City of Warrenton, MO
Warren County
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Table of Contents
Table of Contents
[Ord. No. 1801 §I, 9-2-2008]
For the purposes of this Chapter, the following terms shall have the meanings assigned to them by this Section, unless the context of their use in this Chapter clearly requires otherwise:
ARTICLE
Any used item acquired for resale, which is of a class of merchandise or commodity that includes, but is not limited to, automobile parts and accessories, wearing apparel, furniture, plumbing and construction materials, household appliances, musical instruments, sporting equipment, glassware, poles, wire and scrap metal.
MANAGER
Any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of a pawnshop.
MONTH
That period of time from one (1) date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month and when computations are made for a fraction of a month, a day shall be one-thirtieth (1/30) of a month.
NET ASSETS
The book value of the current assets of a person or personal credit loan agency less its applicable liabilities as stated herein. Current assets include the investment made in cash, deposits, merchandise inventory and loans due from customers excluding the pawn service charge. Current assets do not include the investments made in fixed assets of real estate, furniture, fixtures or equipment; investments made in stocks, bonds or other securities; or investments made in prepaid expenses or other general intangibles. Applicable liabilities include trade or other accounts payable; accrued sales, income or other taxes; accrued expenses; and notes or other payables that are unsecured or secured in whole or in part by current assets. Applicable liabilities do not include liabilities secured by assets other than current assets. Net assets must be represented by a capital investment unencumbered by any liens or other encumbrances or be subject to the claims of general creditors.
OWNER OR OWNERS
The proprietor, if a sole proprietorship; all 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.
PAWNBROKER/PERSONAL CREDIT LOANS
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.
PAWNSHOP
The location at which or a premises in which a pawnbroker regularly conducts business.
PERSON
An individual, partnership, corporation, joint venture, trust, association or any other legal entity, however organized.
PERSON OF GOOD MORAL CHARACTER
In addition to other factors making a person of good moral character, a person who has not been convicted of a felony or released from confinement for conviction of a felony, whichever event is later, within five (5) years immediately preceding the date of application for license or has not been convicted of a misdemeanor or released from confinement for conviction of a misdemeanor, whichever event is later, within two (2) years immediately preceding the date of application for license, where such felony or misdemeanor involved the operation of a pawnshop, theft, stealing, robbery, burglary or receipt of stolen property and related offenses as defined in the Missouri Criminal Code or similar Statutes or has not been convicted of municipal ordinance violation or released from confinement for conviction of a municipal ordinance violation, whichever event is later, within two (2) years immediately preceding the date of application for license, where such municipal ordinance violation involved the operation of a pawnshop, theft, stealing, robbery, burglary or receipt of stolen property.
PLEDGED GOODS
Tangible personal property other than choses in action, securities or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker/personal credit loan agency in the course of his/her business in connection with a loan transaction.
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.
VALUE
The fair market retail value of the article at the time and place of the acquisition of the article by the dealer or, where no reasonable monetary value can be ascertained, the cost of replacement of the article. It is expressly provided that value, as used in this Chapter, shall not be determined by the cost of the article as paid by the dealer.
[Ord. No. 1801 §I, 9-2-2008]
It shall be the duty of every person licensed as a pawnbroker/personal credit loan agency under the provisions of this Chapter to make available to the Chief of Police for inspection, at any reasonable time requested by the Chief of Police, daily pawn or loan records obtained by the licensee for each and every transaction that shall occur at the licensed premises. No person shall be required to furnish any such records of property purchased from manufacturers or wholesale dealers having an established place of business or of any goods purchased upon an open sale from any bankrupt stock or from any other person having an established place of business, but such purchased goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase and must be verified as such to the Chief of Police when requested.
[Ord. No. 1801 §I, 9-2-2008]
A. 
It shall be unlawful for any person to operate a pawnshop/personal credit loan agency unless said business is currently licensed as a pawnshop/personal credit loan agency issued pursuant to this Chapter and as authorized by the Revised Statutes of Missouri. To be eligible for a pawnshop/personal credit loan agency license, an applicant shall:
1. 
