[R.O. 2013 §605.280; Ord. No. 1775 §§1 — 2, 1-5-2009]
This Article shall be known as the "Pawnshop and Small Loan
Establishment Regulations" and may be cited as such.
[R.O. 2013 §605.290; Ord. No. 1775 §§1 — 2, 1-5-2009]
A.
The
intent of this Article is to regulate pawnshops and small loan establishments
and their business practices in order to protect and promote public
safety and welfare. This will be accomplished by:
1.
Requiring a clean, healthy and safe environment in which business
may be conducted.
2.
Promoting professionalism and prohibiting illegal acts.
3.
Requiring insurance coverage.
4.
Enabling authorities to collect information that will assist law
enforcement officials with investigations.
5.
Providing an annual license fee to partially cover the expenses associated
with the background investigation and review and processing of reports.
6.
Providing geographic limitations designed to preserve the value of
the property throughout the City.
7.
Providing geographic limitations designed to protect the character
of residential and commercial areas.
[R.O. 2013 §605.300; Ord. No. 1775 §§1 — 2, 1-5-2009]
Every pawnshop and small loan establishment shall conform to
the requirements of this Article, irrespective of when such pawnshop
or small loan establishment started business within the City limits
unless otherwise allowed for in these regulations.
[R.O. 2013 §605.320; Ord. No. 1775 §§1 — 2, 1-5-2009]
For the purpose of this Article, the following words and phrases
shall have the following interpretation and/or meanings:
Those who sell relics or objects of an earlier period which
are considered valuable and the value of which is based at least in
part on age.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of a pawnshop.
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 the 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 conducts
business.
Any individual, partnership, corporation, joint venture,
trust association or any other legal entity however organized.
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 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.
The location at which or premises in which secured personal
credit loans are granted.
The fair market 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 Article,
shall not be determined by the cost of the article as paid by the
dealer.
[R.O. 2013 §605.330; Ord. No. 1775 §§1 — 2, 1-5-2009]
A.
It
shall be unlawful for any person within the City limits to act as
agent for, cause the solicitation of, advertise or promote or participate
directly or indirectly in the operation of a pawnshop or small loan
establishment without first obtaining a business license issued by
the City. No such license shall be issued unless the pawnshop, small
loan establishment or any person engaged in the activity of such establishment
fully complies with the provisions of this Article, regardless of
the location of such establishment or place where such activity is
conducted.
B.
It
shall be further unlawful for any person within the City limits to
participate directly or indirectly in or for the operation of business
activity under a different name or designation than those herein specified
for the purpose of carrying out activity or activities defined in
this Article.
[R.O. 2013 §605.340; Ord. No. 1775 §§1 — 2, 1-5-2009]
A.
No
person shall establish a pawnshop or small loan establishment within
the City limits of Valley Park, Missouri, without obtaining a pawnshop/small
loan establishment license. The annual pawnshop or small loan establishment
license fee shall be five hundred dollars ($500.00) per year.
B.
The
applicant must have net assets of at least fifty thousand dollars
($50,000.00) readily available for the use in conducting business
as a pawnshop or small loan establishment. If the City is unable to
verify that the applicant meets the net assets required, the applicant
must present 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 the applicant
meets the net assets requirement of this Article.
C.
No
pawnshop or small loan establishment business owner may have a felony
or misdemeanor conviction which directly relates to the duties and
responsibilities of the occupation of pawnbrokers or otherwise makes
the applicant presently unfit to own a pawnshop or small loan establishment.
A Missouri State Highway Patrol Request for Criminal Record Check
form shall be filled out by the applicant in its entirety and submitted
to the City with the application material.
D.
No
employee of a pawnshop or small loan establishment may have a felony
or misdemeanor conviction which directly relates to the duties and
responsibilities of the occupation or otherwise makes the applicant
presently unfit to run or be employed in a pawnshop or small loan
establishment. A Missouri State Highway Patrol Request for Criminal
Record Check form shall be filled out by the applicant in its entirety
and submitted to the City prior to employment.
E.
