HomeMy WebLinkAbout0681 Pawnbrokers 2009^N
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 681
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AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER
5.05 PAWNBROKERS AND PAWNSHOPS TO INCLUDE SECONDHAND
PRECIOUS METALS DEALERS AND SECONDHAND STORES; PROVIDING
DEFINITIONS, REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING
FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE;
PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 5.05 NOT AMENDED
SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS
EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO.
Section 1. The following amendments to Chapter 5.5 are hereby adopted:
Chapter 5.05
PAWNBROKERS, 2V+B PAWNSHOPS, SECOND HAND PRECIOUS METALS
DEALERS AND SECOND HAND STORES
5.05.010: DEFINITIONS: �Amy person within the city of ehubbuck who loans money on deposit
: : : .. : .:
The following definitions apply to this Chapter:
"Garage sale" is a sale of new or used personal property, not more than three (3)
consecutive days in duration and conducted not more frequently than once every six (6) months
at the same location.
"Pawnbroker" is a person who engages in the business of lending or advancing money on
the securit�of personal property pledged or deposited in his or her possession.
"Precious metals" means gold, silver, platinum and their alloys.
"Secondhand goods" are articles of personal property, other than operable motor vehicles,
previously possessed and used by person other than their current possessor.
"Secondhand precious metals dealer" is a person who engages in the business of buying,
selling, exchanging or trading old or used precious metal or secondhand goods containing anX
precious metal. The following shall not be considered secondhand precious metals dealers:
W Persons who in the ordinary course of business buy or sell uncast precious
metals primarily for use in any manufacturing or photographic developing
process, jewelry manufacture or repair, or dental restoration or repair.
Q Persons who in the ordinary course of business accept or receive
goods in the same form as they existed at the time of their receipt.
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"Secondhand storekeeper" is a person who engages in the business of buyin ,, sing
exchanging or trading secondhandog ods: provided however the following shall not be
considered secondhand storekeepers:
a. Persons who sponsor or conduct garage sales:
b. Charitable donation centers with appropriate ex
C. Persons engaged exclusively in bu inng, selling, exchanging or trading used
clothing.
5.05.020: LICENSE REQUIRED: It shall be unlawful for any person to conduct or transact a
pawnbroker business or pawnshop, a secondhand storekeeper business or secondhand store or
secondhand precious metals dealer in the city without first having procured a city license therefor
as hereinafter provided.
5.05.040: ISSUANCE OF LICENSES: No such license under this chapter shall be issued to any
person, corporation, copartnership or association other than the real and actual proprietor of the
business for which it is issued.
5.05.045: LICENSE APPLICATION; CRIMINAL HISTORY CHECK: To determine the
suitability of prospective applicants fora license under this cha tomer, the chief of
police or the chief s designee shall require an applicant to provide information and fingerprints
necessary to obtain criminal history information from the Idaho state police and the federal
bureau of investigation. Pursuant to section 67-3008, Idaho Code, and congressional enactment
public law 92-544, the chief of police or the chiefs designee shall submit a set of fingerprints
obtained from the applicant and the required fees to the Idaho state police, bureau of criminal
identification, for a criminal records check of state and national databases. The submission of
fingerprints and information required by this section shall be on forms prescribed by the Idaho
state police. The chief of police or the chiefs designee is authorized to receive criminal history
information from the Idaho state police and from the federal bureau of investigation for the
purpose of evaluating the fitness of applicants for a pawnbroker's license. As required by state
and federal law, further dissemination or other use of the criminal history information is
prohibited.
5.05.050: RECOMMENDATION BY CHIEF OF POLICE: All applications for pawnbrokerae
licenses or renewals thereof under this chapter shall be presented to the city council at a regular
meeting thereof. No application shall be acted upon until a recommendation for or against the
application is received from the chief of police; provided that the city council shall not be bound
by the chief s recommendation.
