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:
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.
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.
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.
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.
Stolen, embezzled, converted or otherwise wrongfully appropriated
or pledged against the will of the rightful owner or party holding
a perfected security interest.
That period of time from one (1) date in a calendar month
to the corresponding date in the following month.
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.
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.
The location in the unincorporated area of St. Charles County
at which, or the premises in which 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 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.
A person who pledges property to a pawnbroker.
A person who purchases an article(s) of personal property
from a pawnbroker.
Goods at wholesale or retail which have been previously purchased
and used and which are now offered for resale.
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.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
The name and address of the pawnshop or other dealer in secondhand
goods;
2.Â
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.Â
The date and time of transaction;
4.Â
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.Â
The amount of cash advanced or credit extended to the lender or seller;
6.Â
The amount of the pawn service charged;
7.Â
The total amount which must be paid to redeem the pledged good(s)
on the maturity date;
8.Â
The maturity date of the pawn transaction; and
9.Â
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.Â
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.Â
Receipts
must be maintained in a form which contains a sequential numbering
or lettering system.
D.Â
An
identifying tag must be attached to all pledged goods where they shall
remain until redeemed or otherwise disposed.
E.Â
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.Â
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.Â
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.Â
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.Â
Hold Order For Criminal Investigation, Return Of Property-Court Order.
1.Â
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.
B.Â
Inspection Without Search Warrant, Hold Order.
1.Â
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.Â
The name of the dealer or dealer in secondhand goods;
b.Â
The name and mailing address of the dealer in secondhand goods or
pawnshop where the articles or pledged goods are held;
c.Â
The name, title and identification number of the Law Enforcement
Officer placing the hold order;
d.Â
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.Â
A complete description of the articles or pledged goods to be held
including model and serial numbers; and
f.Â
The expiration date of the holding period.
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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.
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2.Â
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.Â
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.
