[HISTORY: Adopted by the Council of the City of Breckenridge 5-18-1987 by Ord. No. 402. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively given to them by this section:
- Any person engaged in the business of loaning money secured by deposit or pledge of personal property or who buys personal property on condition of selling the same or returning the same back at a stipulated price.
- SECONDHAND GOODS DEALER
- A person engaged in the business of buying secondhand goods of any kind, including but not limited to coins, gold, silver, jewelry, metals, guns and wrecked or dismantled motor vehicles or motor vehicles intended to be wrecked or dismantled, but not including used goods and merchandise taken as part or full payment for new goods and merchandise.
It shall be unlawful for any person or persons to act as a pawn shop, pawnbroker or secondhand goods dealer in the City of Breckenridge, whether personally, or by agent or employee, singly or along with some business or enterprise without first having obtained a license from the City of Breckenridge in accordance with the provisions of this chapter. A pawnbroker, pawnshop or secondhand goods dealer who operates more than one pawn shop within the City shall be required to have in effect a separate license for each separate location.
[Amended 5-7-2018 by Ord. No. 499]
An applicant for a license under this chapter shall file with the City Administrator or his/her designee of the City of Breckenridge a written application signed by the applicant, if an individual; by all partners, if a partnership; and by the president or chief officer, if a corporation or other organization, upon forms provided by the City Administrator or his/her designee, together with a fee as hereinafter prescribed. The application shall be sworn to by each of the individuals who sign the same before a notary public or other office authorized by law to administer oaths and shall include the following information or materials:
Name, residence address and telephone number of each individual owner, partner, if a partnership, by the president or chief officer, if a corporation or other organization.
Trade name and address of the business on behalf of which application is made and the telephone number.
Name, residence address and telephone number of each person employed or intended to be employed in the business as of the time the application is filed.
The exact address or location of the place where the business is or is proposed to be carried on.
Such other information as the City Council of the City of Breckenridge shall find reasonably necessary to effectuate the purposes of this chapter and to arrive at a fair determination whether the terms of this chapter have been complied with.
[Amended 5-7-2018 by Ord. No. 499]
Upon receipt of an application for a pawnbroker, pawn shop or secondhand goods dealer license as provided for herein, the City Administrator or his/her designeeshall furnish copies of the same to the City Council of the City of Breckenridge and the Chief of Police. Further, the Chief of Police shall cause an investigation to be made of the applicant's business responsibility and moral character. No license shall be issued unless the application is approved by a majority of the members of the City Council. The Chief of Police shall approve the application only if he or she finds that the applicant's business responsibility and moral character are satisfactory and all agents or officers of the applicant, if any, who will take part in the operation of such business are of good character and reputation and capable of operating the business in a manner consistent with the public health, safety and good morals.
[Amended 5-7-2018 by Ord. No. 499]
If any of the findings in the above investigation by the Chief of Police are unfavorable for the applicant, the City Administrator or his/her designee shall, within 30 days after the filing of the application, notify the applicant that the application is disapproved and that no license will be issued. Upon request, the City Administrator or his/her designee shall furnish the applicant with a brief written statement of the grounds upon which the application is disapproved. If the findings are favorable to the applicant, the City Administrator or his/her designee shall, within 30 days after the filing of said application, issue a pawnbroker, pawn shop or secondhand goods dealer license to the applicant upon payment of the fee prescribed by this chapter.
The annual fee to be paid for any license or renewal of licenses issued hereunder shall be as provided in Chapter 86, Fees.
No license issued under this chapter shall be transferable or assigned or used by any person or persons other that to whom it was issued. No license issued hereunder shall be used in any other location other than the one described in the application upon which the license was issued.
Unless provided by the City Council of the City of Breckenridge, any license or renewal of license issued hereunder shall be effective as to the date of its issuance and shall expire one year thereafter.
The premises where such business shall be conducted must meet the approval of the City Council, and such business shall not be removed to any other location without the approval of the City Council.
The City Council may specify special conditions, provisions and regulations which must be complied with by the licensee in the operation and conduct of the business, and any violation of the same shall be grounds for revocation of the license.
Every applicant for a license under this chapter shall accompany the application with a bond in the sum of $2,000, executed by a corporation authorized to do business in this state and conditioned that in conducting such business the licensee will, in all things, observe the conditions and provisions of this chapter. Such bond shall be for the benefit of the City or any persons who shall suffer any damage through the act of such pawnbroker or secondhand goods dealer.
Every person or persons engaged in the occupation of a pawnbroker or secondhand goods dealer shall make a record which shall be legibly written in ink or typewritten, in the English language, providing the following information about each article or thing pawned, pledged or purchased: the date and time of the receipt of the same; the name, residence and description (race, sex, height, weight, color of eyes, color of hair, date of birth and driver's license number) of the person pawning, pledging or selling the same if personally unknown to the pawnbroker or secondhand goods dealer; the amount of money loaned or paid therefor; the home and business phone of the person pawning the article; a complete description of the article being pawned or purchased; and any other information required by the Breckenridge Police Department. Each week the pawnbroker or secondhand goods dealer shall furnish to the Breckenridge Police Department a copy of the record made on each item placed in pawn or purchased that week.
[Amended 2-7-2002 by Ord. No. 440]
Every such pawnbroker or secondhand goods dealer, purchasing or receiving on deposit for a loan any article of personal property, shall give to the person selling or depositing such article of personal property, a plain written or printed ticket or receipt for the article of personal property so purchased or deposited, showing the terms of such sale or loan showing a complete description of the article sold or deposited.
It shall be unlawful and it shall be a violation of this chapter for any pawnbroker or secondhand goods dealer to purchase or receive on deposit or pledge anything of value as security for a loan of money from any person, male or female, under age, or from persons of unsound mind, or intoxicated persons.
Any person pledging an article shall have 30 days to redeem the same before the pledge becomes forfeitable.
Whenever the Chief of Police or any member of the police force designated by the Chief of Police shall notify any such dealer or dealers not to sell any property so received on deposit or purchased by them, or permit the same to be redeemed, such property shall not be sold or permitted to be redeemed until such time as may be determined by the Chief of Police or member of the police force designated by the Chief of Police so requiring them to be held.
From 9:00 p.m. Saturday to 7:00 a.m. Monday, no property shall be received as a pledge or purchase by any pawnbroker or secondhand goods dealer, nor on any other day before 7:00 a.m., nor on any day after 9:00 p.m., nor shall any property be sold from 9:00 p.m. Saturday to 7:00 a.m. Monday. Further, no pawnbroker or secondhand goods dealer shall be open for business of any kind on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
Any violation of this chapter shall be a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty. Further, upon any conviction on a violation of this chapter, said license may be suspended for up to 60 days or revoked by the Chief of Police after conviction of the violation of this chapter.