City of Marshfield, MO
Webster County
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Table of Contents
Table of Contents
[R.O. 2014 §615.010]
Any person within the City who loans monies on deposit of personal property, or deals in the purchase or possession of personal property on condition of selling the same back again to pledgor or depositor, or who loans or advances money on personal property by taking chattel mortgage security thereon and takes or receives such personal property into his/her possession is hereby declared to be a Pawnbroker.
[R.O. 2014 §615.020]
It shall be unlawful for any person to conduct or transact a pawnbroker business or pawn shop in the City without first having procured a City license therefore as hereinafter provided. The Board of Aldermen shall approve the issuance of all such licenses and shall have the power of revoking any such license for any violation of any provision of this Chapter.
[R.O. 2014 §615.030]
No pawnbroker shall conduct the business of a second-hand dealer without having obtained the license required for such dealer in addition to his/her pawnbroker's license. A "second-hand dealer" is defined as engaging in business of buying and selling or trading second-hand merchandise.
This Chapter is not to be construed as an ordinance regulating the business of a second-hand dealer.
[R.O. 2014 §615.040]
The application shall state the name of the person and in case of a firm or corporation, the names of all of the partners in such firm or of the directors, officers and stockholders of such corporation: Also, the place, street, and number where such business is to be carried on, and shall specify the amount of capital proposed to be used by the applicant in such business, and shall be signed by at least ten (10) citizens of the City, of good reputation, certifying to the good reputation and moral character of the applicant.
The City Marshal/Chief of Police shall investigate each applicant for such license and shall report to the Board of Aldermen whether or not such applicant is a person of good moral character.
No license shall be issued to a person who has been convicted of the offense of receiving stolen goods, burglary, or robbery.
Applications for pawnbrokers license shall be made to the City Clerk.
[R.O. 2014 §615.050]
No such license shall be issued to any person, corporation, co-partnership, or association other than the real and actual proprietor of the business and place of business for which it is issued.
No pawnbroker shall be allowed to own or operate more than one (1) place for transacting the business of a pawnbroker without having first obtained a license for each such place of business.
[R.O. 2014 §615.060]
All applications for pawnbrokers licenses shall be presented to the Board of Aldermen at a regular meeting thereof. No application shall be acted upon until a recommendation for or against the application is received from the City Marshal/Chief of Police, provided that the Board of Aldermen shall not be bound by the City Marshal/Chief of Police's recommendation.
[R.O. 2014 §615.070]
The applicant shall file with the application a bond running to the City, conditioned for the faithful observance of all provisions of this Chapter respecting pawnbrokers during the continuance of such license and any renewal thereof for not more than one (1) year. This bond shall be in the sum of five thousand dollars ($5,000.00) with a corporate surety or two (2) or more individual sureties. To such bond shall be attached as justification to the effect that the sureties are residents within the County and each is worth the amount specified in such bond over and above all just debts and liabilities and exclusive of property exempt from execution.
[R.O. 2014 §615.080]
The annual fee for a pawnbroker's license shall be pursuant to Section 605.020 and this fee shall be payable in advance and no license shall be issued until the fee is paid.
[R.O. 2014 §615.090]
The license issued under this Chapter shall state the name of the person to whom issued, the place of business, and street number where such business is located, and the amount of capital employed. Such license shall entitle the person receiving it to do business at the place designated in such license.
[R.O. 2014 §615.100]
If a pawnbroker shall not conduct said business for a period of ninety (90) days, the license shall be null and void. The pawnbroker's license shall not be transferable to any other person, except by a majority vote of the Board of Aldermen and the filing of an application and a new bond by the person to whom such license is, or may be, transferred or signed. It shall be unlawful for any person to do business or attempt to do business under a license transferred to him/her without such approval of the Board of Aldermen.
In the event a pawnbroker shall change the address of any license shop, such pawnbroker shall apply to the Board of Aldermen for a new license, showing the new address of the shop prior to opening for business.
[R.O. 2014 §615.110]
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 therefore and a copy of all ordinances relating to pawnbrokers.
[R.O. 2014 §615.120]
The pawnbroker shall retain in his/her possession every pledge or pawn for thirty (30) days after the maturity of the loan, or for thirty (30) days after the last payment of interest, or part of the principal, whichever is greater. If the pledgor shall fail or neglect for thirty (30) days after maturity of the loan or thirty (30) days after the last payment of interest or part of the principal, to redeem the pawned property, the pawnbroker may sell any such property held for redemption provided that such property shall have been held for redemption for a period of not less than one hundred fifty (150) days from the date of pledge. After a loan is in default, the pawnbroker may refuse to accept any payment less than the entire principal and interest due.
