[R.O. 2012 §620.010; Ord. No. 368 §1, 11-10-1993]
For the purposes of this Chapter, the following terms, phrases,
and words shall have the following meanings unless otherwise indicated
by context:
The Chief of Police of the City of Normandy Police Department.
The Finance Director of the City of Normandy.
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 date 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.
The book value of the current assets of a person or pawnbroker
less its applicable liabilities as stated in this definition. Current
assets include the investment made in cash, bank 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 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 to be subject to the
claims of general creditors.
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, 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, perjury, any weapons offense, or any crime of violence.
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
in the course of his/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.
[R.O. 2012 §620.020; Ord. No. 368 §2, 11-10-1993]
A.
License Required. No person shall operate a pawnshop in the City of Normandy unless such person obtains a pawnshop license issued by the City in accordance with Chapter 605 of the City of Normandy and the provisions of this Chapter. 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.
B.
Licensing Year Is Calendar Year. All licenses issued under
this Chapter 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 pro-rated by the Director.
C.
Application For New Pawnshop License. An application for
a new pawnshop license shall be under oath and on forms prescribed
by the Director, shall state the full name and place of residence
of the applicant, the place where the business is to be conducted,
and shall contain other relevant information sufficient to inform
the Director regarding the qualifications of the applicant for a license
as required by the Director. If the applicant is a partnership, the
application shall state the full name and address of each partner,
and whether such partner is a general partner or a limited partner.
If the applicant is a corporation, the application shall give the
full name and address of each officer, shareholder, and director.
Further, a "certificate in good standing" issued
by the Missouri Secretary of State shall be filed with the 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, 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 insurance in the amount of fifty thousand
dollars ($50,000.00); and
3.
An annual fee of five hundred dollars ($500.00).
D.
Transfer Of Existing Pawnshop License — Change Of Ownership
Of Licensed Pawnshop. Transfer of an existing pawnshop license,
or the change of ownership of a licensed pawnshop, is the same as
an initial application for a new pawnshop license. Licenses are personal
to the licensee.
E.
Investigation By Director. The Director 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 having 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 renewal licenses; or
3.
Has a felony or misdemeanor conviction 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
4.
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
5.
Each applicant for a pawnshop license at the time of filing application
shall file with the City or County, if the City or County so requires,
a bond satisfactory to him/her 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 State. The aggregate liability of
such surety shall not exceed the amount stated in the bond. The bond
shall run to the State for the use of the State 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 and 367.060, RSMo. Such
bond shall be conditioned that the obligor will comply with the provisions
of Sections 367.011 and 367.060, RSMo., and of all rules and regulations
lawfully made by the City or County, and will pay to the State and
to any such person or persons any and all amounts of money that may
become due or owing to the State or to such person or persons from
such obligor under and by virtue of the provisions of Sections 367.011
and 367.060, RSMo., during the time such bond is in effect.
|
|
If the Director is unable to verify that the applicant meets
the net assets requirement for a licensed pawnshop, the Director 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 Chapter.
|
G.
Exemption From Requirement For New Pawnshop License. No person who is lawfully operating a pawnshop on or before November 10, 1993, 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. Such persons may continue to operate those pawnshops then in existence, but thereafter must receive annual renewed licenses even though the operation of such pawnshop might cause the number of pawnbrokers in the City of Normandy to exceed the number determined by operation of Subsection (H) of this Section. Such persons shall be required to pay the five hundred dollars ($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 Normandy. 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 Normandy, Missouri.
I.
Subsequent License Applications. Subject to the first (1st) year for which a license is issued to a pawnbroker, each pawnbroker shall make a renewal application to the Director. The application shall be filed by December first (1st) of the current license year, and shall be on the forms, and shall contain such information, as the Director may require. The forms shall contain such information as will assist the Director in determining whether conditions have changed, and whether a renewal license should be issued for the subsequent licensing year. The Director 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). A renewal license is required in those cases where no initial license was issued pursuant to the provisions of Subsection (H) of this Section.
J.
Suspension Or Revocation Of License.
1.
If the Director believes that conditions have changed such that the
holder of a pawnshop license would not still be eligible to receive
a pawnbroker's license, or that the holder of the pawnshop license
is in violation of this Chapter or State law pertaining to pawnshops,
the Director may suspend the license.
2.
If the Director believes that the holder of a pawnshop license may
remedy the situation, giving rise to the Director's belief that conditions
have changed, and has not previously been in violation of this Chapter
or State law pertaining to pawnshops, the Director may suspend the
license. If the Director 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 holder of the pawnshop license has
previously been in violation of this Chapter or State law pertaining
to pawnshops, then the Director may revoke the pawnshop license.
3.
If the Director believes that the safety, morals, or peace of residents
of the City of Normandy, Missouri, is immediately affected by the
change in conditions, the Director 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 Director believes that the changed
condition is not of such imminent hazard to the safety, morals, or
peace of the residents of the City of Normandy, he/she may have a
hearing prior to this action. He/she shall give the licensee at least
ten (10) days' notice of the hearing.