5.05.060: BOND: The applicant shall file with the application, and in the event the license is
granted, shall maintain throughout the period of time the license is in existence or valid, a bond
running to the city, conditioned for the faithful observance of all provisions of this chapter
respecting pawnbrokers, during the continuance of such license, and any renewal thereof. This
bond shall be in the sum of ten thousand dollars ($10,000.00), with a qualified surety company.
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under this chapter shall not be transferable to any other person, except by a
majority vote of the city council, and the filing of an application and a new bond by the person to
whom such license is, or may be, transferred or assigned. It shall be unlawful for any person to
do business, or to attempt to do business, under a license transferred to him without such
approval of the city council.
5.05.090: POSTING: It shall be unlawful for any person to conduct or transact a pawnbroker
business as a pawnbroker, pawnshop, secondhand storekeeper, second hand store or secondhand
precious metals dealer in the city unless he shall keep posted in a conspicuous place in the place
of business, the license certificate therefor, .
5.05.100: FORFEITURE OF P : No goods, articles or things acquired or purchased by any
pawnbroker a licensee hereunder shall be sold or otherwise disposed of for a period of five (5)
working days after the same is so purchased. The Viler licensee shall retain in his
possession every pledge or pawn thirty (30) days after the sum loaned thereon becomes due, or
thirty (30) days after the last payment of interest, or part of the principal, whichever is greater.
After a loan is in default, the pawnbroker licensee may refuse to accept any payment less than the
entire principal and interest due.
5.05.110: PA TICKET TO BE FURNISHED: For each loan made by a licensee under this
chapter, the licensee Each pawnbi shall furnish to the pledger a printed receipt clearly
showing the amount loaned with a specific, detailed description of the pledged property pawned
or received, date of receipt thereof, time for redemption, and the name of the pledgee. The
reverse side of said receipt shall be marked in such a manner that the amounts of principal and
interest and any other charges paid by the person securing the loan can be clearly designated
thereon. Each payment shall be entered upon the reverse side of said receipt and shall designate
how much of the payment is being credited to principal, how much to interest, and how much to
any other charges, with the date of said payments shown thereon. The pawnbroker licensee shall
affix to each article or thing a tag upon which shall be inscribed a number of legible characters
which shall correspond to the number on the paten ticket and be entered in the book required to
be kept by the provisions of this chapter. The pawnbroker licensee shall furnish all information
required to be given to borrowers by state and federal law. The following information shall
appear in bold print on the front of each pawn ticket required to be given to the pledger:
WARNING
If you have borrowed money from a licensee under Chubbuck Municipal Code
Chapter 5.05and if you fail to make any payment when it is due, the paw licenseethirty
days later, may keep or sell any property you have deposited, and you will lose your rights to the
property.
5.05.120: ACCURATE RECORDS; TRANSACTION DETAILS REQUIRED;
LICENSEE RESPONSIBLE:
A. It shall be the duty of every pawnbroker licensee under this chapter doing business in
the city to maintain in his place of business a permanent electronic record, through software
compatible with the city's law enforcement record system, of all parties entering into transactions
regulated by this chapter and a complete description of the transactions. The pawnbroker licensee
shall be responsible for ensuring that each person entering into a transaction provides a current
driver's license or other identification card issued by any state, federal or local government which
includes a photograph in order to verify the person's identity. The information to be transmitted
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shall include:
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1. The nature and date of the transaction, and a number identifying it.
2. The store identification number assigned by the city and the name and/or
employee identification number of the person conducting the transaction
on behalf of the pawnbroker.
3. Name, date of birth, sex, height, weight, race, address and telephone
number of person with whom the transaction is made.
4. Type and identifying number of the personal identification used by the
person with whom the transaction was made.
5. Complete description of the property pledged, bought or consigned,
including as applicable: brand name, serial number, model number by
name, any initials or engravings or other identifying marks; size, pattern
and type of jewelry, including color and cut information of any stones;
type of firearm, its caliber, barrel length and type of action.
6. The complete street address of the place from which the property involved
in the transaction was last removed.
