[Adopted by Ord. No. 82-71]
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
MONTH
That period of time from one date in a calendar month to the corresponding date in the following calendar month and, if computations are made for a fraction of a month, a day shall be one-thirtieth of one month.
PAWNBROKER
A person engaged in the business of making pawn transactions.
PAWN FINANCE CHARGE
The sum of all charges, payable directly or indirectly by the customer and imposed directly or indirectly by the pawnbroker as an incident to the pawn transaction.
PAWNSHOP
The location at which or premises in which a pawnbroker regularly conducts business.
PAWN TRANSACTION
The act of lending money on the security of pledged goods or the act of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed period of time.
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 in the course of his business in connection with a pawn transaction.
REDEMPTION PERIOD
That period of time from transaction date to maturity date of a pawn transaction.
A. 
Every pawnbroker shall keep at his place of business an accurate detailed description of all personal property, bonds, notes and other securities received or purchased and mentioning particularly any descriptive or identifying marks that may be on such property, bonds, notes and other description of the person by whom they were left. Such entries must be made on the date such property is taken in, using ink or indelible pencil, and no entry shall be erased and shall be made upon record sheets approved by the Evanston Police Department and which shall be transmitted on a weekly basis to the Police Department in a manner and form approved by the Police Department.
[Amended 8-18-2009 by Ord. No. 09-04]
B. 
Persons subject to this article shall file notification with the administrator of the Wyoming Uniform Consumer Credit Code and pay fees, pursuant to the provisions of article 6, part 2, of the Code.
C. 
All books and records shall be kept in accordance with accepted accounting practices and such records shall be preserved or made available in this state for a period of four years from date of the transaction, or two years from final entry made thereon, whichever is later.
A. 
No pawnbroker may contract for, charge or receive an amount as a charge in connection with a pawn transaction other than a pawn finance charge, and except as otherwise provided in subsections B and C of this section, no pawn finance charge shall exceed an amount equal to:
(1) 
Twenty percent per month on that part of the unpaid balances of principal which is two hundred dollars or less;
(2) 
Ten percent per month on that part of the unpaid balances of principal which is more than two hundred dollars but does not exceed four hundred dollars;
(3) 
Five percent per month on that part of the unpaid balances of principal which is more than four hundred dollars but does not exceed one thousand dollars; and
(4) 
One and one-half percent per month on that part of the unpaid balances of principal which exceeds one thousand dollars.
B. 
A pawnbroker may contract for and receive a minimum pawn finance charge of not more than five dollars where the amount financed does not exceed seventy-five dollars, or not more than seven dollars and fifty cents on amounts financed which exceed seventy-five dollars. Minimum charges authorized by this subsection are in lieu of earned pawn finance charges.
C. 
Except in the case where a minimum charge is contracted for, pursuant to subsection B of this section, not more than one-half of the pawn finance charge for the two-month maturity period may be considered to be earned at the time the transaction is entered into and is not subject to refund in the event of prepayment. Following expiration of the first month from transaction date, and upon entering the second month of the transaction, the second month's charge accrues and may be considered to be earned at that time.
D. 
At all times there shall be on display in plain sight a fourteen inch by twenty inch poster setting forth the interest rates and charges being made by the pawnbroker pursuant to this section.
A. 
Information to be disclosed shall be made pursuant to applicable provisions of Federal Reserve Regulation Z of the Truth in Lending Act and the Wyoming Uniform Consumer Credit Code.
B. 
A pawnbroker shall not engage in false or misleading advertising concerning the terms or conditions of credit with respect to a pawn transaction. Advertising which complies with the Federal Consumer Credit Protection Act does not violate this subsection.
A. 
Even though a pawn transaction subject to this article creates a debtor-creditor relationship, no pawnbroker shall make any agreement requiring personal liability to a customer in connection with a pawn transaction and no customer has an obligation to redeem pledged goods or make any payment on a pawn transaction. The only recourse of a pawnbroker where the customer has pledged goods is to the pledged goods themselves.
B. 
A pawnbroker shall not permit a customer to enter into a pawn transaction in which the redemption period is more or less than two months from transaction date.
No pawnbroker shall:
A. 
Divide or separate a pawn transaction into two or more transactions for the purpose or with the effect of obtaining a total pawn finance charge exceeding that authorized by this article;
B. 
Accept a pledge from anyone under the age of majority;
[Amended 8-18-2009 by Ord. No. 09-04]
C. 
Accept any waiver, in writing or otherwise, or any right or protection afforded a customer under this article;
D. 
Fail to exercise reasonable care to protect pledged goods from loss or damage;
E. 
Fail to return pledged goods to a customer upon payment of the full amount due the pawnbroker on the pawn transaction; or
F. 
Make any charge for insurance in connection with a pawn transaction.
A. 
Any person who violates any provision of this article, including engaging in the business of operating a pawnshop without first securing the licenses prescribed under section 11-42 is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 1-5 as amended, of this Code.
B. 
In addition to the penalties prescribed in subsection A of this section, if any person engages in the business of operating a pawnshop without first securing the licenses prescribed in section 11-42, or if any pawnbroker contracts for, charges or receives a pawn finance charge in excess of that authorized by this article, the pawn transaction shall be void and the customer is not obligated to pay either the amount financed or the pawn finance charge in connection with the transaction. Upon the customer's demand, the pawnbroker is obligated to return to the customer, as a refund, all amounts paid in connection with the transaction by the customer and the pledged goods delivered to the pawnbroker in connection with the pawn transaction or their value if the goods cannot be returned. If a customer is entitled to a refund under this section and a pawnbroker liable to the customer refuses to make a refund within a reasonable time after demand the customer shall have an action against the pawnbroker and in the case of a successful action to enforce such liability, the costs of this action, together with the attorney's fees as determined by the court, shall be awarded the customer.
C. 
A pawnbroker who fails to disclose information to a customer entitled to information required to be given, pursuant to section 11-38, is liable to that person in an amount equal to the sum of:
(1) 
Twice the amount of the pawn finance charge in connection with the transaction; or
(2) 
Two hundred dollars, whichever is greater; and
(3) 
In the case of a successful action to enforce the liability under this subsection the cost of the action, together with reasonable attorney's fees as determined by the court.
A. 
No person shall at any time carry on the business of a pawnbroker without making application for and obtaining a City license therefor and paying in advance the annual license fee as required by section 11-4 class L.
B. 
Unless a person has first obtained a license from the administrator of the Wyoming Uniform Consumer Credit Code, authorizing him to engage in business of making supervised loans (section 40-14-341 (a) Wyoming Statutes, 1977, he shall not engage in business as a pawnbroker.