4.
Any party aggrieved by a decision of the Director shall have the
right of appeal to the Circuit Court of St. Louis County.
K.
Issuance Of Pawnshop Licenses Prohibited Near Churches/Synagogues,
Schools, Residentially-Zoned Districts Or Other Pawnshops.
1.
No license shall be issued for the operation of a pawnshop as defined
within this Chapter wherein said pawnshop will be located within one
thousand feet (1,000) 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 Chapter 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.
[R.O. 2012 §620.030; Ord. No. 368 §3, 11-10-1993]
A.
Receipt For Pledged Property, Contents, Loss Of, Effect.
1.
At the time of making the secured personal credit loan, the lender
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 receipt shall contain the following:
a.
The name and address of the pawnshop;
b.
The name and address of the pledgor, the pledgor's description, the
driver's license number, date of birth, height, weight, sex, race
or nationality, and military identification number, identification
certificate number, or other official number capable of identifying
the pledgor;
c.
The date of the transaction;
d.
An identification and description of the pledged goods, including
serial numbers if reasonably available;
e.
The amount of cash advanced or credit extended to the pledgor;
f.
The amount of the pawn service charged;
g.
The total amount which must be paid to redeem the pledged goods on
the maturity date;
h.
The maturity date of the pawn transaction; and
i.
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.
2.
If a pawn ticket is lost, destroyed, or stolen, the pledgor may so
notify the pawnbroker in writing, and receipt of such notice shall
invalidate such pawn ticket, if the pledged goods have not previously
been redeemed. Before delivering the pledged goods or issuing a new
pawn ticket, the pawnbroker shall require the pledgor to make a written
affidavit of the loss, destruction, or theft of the ticket. The pawnbroker
shall record on the written statement the identifying information
required, the date the statement is given, and the number of the pawn
ticket lost, destroyed, or stolen. The affidavit shall be signed by
a notary public appointed by the Secretary or State pursuant to Section
486.205, RSMo., to perform notarial acts in this State.
B.
Operational Regulations.
1.
The pawnbroker shall keep a register of all items pawned at each pawnshop, which register shall contain the information listed in Subsection (A)(1) of this Section.
2.
All pawnbrokers shall install a proper camera in operative condition
and shall use such equipment to photograph every person, and receipts
of pawn shop tickets given to such persons with all loans and with
all purchases of items from persons.
3.
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.
4.
All such photographs shall be maintained and kept by the pawnbroker
for a period of at least one (1) year following the taking of the
photograph, and shall be available for development, and developed
by the pawnbroker upon request by the Chief of Police.
5.
The register and photographs provided for herein shall at all times
be kept open to the inspection of Police Officers duly sworn by the
City of Normandy, Missouri, under Chapter 590, RSMo. Every pawnbroker
shall also, upon request, show and exhibit to any such officer, any
article purchased, taken, or received by the pawnbroker if the item
is still in the possession of the pawnbroker.
C.
Hold Orders.
1.
Whenever any Peace Officer has probable cause to believe that property
in possession of a pawnbroker licensed by the City of Normandy is
stolen or embezzled, said officer may place a written hold order on
the property. The initial term of such order may not exceed thirty
(30) days, except that the holding period may be extended in successive
thirty (30) day increments upon written notification prior to the
expiration of the immediately preceding holding period. If the holding
period has expired and has not been extended as provided in this Section,
the hold order shall be considered expired and no longer in effect
and title shall vest in the pawnbroker, subject to any restrictions
contained in the pawn contract. A hold order required by this Section
shall contain the following:
a.
Name of the pawnbroker;
b.
Name, title and identification number of the Peace Officer placing
the hold order;
c.
Name and address of the agency to which the Peace Officer is attached
and the offense number;
d.
Complete description of the property to be held, including model
number, serial number and transaction number;
e.
Name of the agency reporting the property to be stolen or embezzled;
f.
Mailing address of the pawnshop where the property is held; and
g.
Expiration date of the holding period.
2.
The pawnbroker or his/her designee shall sign and date a copy of
the hold order as evidence of its receipt and the beginning of the
initial holding period.
3.
While the hold order is in effect, the pawnbroker may consent to
release, upon written receipt, the stolen or embezzled property to
the custody of the law enforcement agency to which the Peace Officer
placing the hold order is attached. Such consent shall not be considered
a waiver or release of the pawnbroker's property rights or interest
in the property.
4.
Except as provided in Subparagraph (3) of this Subsection, the pawnbroker
shall not release or dispose of the property except pursuant to a
court order or the expiration of the holding period of the hold order,
including all extensions.
5.