[R.O. 2014 §615.130]
Each pawnbroker shall furnish to the pledgor a printed receipt clearly showing the amount loaned with the specific detailed description of the pledged property pawned or received, date of receipt thereof, time for redemption and the name of the pledgee. The reverse side of said receipt shall be marked in such a manner that the amounts of principal and interest and any other charges paid by the person securing the loan can be clearly designated thereon. Each payment shall be entered upon the reverse side of said receipt and shall designate how much of the payment is being credited to principal, how much to interest, and how much to any other charge, with the date of said payment shown thereon. The pawnbrokers shall affix to each article or thing a tag upon which shall be inscribed a number, of legible characters, which shall correspond to the number on the pawn ticket and be entered in the book required to be kept by Section 615.190 hereof. The pawnbroker shall furnish all information required by law to be given to borrowers by State Law and Federal Law.
The following information shall be printed on the front or back of each pawn ticket required to be given the pledgor.
In the event of failure to pay the loan within ______ days from the date hereof, or within _____ days after maturity, or within ____ days after payment of any monthly interest when due, whichever period of time is the greater, you shall thereby forfeit all right and title unto such pledged and pawned property to the pawnbroker, who shall thereby acquire an absolute title to the same.
Said pawn ticket shall also include the manufacturer's identifying insignia or serial number, if any.
Such pawn ticket shall constitute the loan or sale contract.
The pawnbroker shall not charge the customer for preparation of said pawn ticket.
[R.O. 2014 §615.140]
Every pawnbroker shall, at the time of each loan, deliver to the person pawning or pledging any goods, articles, or things, a memorandum or note signed by him, containing the substance of the entry required to be made by him/her in such record book, and an estimated value of the goods, articles, or things pledged, and no charge shall be made or received by any pawnbroker for any such entry, memorandum, or note.
[R.O. 2014 §615.150]
Upon redemption of any pledge, the pawnbrokers shall furnish to the pledgor at the time of redemption, a written signed receipt indicating the exact amount paid on principal and interest, in order that said pledgor may have the benefit of said receipt for income tax purposes and other matters. Said written receipt shall be either printed or stamped with the name of the pawnbroker and the address, and shall be legibly written so that the figures thereon are clearly discernible.
[R.O. 2014 §615.160]
Every pawnbroker shall prepare and deliver to the pledgor at the time of the pledge a separate pawn ticket for each and every item pledged.
[R.O. 2014 §615.170]
It shall be unlawful for any pawnbroker to charge interest exceeding one and one-half percent (1½%) per month on any pledge. The amount of interest so tendered and received shall be recorded on the reverse side of the pawn ticket for each separate pledge together with the initials of the person accepting such tender. Each and every pawn ticket shall provide in addition to other required printing thereon as specified in this Chapter, the following words:
Maximum legal interest rate one and one-half percent (1½%) month plus one dollar ($1.00) service charge.
Pledgor shall sign said ticket on the space provided thereunder.
[R.O. 2014 §615.180]
Each and every pawnbroker shall post and maintain in a prominent location within the confines of said pawn shop and maintain in a prominent location within the confines of said pawn shop a printed sign not less than fifteen (15) by twenty (20) inches with clearly discernible red lettering on a white background in not less than two (2) inch size the following words:
Maximum legal interest one and one-half percent (1½%) plus one dollar ($1.00) for service charge.
This pawnbroker is required by City ordinance to photograph every person pledging or depositing any article of personal property.
[R.O. 2014 §615.190]
Every pawnbroker shall keep a book in which shall be entered and legibly written in ink at the time of each loan or receipt of personal property an accurate account and description of the goods, articles, or things pawned or received, the amount of money loaned or advanced thereon, the number of the pawn ticket given to the pledgor, the time when redeemable, the time both day and hour, of pawning and receiving such goods, articles, or things, and the name, residence, age, sex, color, and description as near as possible of the person pawning or delivering the goods, articles or things. No entry made in such book shall be erased, obliterated, or defaced. The book, as well as every article or thing pawned, pledged, or deposited, shall at all reasonable times be open to inspection by the City Marshal/Chief of Police or any officer directed by said City Marshal/Chief of Police.
[R.O. 2014 §615.200]
Every pawnbroker or pawn shop keeper in the City must, before the hour of 12:00 P.M. of every day, except Sunday, and days the pawnbroker is closed all day, make and deliver to the City Marshal/Chief of Police at the Police Station a full, true and detailed copy of all pawn tickets legibly written, setting forth an exact description of each article or thing, pawned or received, by such pawnbroker or pawn shop keeper during the period since the last such report. Said ticket shall be a full, detailed, and correct copy of all entries in the book required to be kept in the immediately preceding Section. If no article or thing has been pawned or received, a report must be made to that effect.