B. Every transaction shall be evidenced by a written document, signed by the person
entering into the transaction, and a copy shall be furnished to the pledger customer. The
document must contain, at a minimum, the date of the transaction, the term of the loan, the date
on which the loan is due and payable, and information that the pledger has the right to redeem the
pledge within ten (10) days after the expiration of the loan term. The signed original document
must be retained on file at the licensee's business address for at least orae three
years.
C. All paper and computer records of property received and transactions made shall be
open to, and made available for, inspection by the city's law enforcement personnel during the
pawnbroker's licensee's normal business hours.
D. All records required to be kept under this chapter shall be retained for not less than
three 3 years.
5.05.130: RECEIPT FOR PAYMENT TO BE FURNISHED: Upon redemption of any pledge,
the pawnbroker licensee shall furnish to the pledger at the time of redemption a written signed
receipt indicating the exact amount paid on principal and interest.
5.05.140: SEPARATE PAYR4 TICKET FOR EACH ITEM: Every pawnbroker licensee shall
prepare and deliver to the pledger at the time of the pledge, a separate pawn ticket for each and
every item pledged.
5.05.150: TRANSMITTAL OF DAILY REPORTS REQUIRED: Every pawnbroker licensee
doing business in the city shall maintain in his place of business a complete paper and electronic
record as described in this chapter of all transactions conducted either by him/herself or by his
employees or other staff. A record of each day's transactions shall be transmitted at the end of
each business day to the Chubbuck police department via electronic transfer or through such
other method as approved by the chief of police or the chiefs designee.
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5.05.155: STOLEN PROPERTY; NOTIFICATION; HOLDING PERIOD: If a pawnbroker
licensee has reasonable cause to believe that any property received in the course of his business is
property that may have been lost or stolen, the pawnbroker licensee shall immediately report that
fact in writing to the Chubbuck police department, together with the name of the owner, if
known, the date of the transaction and the name of the party from whom the property was
received. The Chubbuck police department shall regularly review the records provided by
pawnbrokers licensees and provide notice to any pawnbroker licensee whose records show
property which appears to be stolen.
A. Notice To Hold Property: If a pawnbroker licensee receives written or verbal
notification from the Chubbuck police department that an item of property has
been reported stolen, and the pawnbroker licensee has such item in his licensee's
possession, the pawnbroker licensee shall hold that property separate, intact and
safe from alteration, damage or commingling with the other property, and shall
place an identifying tag or other clearly legible identification on the property.
B. PreliminaryNerbal Ten Day Hold: Following receipt of verbal notification by a
member of the Chubbuck police department that an item in his licensee's
possession might be stolen property, the pawnbroker licensee shall hold the
property for a period of ten (10) working days, pending written confirmation from
the police department. If a written hold notice is not received within the said ten
(10) days, the preliminary hold order shall expire and the pawnbroker licensee
shall have no further duty to hold the property.
C. Written Notice/Sixty Day Hold: Following receipt of a written notice that an item
of property has been stolen, the pawnbroker licensee shall hold the property for
sixty (60) days from the date of notification of the stolen status, unless earlier
released in writing by the Chubbuck police department or by written order of a
court of competent jurisdiction. Provided, however, that the item must be
surrendered promptly to said police department upon its request. Ten (10) days
prior to the expiration of the sixty (60) day holding period, the pawnbroker
licensee shall send a written notice to the police department of the impending
release date to request approval for release. If the pawnbroker licensee fails to
provide the notice, the property shall be held for an additional sixty (60) day
period. The Chubbuck police department shall respond promptly to the request, in
writing, either to state that no further hold is required or to require an additional
holding period.
5.05.156: RELEASE OF HELD PROPERTY:
A. The police department shall provide written notice as soon as practical to a
pawnbroker licensee to release any hold placed on an item suspected of being
stolen if it has been determined that the item was not stolen or lost.
