Inventory for Law Enforcement Tracking (PILET) software system (or future generations of the PILET system) as directed by the appropriate Law Enforcement Officer and shall indicate the name and address of the business making the report. All records and information that relate to a pawnbroker or other dealer in secondhand goods's purchase, pawn or trade transactions and that are delivered to or otherwise obtained by an appropriate Law Enforcement Officer are confidential and may be used only by such appropriate Law Enforcement Officer and only for the following official law enforcement purposes: the investigation of a crime specifically involving the item of property delivered to the dealer in secondhand goods in a pawn, purchase or trade transaction; the investigation of a dealer in secondhand goods's possible specific violation of the record-keeping 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 has occurred; and the notification of property crime victims of where property that has been reported misappropriated can be located. Each dealer shall have six (6) months from January 8, 2001, to implement the PILET software system or a comparable software program that has been previously approved, in writing, by the Police Department.
B. 
No report need be made of any articles or pledged goods purchased from manufacturers or wholesale dealers having an established place of business. However, when requested by an appropriate Law Enforcement Officer, the dealer in secondhand goods shall produce a bill of sale or other evidence of purchase of such articles or pledged goods.
C. 
Each dealer in secondhand goods shall keep, consistent with accepted accounting practices, adequate books and records relating to the dealer in secondhand goods's 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.
[Ord. No. 01-003 §5, 1-8-2001]
No article(s) or pledged good(s) received on deposit, taken in trade or purchased by any dealer in secondhand goods shall be sold from the place of business of such dealer in secondhand goods until the expiration of at least twenty-four (24) hours from the time the daily report was made available to the Police Department by electronic transmission, or if such daily report is submitted to the Police Department by floppy disc or CD, until the expiration of at least forty-eight (48) hours after mailing. Sundays and all legal holidays shall not be included in the computation of this length of time. Article(s) or pledged good(s) purchased from manufacturers or wholesale dealers need not be retained, unless so specifically ordered by the appropriate Law Enforcement Officer.
[Ord. No. 01-003 §6, 1-8-2001]
No dealer in secondhand goods shall take, buy or receive any articles or value whatsoever from any persons under eighteen (18) years of age, or have in his or her possession any such articles or pledged goods so had or obtained, without the written consent of such minor person's parent(s) or guardian(s).
[Ord. No. 01-003 §7, 1-8-2001]
Any person violating any of the provisions of this Chapter shall upon conviction thereof, be punished by a fine of not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00) for each violation. Each and every day upon which such violation continues shall be deemed a separate offense.
[Ord. No. 01-003 §8, 1-8-2001]
The Police Department shall compile and maintain information that will reflect the total number of records reviewed, and all misappropriated goods recovered, from all antique, auction, gun, jewelry, precious metal/coin, or secondhand dealers and dealer in secondhand goods doing business within the unincorporated area of St. Charles County.
[Ord. No. 01-003 §9, 1-8-2001]
A. 
Hold Order For Criminal Investigation, Return Of Property-Court Order.
1. 
Upon written notice from an appropriate Law Enforcement Officer indicating that articles or pledged goods in the possession of an antique, auction, gun, jewelry, precious metal/coin or secondhand dealer or a dealer in secondhand goods and subject to a hold order are needed for the purpose of furthering a criminal investigation and prosecution, such dealer or dealer in secondhand goods shall release the articles or pledged goods subject to the hold order to the custody of an appropriate Law Enforcement Officer and such officer shall provide a written acknowledgment that the articles or pledged goods have been released to him/her. The release of the articles or pledged goods to the custody of an appropriate Law Enforcement Officer shall not be considered a waiver or release of the dealer's or dealer in secondhand goods's property rights or interest in the articles or pledged goods. Upon completion of the criminal investigation, the articles or pledged goods shall be returned to the dealer or dealer in secondhand goods who consented to their release; except that if an appropriate Law Enforcement Officer has not completed the criminal investigation within one hundred twenty (120) days after its release, he/she shall immediately return the articles or pledged goods to the dealer or dealer in secondhand goods or obtain and furnish to the dealer or dealer in secondhand goods a warrant for the continued custody of the articles or pledged goods.
2. 
Except as provided in Subsection (A) above, the dealer or dealer in secondhand goods shall not release or dispose of the articles or pledged goods except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions.
B. 
Inspection Without Search Warrant, Hold Order.
1. 
Upon request of an appropriate Law Enforcement Officer to inspect the pledged goods that are described in information furnished by an antique, auction, gun, jewelry, precious metal/coin or other dealer in secondhand goods, such officer shall be entitled to inspect the articles or pledged goods 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 dealers or dealer in secondhand goods's business operation. When an appropriate Law Enforcement Officer has probable cause to believe that any articles or pledged goods in the possession of a dealer or dealer in secondhand goods are misappropriated, he/she may place a hold order on the same. The hold order shall contain the following:
a. 
The name of the dealer or dealer in secondhand goods;
b. 
The name and mailing address of the dealer in secondhand goods or pawnshop where the articles or pledged goods are 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 articles or pledged goods;
e. 
A complete description of the articles or pledged goods to be held including model and serial numbers; and
f. 
The expiration date of the holding period.
The hold order shall be signed and dated by an appropriate Law Enforcement Officer and signed and dated by the dealer or dealer in secondhand goods or the dealer's or dealer in secondhand goods's designee as evidence of the hold order's issuance by such officer, receipt by the dealer or dealer in secondhand goods 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 dealer or dealer in secondhand goods for the dealer's or pawnbroker's record keeping purposes at no cost to the dealer or dealer in secondhand goods.
2. 
Upon receiving the hold order, and subject to the provisions above, the dealer or dealer in secondhand goods shall retain physical possession of the articles or pledged goods 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.
3. 
Upon the expiration of the initial holding period or any extension thereof, the dealer or dealer in secondhand goods shall deliver written notice to the appropriate Law Enforcement Officer issuing the hold order that such order has expired and that title to the articles or pledged goods subject to the hold order will vest in the dealer in secondhand goods in ten (10) business days.
[Ord. No. 01-003 §10, 1-8-2001]
Enforcement of the criminal penalties Section shall be the responsibility of the Prosecuting Attorney's office.