[CC §11.110; Ord. No. 416 §1, 12-16-1991]
For the purposes of this Chapter the following terms shall have
these prescribed meanings:
Any business or persons engaged in the business of purchasing
or trading objects, precious metals, precious stones, jewelry or coins
from the general public for the purpose of salvage, scrap, recycling,
resale from a store or stand, except licensed retail jewelers, and
any person engaging in the pawn shop business receiving and selling
pawned merchandise, shall be subject to the provisions of this Chapter.
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.
[CC §11.110; Ord. No. 416 §2, 12-16-1991; Ord. No. 422 §1, 3-2-1992]
No person shall do business as a pawnbroker in the City of St. John without having first obtained a business license therefor provided for in Chapter 610 of the Municipal Code for the City of St. John. Furthermore, said pawnbroker shall comply with the revised Statutes of the State of Missouri including, but not limited to the provisions of Chapter 367 RSMo., and show proof of compliance therewith along with the license application. No more than one (1) license for a pawnbroker shall be granted for every eight thousand (8,000) inhabitants of the City, or fractional part thereof.
[CC §11.110; Ord. No. 416 §3, 12-16-1991]
A.
In addition to the requirements for a business license stated in Chapter 610 of the Municipal Code for the City of St. John, the following conditions for licensing shall apply.
B.
Every
application for a license hereunder shall be made in writing to the
City Manager and shall state where the business is to be carried on.
Furthermore, any application or annual renewal for license shall be
supplemented with a statement or schedule of the usual and customary
loan fee, interest rates on loans as charged or to be charged by the
license holder and the conditions of forfeitures to be imposed by
the license holder. Before any license shall be issued, the City Manager
shall procure from the Police Department an endorsement on the back
of the application therefor:
1.
That in their opinion the applicant has a good moral character;
2.
That the applicant has installed a property camera and agreed to
use the equipment to photograph every person and receipt or pawn ticket
given to such person in connection with all loans and purchases of
all articles effected or made by him, and to make the photographs
available to any Law Enforcement Officer upon request;
3.
That the applicant has agreed not to accept as collateral security
or to purchase any camera, radio, television set, lawn mower, typewriter,
adding machines, calculating machines, copying machine, duplicating
machine, tape recorder, tape player, VCR, compact disk player, firearm,
microwave oven, radar detector, appliance, computer and/or computer
printer, cash register, still or moving picture projector or offset
projector, dictating machine, record player, electric buffer, electric
polisher, electric floor waxer, or any other item which originally
had a manufacture serial number that since has been altered, removed
or defaced, unless the item shall have plainly visible thereon the
manufacturer's serial number or other identifying insignia.
4.
The place where the business is to be carried on is shown by a plat
prepared by the applicant to be not less than five hundred (500) feet
from the nearest point of the building wherein such place is located
to any elementary school, public, parochial or private, unless the
business has the written approval of school and/or church.
5.
The applicant shall 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; and
6.
The applicant shall show that the pawnshop will be operated lawfully
and fairly within the purposes of Sections 367.011 to 367.060, RSMo.
In addition to the qualifications specified in this Subsection, the
City may also refuse to issue a pawnshop license to any applicant
who has a felony or misdemeanor conviction which directly relates
to the duties and responsibilities of the occupation of pawnbroker
or otherwise makes the applicant presently unfit for a pawnshop license.
C.
If
the City is unable to verify that the applicant meets the net assets
requirement for a licensed pawnshop, the City may require a finding,
including the presentation of a current balance sheet, by an independent
certified public accountant that the accountant has reviewed the books
and records of the applicant and that the applicant meets the net
assets requirement of this Section.
D.
An
application for a new pawnshop license, the transfer of an existing
pawnshop license or the approval of a change in the ownership of a
licensed pawnshop 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 required by the
City. If the applicant is a partnership, the City may require that
the application state the full name and address of each member. If
the applicant is a corporation, the application shall state the full
name and address of each officer, shareholder, and director. The application
shall be accompanied by:
1.
An investigation fee of five hundred dollars ($500.00) if the applicant
is unlicensed at the time of applying for the pawnshop license 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; and
2.
Proof of general liability if required by the City, and an annual
fee of five hundred dollars ($500.00).
E.