Each
applicant for a pawnshop license at the time of filing application
shall file with the City of Valley Park a bond satisfactory to it
and in the amount of 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
to 367.060, RSMo. Such bond shall be conditioned that the obligor
will comply with the provisions of Section 367.011 to 367.060, RSMo.,
and of all rules and regulations lawfully made by the City of Valley
Park 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 to 367.060, RSMo., during the
time such bond is in effect.
F.
If
the City of Valley Park is unable to verify that the applicant meets
the net assets requirement for a licensed pawnshop, the City of Valley
Park 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.
G.
Each
applicant shall provide proof of general liability insurance coverage
in a minimum amount of five hundred thousand dollars ($500,000.00)
per person and one million dollars ($1,000,000.00) per occurrence
and must provide notice to the Police Detail Commander within ten
(10) days if the policy is canceled. Said policy must be in force
throughout the term of the business license.
[R.O. 2013 §605.350; Ord. No. 1775 §§1 — 2, 1-5-2009]
A.
It
shall be unlawful for any person, other than an owner, who works as
a manager at a pawnshop to do so without having first obtained from
the City a manager permit, to be designated as a "pawnshop dealer
manager's permit", or to work as a manager at such business after
such person's manager's permit has been revoked, or while such person's
permit is suspended.
B.
All
applications for a pawnshop manager's permit (manager's permit) shall
be signed by the applicant and be notarized. All applications shall
be submitted on a form supplied by the City and shall require the
following information:
1.
The applicant's name, home address, home telephone number, date and
place of birth and Social Security number;
2.
The name and address of the business at which the applicant intends
to work as a manager and an "intent to hire" statement from the business
that is licensed, or that has applied for a license, under the provisions
of this Article;
3.
A statement from the applicant that he/she is a person of good moral
character and that the applicant has not been convicted of any felony,
misdemeanor or municipal ordinance which makes the applicant presently
unfit for a pawnshop dealer manager's permit; and
4.
Any other information deemed relevant by the City for the efficient
administration of this provision.
C.
Pawnshop
dealer manager's permits shall be valid for a period of three (3)
years from the date of issuance. A fee of fifteen dollars ($15.00)
shall be payable at the time the application for the permit or renewal
is submitted for approval. Renewals shall be made in the same manner
as provided for above.
D.
Failure
to provide information required by this Section shall constitute an
incomplete application and the incomplete application shall not be
processed.
[R.O. 2013 §605.360; Ord. No. 1775 §§1 — 2, 1-5-2009]
A.
A pawnshop
dealer manager permit holder or owner shall be on duty at a pawnshop
at all times the pawnshop is open for business. The names of the manager
or owner on duty shall be prominently posted during business hours.
B.
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.
A.
At
the time of making any 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:
1.
The name and address of the pawnshop;
2.
The name and address of the pledgor, the pledgor's description, 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
serial numbers if reasonably available;
5.
The amount of cash advanced or credit extended to the pledgor;
6.
The amount of the pawn service charge;
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; and
9.
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 days after the specified maturity date.
B.
The pawnbroker is required to furnish appropriate law enforcement authorities with copies of information contained in Subdivisions (1) to (4) of Subsection (A) of this Section and information contained in Subdivision (6) of Subsection 4 of Section 367.040, RSMo. The pawnbroker may satisfy such requirements by transmitting such information electronically to a database in accordance with this Section, except that paper copies shall be made available for an on-site inspection upon request of any appropriate law enforcement authority.
C.
DATABASE
PERMITTED USER
REPORTABLE DATA
REPORTING PAWNBROKER
SEARCH
As
used in this Section, the following terms mean:
A computer database established and maintained by a third
party engaged in the business of establishing and maintaining one
or more databases.
Persons authorized by law enforcement personnel to access
the database.
The information required to be recorded by pawnbrokers for pawn transactions pursuant to Subdivisions (1) to (4) of Subsection (A) of this Section and the information required to be recorded by pawnbrokers for purchase transactions pursuant to Subdivision (6) of Subsection 4 of Section 367.040, RSMo.
A pawnbroker who chooses to transmit reportable data electronically
to the database.
The accessing of a single database record.
D.
