For the purpose of this Article, the following terms, phrases
and words shall have the following meanings unless otherwise indicated
by context:
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, limited liability
company, 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 choses 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 or 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.
A.
Licenses Required. No person shall operate a pawnshop unless
such person obtains a pawnshop license issued by the City in accordance
with the general licensing provisions of the City and the specific
provisions of this Article. 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 Year Is Calendar Year. All licenses issued under
this Article are for a period of one (1) year or portion of one (1)
year and expire on Midnight of December thirty-first (31st). The license
fee for any license which is issued for a portion of a year shall
be prorated by the Director of Finance.
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 of Finance and shall
contain other relevant information sufficient to inform the Director
of Finance regarding the qualifications of the applicant for a license
as required by the Director of Finance. 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
or limited liability company, the application shall include the required
information for each officer and treasurer 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 or involves substantially identical principals and owners
of a licensed pawnshop at a separate location;
b.
Proof of general liability insurance in the amount of five hundred
thousand dollars ($500,000.00);
c.
An annual 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 at any time after the issuance of a license, the
license shall be null and void.
2.
Licenses are personal to the licensee and shall 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.
E.
Investigation By Director Of Finance. The Director of Finance
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 this Article; or
4.
Has a felony or misdemeanor conviction, or an ordinance violation
which either directly relates to the duties and responsibilities of
the occupation of 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 of Finance a bond satisfactory to
the Director of Finance 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 be a cause of action against the obligor of
such bond under the provisions of this Article. Such bond shall be
conditioned that the obligor will comply with the provisions of this
Article and by all rules and regulations adopted by the Director of
Finance 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 Article or any rules adopted by the Director of Finance pursuant
to this Article during the time such bond is in effect.
G.
Exemption From Requirement For New Pawnshop License. No person who is lawfully operating a pawnshop on the date of the enactment of this Article 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 to 367.060, RSMo., or this Article. 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 this Section, but such payment shall be in lieu of any occupational license fee.
H.
Limitation On Number Of Pawnbrokers In The City Of University 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 such licenses outstanding and in force at that time to more than one (1) per each five thousand (5,000) inhabitants residing in the City of University City, Missouri.
I.
Subsequent License Applications. Subsequent to the first
(1st) year for which a license is issued to a pawnbroker, each pawnbroker
shall make a renewal application to the Director of Finance. The application
shall be filed by January first (1st) of the current licensing year
and shall be on the forms and shall contain such information as the
Director of Finance may require. The forms shall contain such information
as will assist the Director of Finance in determining whether conditions
have changed and whether a renewal license should be issued for the
subsequent licensing year. The Director of Finance 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 City Manager 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 Article or any
State or municipal law, the City Manager may suspend the license.
2.
If the City Manager 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 Article or State or municipal law, the City
Manager may suspend the license. If the City Manager believes that
the changed condition(s) are such that, if true, 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 Article or State
or municipal law, then the City Manager may revoke the license.
3.
If the City Manager believes that the safety, morals or peace of
residents of the City of University City, Missouri, is immediately
affected by the change in conditions, the City Manager 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 City Manager 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 said hearing.
4.
Any party aggrieved by a decision of the City Manager may appeal
to the Circuit Court of St. Louis County in accordance with the provisions
of Chapter 536, RSMo., by filing an application for judicial review
within fifteen (15) days of the action complained of.
K.
Issuance Of Pawnshop Licenses Prohibited, When.
1.
No license shall be issued for the operation of a pawnshop as defined
within this Article wherein said pawnshop will be located within five
hundred (500) 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 Article 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 Article wherein said pawnshop will be located within five
hundred (500) feet of the property line of any residence, unless the
licensee shall provide to the City Manager written authorization for
such operation from the owner of record of such property and each
adult resident thereof.
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 charged;
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.
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.
D.
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.
E.
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 or 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.
F.
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 or her direction.
[R.O. 2011 §5.60.090; Prior Code §18-135; Ord. No. 5225 §1, 5-12-1980]
No pawnbroker, at any time, shall receive by way of pledge or
pawn any goods, articles or things whatever from a person under the
age of eighteen (18) years.
[R.O. 2011 §5.60.100; Prior Code §18-136; Ord. No. 5225 §1, 5-12-1980]
No pawnbroker shall receive by way of pledge or pawn any goods,
articles or things whatever from any person between the hours of 8:00
P.M. and 7:00 A.M.
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 Section and, upon conviction thereof, shall be punished as provided in Section 100.190 of the University City Municipal Code.