In the event criminal charges have been filed in any Missouri court
involving property which is in the possession of a pawnbroker licensed
by the City of Normandy and which may be needed as evidence, the appropriate
Prosecuting Attorney's office may place a written hold order on the
property. Such order shall contain the case number, the style of the
case and a description of the property. The pawnbroker shall hold
such property until receiving notice of the disposition of the case
from the Prosecuting Attorney's office. The Prosecuting Attorney's
office shall notify the pawnbroker in writing within fifteen (15)
days of the disposition of the case.
6.
Willful non-compliance by a pawnbroker to a written hold order shall
be cause for the pawnbroker's license to be suspended or revoked.
A hold order may be terminated at any time by written release from
the law enforcement agency or Prosecuting Attorney placing the initial
hold order.
D.
Loan Due, When — Return Of Collateral, When — Restrictions.
1.
Every secured person credit loan shall be due and payable in lump
sum thirty (30) days after the date of the loan contract, or if extended,
thirty (30) days after the date of the last preceding extension of
the loan, and if not so paid when due, it shall, on the next day following,
be in default. The lender shall retain possession of the tangible
personal property subject to the security interest to secure payment
of any secured personal credit loan for a period of sixty (60) days
next following the date of default. If, during the period of sixty
(60) days the borrower shall pay to the lender the principal sum of
the loan, with the loan fee(s), and the interest due thereon to the
date of payment, the lender shall thereupon deliver possession of
the tangible personal property to the borrower. But if the borrower
fails, during the period of sixty (60) days to make payment, the title
to the tangible personal property shall, on the day following the
expiration of the period of sixty (60) days, pass to the lender without
foreclosure, and the right of redemption by the borrower shall be
forever barred.
2.
A pledgor shall have no obligation to redeem pledged goods or make
any payment on a pawn transaction.
3.
Except as otherwise provided herein, any person properly identifying
himself/herself and presenting a pawn ticket to the pawnbroker shall
be presumed to be entitled to redeem the pledged goods described therein.
4.
A pawnbroker shall not:
a.
Accept a pledge from a person who is under eighteen (18) years of
age;
b.
Make any agreement requiring the personal liability of a pledgor
in connection with a pawn transaction;
c.
Accept any waiver, in writing or otherwise, or any right or protection
accorded a pledgor under this Chapter or other law;
d.
Fail to exercise reasonable care to protect pledged goods from loss
or damage;
e.
Fail to return pledged goods to a pledgor upon payment of the full
amount due the pawnbroker on the pawn transaction. In the event such
pledged goods are lost or damaged as a result of a pawnbroker's negligence
while in the possession of the pawnbroker, it shall be the responsibility
of the pawnbroker to replace the lost or damaged goods with like kind
of merchandise. Lenders shall not be responsible for loss of pledged
articles due to acts of God, acts of war, or riots. Each lender shall
employ, if reasonably available in his/her area, a reputable company
for the purpose of fire and theft security;
f.
Purchase or take in trade used or secondhand personal property unless
a record is established that contains:
(1)
The name, address, physical description, and the driver's license
number, military identification number, identification certificate
number, or other official number capable of identifying the seller;
(2)
A complete description of the property, including the serial
number, if reasonably available, or other identifying characteristic;
and
(3)
A signed document from the seller providing that the seller
has the right to sell the property.
5.
A pawnbroker shall have no recourse when a customer has pledged goods
for the receipt of money except the pledged goods themselves, unless
the pledged goods are found to be stolen, embezzled, mortgaged or
otherwise pledged or encumbered. When a customer is officially notified
by a Peace Officer that the goods he/she pledged or sold to a pawnbroker
were stolen or embezzled, the customer shall be liable to repay the
pawnbroker the full amount the customer received from the pawn or
buy transaction.
E.
Pawnshop Not To Be Used As a Residence. No pawnbroker or
member of the pawnbroker's family, or employee, or any other person
shall be permitted to live in a pawnshop or in rooms connecting therewith.
F.
Hours Of Operation. No pawn shop shall be open for business
or receive as pawned, pledged, or purchased, or any condition whatsoever,
any article of personal property or other valuable thing between the
hours of 8:00 P.M. on any day and 7:00 A.M. on the following day.
G.
Notice Of Goods To Be Shipped Out Of The City. Every pawnbroker
shall give the Chief of Police notice of all pawned goods to be shipped
out of the City, which notice shall state the name of the pledgor
and the destination and date of shipment. Such goods shall not be
shipped for at least seven (7) days after delivery of the copy of
the register to the Chief of Police.
H.
Adequate Books And Records Required. Each licensee shall
keep, consistent with accepted accounting practices, adequate books
and records relating to the licensee's pawn transactions, which books
and records shall be preserved for a period of at least two (2) years
from the date of the last transaction received therein.
[R.O. 2012 §620.040; Ord. No. 368 §4, 11-10-1993]
The Director may issue such rules and regulations as he/she
deems necessary to implement this Chapter and the polices contained
herein.