The database shall provide appropriate law enforcement officials with the information contained in Subdivisions (1) to (4) of Subsection (A) of this Section and other useful information to facilitate the investigation of alleged property crimes while protecting the privacy rights of pawnbrokers and pawnshop customers with regard to their transactions.
E.
The
database shall contain the pawn and purchase transaction information
recorded by reporting pawnbrokers pursuant to this Section and Section
367.040, RSMo. and shall be updated as requested. The database shall
also contain such security features and protections as may be necessary
to ensure that the reportable data maintained in the database can
only be accessed by permitted users in accordance with the provisions
of this Section.
F.
The
third party's charge for the database shall be based on the number
of permitted users. Law enforcement agencies shall be charged directly
for access to the database, and the charge shall be reasonable in
relation to the costs of the third party in establishing and maintaining
the database. No reporting pawnbroker or customer of a reporting pawnbroker
shall be charged any costs for the creation or utilization of the
database.
G.
Information Availability.
1.
The information in the database shall only be accessible through
the internet to permitted users who have provided a secure identification
or access code to the database but shall allow such permitted users
to access database information from any jurisdiction transmitting
such information to that database. Such permitted users shall provide
the database with an identifier number of a criminal action for which
the identity of the pawn or purchase transaction customer is needed
and a representation that the information is connected to an inquiry
or to the investigation of a complaint or alleged crime involving
goods delivered by that customer in that transaction. The database
shall record, for each search, the identity of the permitted user,
the pawn or purchase transaction involved in the search, and the identity
of any customer accessed through the search. Each search record shall
be made available to other permitted users regardless of their jurisdiction.
The database shall enable reporting pawnbrokers to transmit to the
database through the internet reportable data for each pawn and purchase
transaction.
2.
Any person who gains access to information in the database through
fraud or false pretenses shall be guilty of a felony.
H.
Any
pawnbroker licensed under this Chapter or Section 367.043, RSMo. shall
meet the following requirements:
1.
Provide all reportable data to appropriate users by transmitting
it through the internet to the database;
2.
Transmit all reportable data for one business day to the database
prior to the end of the following business day;
3.
Make available for on-site inspection to any appropriate law enforcement
official, upon request, paper copies of any pawn or purchase transaction
documents.
I.
If
a reporting pawnbroker or permitted user discovers any error in the
reportable data, notice of such error shall be given to the database,
which shall have a period of thirty days in which to correct the error.
Any reporting pawnbroker experiencing a computer malfunction preventing
the transmission of reportable data or receipt of search requests
shall be allowed a period of at least thirty (30) but no more than
sixty (60) days to repair such malfunction, and during such period
such pawnbroker shall not be deemed to be in violation of this Section
if good faith efforts are made to correct the malfunction. During
the periods specified in this Subsection, the reporting pawnbroker
and permitted user shall arrange an alternative method or methods
by which the reportable data shall be made available.
J.
No
reporting pawnbroker shall be obligated to incur any cost, other than
internet service costs, in preparing, converting, or delivering its
reportable data to the database.
K.
If
the 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 of State pursuant to Section
486.205, RSMo., to perform notarial acts in this State.
[R.O. 2013 §605.390; Ord. No. 1775 §§1 — 2, 1-5-2009]
It shall be the duty of every pawnshop and small loan establishment
to make out and deliver to the Valley Park Police Detail, on the first
(1st) Tuesday of every week, a legible and accurate copy of their
register of all property received, deposited or purchased during the
previous week. Furthermore, the register shall at all times be open
to the inspection of commissioned Police Officers. In lieu of a physical
delivery of the register, enrollment and participation in the St.
Louis County computer database reporting system, as directed by the
Commander, Valley Park Police Detail, may be utilized.
[R.O. 2013 §605.400; Ord. No. 1775 §§1 — 2, 1-5-2009]
No pawnshop or small loan establishment shall take, buy or receive
any personal property from any person under the age of eighteen (18)
years without the written consent of such individual's parents or
legal guardians. Said written consent shall be kept on file with the
books and records.
[R.O. 2013 §605.410; Ord. No. 1775 §§1 — 2, 1-5-2009]
No licensed pawnbroker or any other person acting for a pawnbroker
or his/her agent, employee or solicitor for any pawnbroker under the
provisions herein shall receive as security, pledge or pawn or purchase,
sell or loan any kind of firearm, revolver, pistol, rifle, bowie knife,
a spring-back knife, razor, metal knucks, a billy, a sword cane, a
dirk, a dagger or similar weapon.