Be a person of good moral character;
2. 
Show that the pawnshop/personal credit loan agency will be operated lawfully and fairly under State law and City ordinance.
B. 
Every pawnbroker/personal credit loan agent must obtain a license for each place where such business is transacted. No one shall act as an agent, employee or solicitor for any business while such business owner is engaged in such business at a place other than that specified in the license.
C. 
An application for a new pawnshop/personal credit loan agency license, the renewal thereof, the transfer of an existing license or the approval of a change in the ownership of a licensed business 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 as may be required. If the applicant is a corporation, the application shall state the full name and address of each officer, shareholder and director. If the applicant is a partnership, the application shall state the full name and address of each partner.
D. 
A license shall not be issued to an applicant who is not a person of good moral character or is otherwise presently unfit for a pawnshop/personal credit loan agency license.
E. 
A satisfactory public liability insurance policy shall be filed with the City by the applicant covering all operations of said applicant. The sum of at least one hundred thousand dollars ($100,000.00) for each person injured and the sum of at least three hundred thousand dollars ($300,000.00) in the case of injury to two (2) or more persons in any one (1) occurrence and the sum of at least one hundred thousand dollars ($100,000.00) for damage to property shall be provided. Such policy shall provide that the City shall be notified of any cancellation or alteration by the insurance carrier within ten (10) days before such cancellation or alteration becomes effective.
F. 
Investigation Fee. Each application for a license shall be accompanied by an investigation fee of one hundred dollars ($100.00).
[Ord. No. 1801 §I, 9-2-2008]
The license provided for in this Chapter shall designate the licensed location and shall be posted conspicuously on the premises.
[Ord. No. 1801 §I, 9-2-2008]
Licensee shall pay an annual license fee of one hundred fifty dollars ($150.00) for each license. All applications for a license renewal, together with the license fee, shall be presented to the Finance Office of the City of Warrenton, Missouri.
[Ord. No. 1801 §I, 9-2-2008]
If any pawnbroker/personal credit loan agency or his/her agents, servants or employees shall violate any of the provisions of this Chapter or Chapter 367, RSMo., and is finally convicted in any court of the City or State; fails to comply with the provisions of this Chapter; or fails to remain a person of good moral character, the license or licenses issued under this Chapter to said personal credit loan agency may be suspended or revoked by the Board of Aldermen after a hearing before the Board of Aldermen. Ten (10) days' written notice of the hearing to suspend or revoke stating the grounds thereof shall be delivered to said business owner at his/her place of business as set forth in any license of said business or by leaving or posting said notice at said address. The pawnbroker/personal credit loan agent shall have the right at the hearing to be represented by an attorney, to cross-examine witnesses, to present evidence and to testify on his/her own behalf. The hearing shall be held in public at a regular or specially called meeting of the Board of Aldermen. Upon suspension or revocation of any license, no license fee paid shall be refunded to the licensee.
[Ord. No. 1801 §I, 9-2-2008]
A. 
After an investigation, the City shall issue the applicable license authorized by this Chapter if the City finds:
1. 
That the business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements of and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City, as well as the requirements of this Chapter;
2. 
That the applicant has not made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the City (as part of the original license application or application for renewal thereof);
3. 
That the applicant is a person of good moral character; and
4. 
That the applicant has not had a license or permit issued under the provisions of this Chapter revoked within five (5) years immediately preceding the application.
[Ord. No. 1801 §I, 9-2-2008]
It shall be unlawful for a pawnshop/personal credit loan agency owner to not comply with the building codes, zoning, fire, health and property maintenance ordinances of the City and with regulations of such departments of the City. Failure to comply with such ordinances or regulations may be a basis for suspension, revocation or non-renewal of the license issued to that owner.
[Ord. No. 1801 §I, 9-2-2008]
It shall be the responsibility of the manager or owner to have on the premises the names, addresses, home telephone numbers, date and place of birth and Social Security numbers of all current and former (prior two (2) years) employees.
[Ord. No. 1801 §I, 9-2-2008]
A. 
Every pawnbroker/personal credit loan agency shall keep at his/her place of business a clean and legible register in which he/she shall enter, in writing, the following information:
1. 