B. Whenever property that is being held by a pawnbroker licensee pursuant to the
provisions above is required for criminal investigation or criminal proceedings,
the Chubbuck police department shall provide twenty four (24) hours' notice to
the pawnbroker licensee who shall produce the property promptly and release it to
the department. The Chubbuck police department shall provide a receipt for the
property containing a description of the property, the reason for the seizure, the
criminal case number, if applicable, the name of the pawnbroker licensee and the
name of the representative of the police department who accepted possession. The
police department shall retain the property pending an order for its disposition
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from a court of competent jurisdiction.
5.05.160: PERSONS FROM WHOM PAWN MAY NOT BE TAKEN: It shall be unlawful for
any pawnbroker licensee or his licensee's employee knowingly or without reasonable inquiry to
receive any goods or things in pawn, pledge or fbr resale purchase, acquire, accept or receive in
the ordinary course of business and for the purpose of resale or other conveyance any precious
metals or personal property from aLy person who is intoxicated, under the influence of drugs,
insane or under the age of eighteen (18) years.
5.05.170: NO EMPLOYEES UNDER EIGHTEEN YEARS OF AGE: It shall be unlawful for
any pawnbroker licensee to employ any person under the age of eighteen (18) years to receive
any pledge, trade, or make any loan.
5.05.180: ACTS OF EMPLOYEES: The holder of a license under this chapter
shall be responsible for any and all acts of his licensee's agents or employees, and for any
violation by them of the provisions of this chapter.
5.05.190: SAFEKEEPING OF PLEDGES: Every pawnbroker licensee licensed under the
provisions hereof shall provide a safe place for the keeping of all goods or things received and
pawned, pledged or for resale and shall have sufficient insurance on such goods or things, for the
benefit of pledgers, in case of destruction by fire, malicious mischief, vandalism and with
extended coverage.
5.05.200: EMPLOYEE REGISTRATION: Every employee of a pawnshop, a secondhand store
or secondhand precious metals dealer shall register his name and address with the police
department of the city and shall have had his thumbprints, fingerprints and photograph taken and
filed with the police department of the city and receive a certificate showing compliance
therewith. For the purpose of this section, an "employee of a pawnshop, a secondhand store or
secondhand precious metals dealer " shall include all persons working in a pawnbrok the shop
and any owner, stockholder, if the owner is a corporation, partner or any other person who
receives income in any manner from the operation of said pawnshop business.
5.05.210: REVOCATION OF LICENSE: The city council, upon notice and opportunity for
hearing, may revoke any license issued under this chapter for violation(s) of the
provisions of this chapter.
5.05.220: LOCATION: No pawnbroker's, secondhand store keeper's or secondhand precious
metals dealer's license shall be issued in any location in which such business is not permitted by
the ordinances of the city.
5.05.240: PAWTfflROKE LICENSEE RESPONSIBLE FOR COMPLIANCE: The holder of
any license issued under this chapter is responsible for
compliance with the provisions of this chapter, and their license shall be subject to revocation or
denial of renewal for any and all acts of his licensee's employees or other staff in violation of this
chapter.
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ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict. All other sections of Chapter 05.05 not
herein amended shall remain in effect.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this 8th day of DECEMBER , 2009.
ATTEST: '
Ron Conlin, City Clerk
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SUMMARY OF ORDINANCE NO. 681
An ordinance of the City of Chubbuck, a Municipal Corporation of the State of Idaho,
amending Chapter 5.05 pawnbroker and pawnshops to include secondhand precious metal
dealers and secondhand stores; providing definitions; providing for the repeal of conflicting
ordinances; providing that all other provisions of Chapter 5.05 not amended shall remain in
effect; providing for the severability of the provisions of this ordinance; providing that this
ordinance shall be in effect after its passage, approval and publication.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 681 and that the summary provides adequate notice to the public of
the contents of this ordinance.
q Y
DATED this / day of - 2009.
Thomas J`. Holmes, City
SUMMARY OF ORDINANCE NO-- PaDe 1
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