[R.O. 2013 §605.420; Ord. No. 1775 §§1 — 2, 1-5-2009]
Business shall only be conducted between the hours of 7:00 A.M.
and 9:00 P.M.
[R.O. 2013 §605.430; Ord. No. 1775 §§1 — 2, 1-5-2009]
A.
The
following special conditions and regulations shall apply to pawnshop
or small loan establishments to protect the character of residential
and commercial areas and preserve the value of the property throughout
the City.
1.
A pawnshop or small loan establishment shall not be established or
expanded within seven hundred fifty (750) feet of the property line
of a church, school or public park or within seven hundred fifty (750)
feet of the boundary line of a residential zoning district.
2.
A pawnshop or small loan establishment shall not be established or
expanded within one thousand (1,000) feet of any other pawnshop or
small loan establishment.
3.
A pawnshop or small loan establishment shall only be allowed in appropriate
zoning districts as defined by the Valley Park zoning ordinance.
4.
A pawnshop or small loan establishment shall only be allowed with
a special use permit.
[R.O. 2013 §605.440; Ord. No. 1775 §§1 — 2, 1-5-2009]
A.
The
provisions of this Article shall not apply to the following:
1.
Transactions between one licensed, established dealer in the normal
course of business and another licensed, established dealer.
2.
Any precious metal or gem dealer, at least ninety percent (90%) of
whose gross income is derived from the sale of newly-manufactured
merchandise and who certifies this to the Director of the Department
of Finance upon the enactment of this Article and thereafter whenever
a retail business license shall be obtained or renewed.
3.
Estates purchased through banks, attorneys or at an auction or estate
sale.
4.
Out-of-state purchases transacted through the United States mail.
5.
Industrial residue or by-products purchased from manufacturing firms.
6.
Coins which are not currently in circulation, purchased for their
numismatic value.
7.
Monetized bullion including Krugerrands, Canadian Maple Leaf, Mexican
five hundred (500) Pesos and United States silver and gold coins.
8.
Antique dealers.
[R.O. 2013 §605.450; Ord. No. 1775 §§1 — 2, 1-5-2009]
A.
Any person who violates the provisions of this Article shall be guilty upon conviction of a municipal offense and, shall be punished by a fine or by imprisonment or both as set forth in Section 100.220 of this Code. In addition, any violation of this Article shall be grounds for the Board of Aldermen to revoke any or all licenses or permits issued by the City.
B.
Each
violation of this Article shall be considered a separate offense and
any violation continuing more than one (1) day shall be considered
a separate offense for each day of violation.
C.
The
conduct of any business within the City in violation of any of the
terms of this Article is hereby found and declared to be a public
nuisance and the City Attorney may, in addition to or in lieu of prosecuting
a criminal action hereunder, commence an action or proceeding for
the abatement, removal and enjoinment thereof in the manner provided
by law and shall take other steps and shall apply to such courts as
may have jurisdiction to grant such relief as will abate or remove
such pawnshop or small loan establishment and restrain and enjoin
any person from conducting, operating or maintaining a pawnshop or
small loan establishment contrary to the provisions of this Chapter.
[R.O. 2013 §605.460; Ord. No. 1775 §§1 — 2, 1-5-2009]
If any pawnshop, small loan establishment or employee of such
business violates any of the provisions of this Article or Chapter
367, RSMo., and is finally convicted in any court of the City or State,
he/she may have their pawnshop/small loan establishment license suspended
or revoked by the Board of Aldermen after a hearing. Fourteen (14)
days' written notice of the hearing stating the grounds thereof shall
be delivered at their place of business or by leaving or posting said
notice at said address. The pawnshop or small loan establishment shall
have the right at the hearing to be represented by an attorney, to
cross-examine witnesses, to present evidence and to testify on their
own behalf. The hearing shall be held in public at a regular or special
meeting of the Board of Aldermen. If suspension or revocation of the
license occurs, no license fee shall be refunded.