A detailed description to include, but not be limited to, make, model, serial number, color, appropriate carat weight, gold content, number and description of stones and engraving or any unique identifying characteristics of all property taken, purchased or received, including any number that may be in or upon any article.
2. 
The time and date acquired and a complete description of the person leaving or selling the property, giving his/her name, age, race, sex, color of eyes and hair, weight, height, scars, tattoos or other easily visible identifying physical characteristics.
3. 
The driver's license number, military identification number, home telephone number, identifying certificate number or other official number capable of identifying the person and place of residence, including street and number or rural route address.
4. 
The amount lent, together with the interest charged and the maturity date of the loan.
B. 
Such entries shall be made within one (1) hour after the receipt or purchase of the property. Every entry shall be made in ink and shall not, in any manner, be erased, obliterated or defaced.
C. 
The pawnbroker/personal credit loan agent shall get from the seller or person pledging the property a signed document from the seller or person pledging the property providing that the seller or person pledging the property has the right to sell the property.
D. 
The documentation information obtained for each transaction by the licensee shall be open to inspection by the Chief of Police. Every pawnbroker/personal credit loan agent shall also, upon request, show and exhibit to the Chief of Police any article under investigation by any Law Enforcement Agency taken or received by him/her.
[Ord. No. 1801 §I, 9-2-2008]
A. 
At the time of making any secured personal credit loan, a pawnbroker/personal credit loan agent shall execute and deliver to the borrower a receipt for and describing the tangible personal property subjected to the security interest to secure the payment of the loan. The personal credit loan agent shall keep and maintain for inspection in the same manner as the register a copy or second (2nd) original of every receipt. The receipt shall contain the following:
1. 
The name and address of the pawnshop;
2. 
The name, address and date of birth of the pledgor, the pledgor's description and the driver's license number, military identification number, Social Security number, identification certificate number or other official number capable of identifying the pledgor;
3. 
The right index fingerprint of the pledgor for all pledged goods for which the amount of cash advanced or credit extended to the pledgor exceeds fifty dollars ($50.00);
4. 
The date and time of transaction;
5. 
An identification and description of the pledged goods, including brand name, model and serial numbers, if reasonably available;
6. 
The amount of cash advanced or credit extended to the pledgor;
7. 
The amount of the loan service charge;
8. 
The total amount which must be paid to redeem the pledged goods on the maturity date;
9. 
The maturity date of the loan transaction; 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/personal credit loan agent sixty (60) days after the specified maturity date.
B. 
If the pawn ticket is lost, destroyed or stolen, the pledgor may so notify the lending business in writing and receipt of such notice shall invalidate such loan ticket, if the pledged goods have not previously been redeemed. Before delivering the pledged goods or issuing a new loan ticket, the pawnbroker/personal credit loan agent shall require the pledgor to make a written affidavit of the loss, destruction or theft of the ticket. The pawnbroker/personal credit loan agent shall record on the written statement the identifying information required, the date the statement is given and the number of the loan ticket lost, destroyed or stolen. The affidavit shall be signed by a notary public.
C. 
Receipt entries shall be made in ink or indelible pencil and said entries shall not be erased, obliterated or altered in any way so as to cause said entries to become illegible.
D. 
Receipts must be maintained in a form which contains a pre-printed, sequential numbering or lettering system.
E. 
An identifying tag or sticker must be attached to all pledged goods and shall remain on said pledged goods until redeemed or otherwise disposed of.
F. 
Every pawnbroker/personal credit loan agent shall maintain and shall deliver or otherwise make available, upon request of the Chief of Police or any designee, a copy of all receipts.
[Ord. No. 1801 §I, 9-2-2008]
The maximum rate of interest which may be charged for making and carrying any secured personal credit loan shall not exceed two percent (2%) per month on the amount of such loan. Pawnbrokers/personal credit loan agents may also charge for the storage and security of such pledged property.
[Ord. No. 1801 §I, 9-2-2008]
Each business shall keep, consistent with accepted accounting practices, adequate books and records relating to the loan 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.