Each
applicant for a pawnshop license at the time of filing application
shall file with the City, if the City so requires, a bond satisfactory
to him and in an amount not to exceed five thousand dollars ($5,000.00)
for each license 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 or persons who may have a cause
of action against the obligor of such bond under the provisions of
Sections 367.011 to 367.060, RSMo. Such bond shall be conditioned
that the obligor will comply with the provisions of Sections 367.011
to 367.060, RSMo.,and of all rules and regulations lawfully made by
the City.
[CC §11.110; Ord. No. 416 §4, 12-16-1991]
The License Collector of the City shall have power and authority
to revoke any license issued under this Chapter for any willful violation
by a licensed pawnbroker of any of the provisions or conditions contained
in the Chapter. The license shall be revoked only after the licensee
shall have been notified in writing at his place of business of the
violations complained of and shall have been afforded a reasonable
opportunity to have a hearing thereon before the License Collector.
[CC §11.110; Ord. No. 416 §5, 12-16-1991]
Every pawnbroker shall keep a register of all loans and purchases
of all articles effected or made by him which register shall show
the date of all loans or purchases, and the names of all persons who
have left any description of property on deposit as a collateral security
or as a delivery on sale thereof. Opposite the name and date shall
be written on plain hand the person's age and motor vehicle operator's
or chauffeur's license number, or social security number or other
identification of public record designated in a list of such items
established by the Chief of Police; a full description of all property
purchased or received on deposit as collateral security, the manufacturer's
identifying insignia or serial number if applicable, the time when
the loan falls due, the amount of purchase money or the amount loaned
and the interest charged and the picture number. In addition to this,
he shall give the party negotiating or selling, a plain written or
printed ticket for the loan, and a plain written or printed receipt
of the articles purchased having on each a copy of the entries required
by this Chapter to be kept in his register. For the ticket or receipt
he shall not be entitled to make any charge. The register of all transactions
shall be preserved for a period of two (2) years from the date of
the last transaction recorded therein.
[CC §11.110; Ord. No. 416 §6, 12-16-1991]
The register required by Section 635.050 shall at all times be open to the inspection of the Chief of Police, City Attorney or any of his associates or assistants, or any Police Officer or any person authorized in writing by any one of such officers and who shall exhibit the written authority to the pawnbroker.
[CC §11.110; Ord. No. 416 §7, 12-16-1991]
No pawnbroker shall receive by way of pledge or pawn any goods,
articles or things whatever from a minor at any time.
[CC §11.110; Ord. No. 416 §8, 12-16-1991]
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.
[CC §11.110; Ord. No. 416 §9, 12-16-1991]
No pawnbroker shall make any loan on the separate or divided
part of any article.
[CC §11.110; Ord. No. 416 §10, 12-16-1991]
It shall be unlawful for any person to act as agent for a pawnbroker
at any other place than the place of business stated in the application
for a license.
[CC §11.110; Ord. No. 416 §11, 12-16-1991]
No pawnbroker shall accept any article or property as collateral
security, or purchase any article or property unless he shall make
a photograph of the person from whom the article or property is being
received along with the receipt or pawn ticket given to the person:
nor shall any pawnbroker refuse to deliver the photograph to any Law
Enforcement Officer upon request in connection with a specific item
of stolen property, within one (1) year following the date the photograph
is taken. Every pawnbroker shall display a notice to his customers
in a prominent place to the effect that he is required to photograph
every person pawning or selling an item to him, By City ordinance.
[CC §11.110; Ord. No. 416 §12, 12-16-1991]
Objects of precious metals, precious stones, jewelry or coins
purchased shall be held for a period of thirty (30) days from the
date of purchase before being resold or disposed of in any manner,
and shall be maintained for inspection by any member of the Police
Department, or any Law Enforcement Officer in the State. These objects
of precious metals shall be kept in an orderly fashion and shall be
maintained in the same condition that they were in at the time of
the purchase, together with the name, address, social security number,
date of birth, place of employment and telephone number of the persons
from whom the items were purchased, which information shall be maintained
with the items purchased.
[CC §11.110; Ord. No. 416 §13, 12-16-1991]
Any person, firm or corporation who violates any provision within this Section, shall, upon conviction, be subject to the penalties stated in Section 100.010 of this Code. Nothing in this Chapter is intended to preclude the prosecution of any pawnbroker or his agent or employee, for stealing any pawned or pledged property.