[R.O. 2014 §615.210]
The City Marshal/Chief of Police shall cause such a number of blanks to be printed as may be necessary for the purpose of making the reports required by this Chapter. He/she shall, from time to time, cause such additional blanks to be printed as may be required. These blanks shall be so printed and subdivided that they shall have space for writing and all the matters required by this Chapter to be registered and reported. This report shall be written in the English language in a clear and legible manner. Such blanks shall bear a caption, providing spaces in which shall be filled in the date of the report, the name and residence of the person making the same, and the hour of day when made and all other matters required by this Chapter to be reported, including but not limited to the name, address, age, motor vehicle operator's or chauffeur's license number, state of issuance, social security number, height, weight, color of eyes, and color of hair of the pledgor, with a photograph of such pledgor being attached thereto.
[R.O. 2014 §615.220]
The City Marshal/Chief of Police shall deliver the blanks provided for in the immediately preceding Section to the person from whom these reports are required, from time to time, at the cost of the Police Department. The City Marshal/Chief of Police shall, upon receipt of such reports, file them in some secure place in his/her office, and they shall be open to inspection only by the City Marshal/Chief of Police or any officer directed by the City Marshal/Chief of Police or by the City Administrator or any person directed by the City Administrator or upon any order of the Court.
[R.O. 2014 §615.230]
Duplicate copies of receipts shall be maintained in chronological order by the pawnbroker in a bound or otherwise secured book for a period of at least one (1) year from the date of redemption and shall be at all times open to the inspection of the City Marshal/Chief of Police or any officer directed by the City Marshal/Chief of Police, City Administrator, City Clerk, or City Attorney, or by any one (1) or more of such officials or their representatives.
[R.O. 2014 §615.240]
It shall be unlawful for any pawnbroker, pawn shop keeper, his/her servant or employee to receive any goods, articles, or things in pawn or pledge from a person who is intoxicated, under the influence of drugs, insane, or a person under the age of eighteen (18) years.
[R.O. 2014 §615.250]
It shall be unlawful for any pawnbroker to employ any clerk or person under the age of eighteen (18) years to receive any pledge or make any loan.
[R.O. 2014 §615.260]
The holder of a pawnbroker's license shall be responsible for any and all acts of his/her employees and for any violation by them of the provisions of this Chapter.
[R.O. 2014 §615.270; Ord. No. 1609 §1, 12-19-2013]
No licensed pawnbroker shall buy, sell, or take for pledge, pawn, or security any blackjack, switchblade, brass knuckles, numchucks, sawed-off shotguns, dirk, dagger, razor, or any other dangerous or deadly weapons prohibited by State or Federal law, and no pawnbroker shall display said weapons for sale in his/her place of business.
[R.O. 2014 §615.280]
It shall be the duty of every pawnbroker to report to the Police, any article pledged with him/her or which it is sought to be pledged with him/her if he/she shall have reason to believe that the article was stolen or lost and found by the person attempting to pledge it in the case of a lost article.
This notification by the pawnbroker to the police shall be in writing and said pawnbroker shall provide the name, address, physical description, and photograph of the person from whom the article or personal property was received, the time said article or personal property was received, and any facts connected therewith that may tend to the discovery and conviction of the thief or thieves.
[R.O. 2014 §615.290]
No pawnbroker shall accept as collateral, security, or purchase any camera, radio, television set, video cassette recorder, lawnmower, typewriter, adding machine, calculating machine, copy machine, duplicating machine, tape recorder, tape player, cash register, still or moving picture projector or offset projector, dictating machine, record player, electric buffer, electric polisher, electric floor waxer, or any other article or personal property that was intended to have a manufacturers serial number or other identifying insignia, unless such item shall have plainly visible thereon said serial number or insignia.
[R.O. 2014 §615.300]
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 pledgers, in case of destruction by fire or loss by theft.
[R.O. 2014 §615.310]
It shall be unlawful for any pawnbroker to charge or receive any appraisal fee, storage fee, or any other fee or charge other than the amount specified in this Chapter. No charges shall be made for restoring stolen property to its rightful owner.
[R.O. 2014 §615.320]
Every employee of a pawn shop as hereinafter defined shall, within thirty (30) days after October 7, 1986, register his/her name and address with the Police Department of the City and shall have had his/her thumb prints, finger prints, and photograph taken, and filed with the City and receive a certificate showing compliance therewith. For the purpose of this Section, an employee of a pawn shop shall include all persons working in a pawnbroker shop and any owner, stockholder, if the owner is a corporation, partner or any other person who receives income in any manner from the operation of said pawn shop. Every person seeking to be registered under the provisions of this Section shall first pay to the City the sum of five dollars ($5.00) as a condition precedent to having issued to him/her a certificate as provided herein.
[R.O. 2014 §615.330]
No pawnbroker's license shall be issued in any location in which such business is not permitted by the zoning ordinances of the City.
[R.O. 2014 §615.340]
Every pawnbroker shall fully comply with all of the requirements and provisions of the Revised Statutes of the State of Missouri.
[R.O. 2014 §615.350]
Any person, firm, or corporation violating any provisions of this Chapter, shall be deemed guilty of an offense and shall be punished as provided in Section 100.240 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.