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0231 Regulation of Pawn Shops 1981ORDINANCE NO. 231 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING A NEW CHAPTER 5.05 OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR THE REGULATION AND LICENSING OF PAWNBROKERS OR PAWNSHOPS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING WHEN THIS ORDINANCE SHALL BECO~J~ EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Regulation and Licensing of Pawnbrokers and Pawnshops. Title 5 of the Chubbuck Municipal Code is hereby amended by enacting a new Chapter 5.05, to read as follows: 5.05.010. Definition. Any person within the City of Chubbuck who loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledgor or depositorj or who loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property into his possession is hereby declared to be a pawnbroker. 5.05.020. License Required. It shall be unlawful for any person to conduct or transact a pawnbroker business or pawnshop in the City of Chubbuck without first having procured a city license therefore as hereinafter provided. 5.05.030. Application for License. The application shall state the name of the person, and in case of a firm or corporation, the names of all of the partners in such firm, or of the directors, officers and stockholders of such corporation; also the place, street and number where such business is to be carried on, and shall specify the amount of capital proposed to be used by the applicant in such business. At the time of filing such petition, the applicant shall deposit an amount of money equal to one year's charge for the license applied for. This sum of money shall be refunded to the applicant, upon demand, in case the license petitioned for shall not be granted. The license fee for said license, separate from and in addition to a business license fee otherwise required by this Code, shall be $150.00 per year, or portion thereof. 5.05.040. Issuance of Licenses. No such license shall be issued to any person, corporation, co-partnership, or association other than the real and actual proprietor of the business and the place of business for which it is issued. 5.05.050. Investigation by Chief of Police. Ail applications for pawnbroker's licenses or renewals thereof 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 ordinance respecting pawnbrokers, during the continuance of such license, and any renewal thereof. This bond shall be in the sum of ten thousand dollars, with a qualified surety company. 5.05.070. License Requirements. The license issued under this ordinance shall state the name of the person to whom issued, the place of business and street number where such business is located and the amount of capital employed. Such license shall entitle the person receiving it only to do business at the place designated in such license. 5.05.080. Nonuse and Transfer of License. If a pawnbroker does not conduct said business for a Period of ninety days, the license shall be null and void. Pawnbroker's licenses 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 ot 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 in the city unless he shall keep posted in a conspicuous place in the place of business the license certificate therefor, and a copy of all ordinances relating to pawnbrokers. 5.05.100. Forfeiture of Pawn. No goods, articles or things acquired or purchased by any pawnbroker shall be sold or otherwise disposed of for a period of five (5) working days after the same is so purchased. The pawnbroker 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 may refuse to accept any payment less than the entire principal and interest due. 5.05.110. Pawn Ticket to be Furnished. Each pawnbroker shall furnish to the pledgor 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 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 pawn ticket and be entered in the book required to be kept by the provisions of this chapter. The pawnbroker 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 the pledgor: WARNING If you have borrowed money from the pawnbroker, and if you fail to make any payment when it is due, the pawnbroker 30 days later may keep or sell any property you have deposited, and you will lose your rights to the property. 5.05.120. Pawnbroker to Keep Detailed Records and Provide Chief of Police with Copy. Every pawnbroker shall make an accurate record typed or legibly printed in ink in the English language at the time of taking any personal property of any kind into custody or possession, whether as security for a loan or received or purchased for resale, which shall provide an accurate description of the property and the person from whom it was received. All such descriptions ofproperty shall include, whenever possible, the brand name, model, and serial number and all such descriptions of persons shall include the last, first, and middle name, the current address, the date of birth, the height, the weight, and either the social security number, driver's license number or motor vehicle license plate number of the person described. Ail such records shall be made in duplicate and on forms approved by the chief of police and the duplicate copy shall be furnished to any City of Chubbuck police officer upon request of such officer. No entry on such record shall be altered, erased, obliterated, or defaced, and all property described in the record shall be open to the inspection of any City of Chubbuck police officer during reasonable hours. 5.05.130. Receipt for Payment to be Furnished. Upon redemption of any pledge, the pawnbroker shall furnish to the pledgor at the time of redemption a written signed receipt indicating the exact amount paid on principal and interest. 5.05.140. Separate Pawn Ticket for Each Item. Every pawnbroker shall' prepare and deliver to the pledgor at the time of the pledge a separate pawn ticket for each and every item pledged. 5.05.150. Report Furnished Chief of Police. It shall be unlawful for any pawnbroker to fail to deliver to the chief of police once each week and at other times when requested by said officer a legible, complete and accurate copy of the record required to be kept by pawnbrokers pursuant to section 9.05.120 of this Chapter. 5.05.160. Persons from Whom Pawn May Not be Taken. It shall be unlawful for any pawnbroker, or his employee knowingly or without reasonable inquiry to receive any goods or things in pawn, pledge or for resale from a person who is intoxicated, under the influence of drugs, insane or under the age of eighteen years. 5.05.170. No Employees Under Eighteen Years of Age. It shall be unlawful for any pawnbroker to employ any person under the age of eighteen years to receive any pledge or make any loan. 5.05.180. Acts of ~mployees. The holder of a pawnbrokers license shall be responszble for any and all acts of his agents or employees, and for any violation by them of the provisions of this Chapter. 5.05.190. Safekeeping of Pledges. Every pawnbroker licensed under the provisions hereof Shall provide a safe place for the keeping of all goods or things received in pawn, pledge or for resale and shall have sufficient insurance on the property held on such goods or things, for the benefit of pledgors, in case of destruction by fire or other hazard. 5.05.200. Empl?yee Registration. Every employee of a pawnshop shall regzster hzs name and address with the police department of the city and shall have had his thumb- prints, 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 shall include all persons working in a pawnbroker's 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. 5.05.210. Revocation of License. The city council, upon notice and opportunity for hearing, may revoke any pawnbroker's license for violation(s) of the provisions of this Chapter. 5.05.220. Location. No pawnbroker's license shall be issued in any location in which such business is not permitted by the ordinances of the city. 5.05.230. Penalty. Any person, firm or corporation violating any provision of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed three hundred dollars ($300.00) or be imprisoned in the County jail for a period not exceeding thirty (30) days or be both so fined and imprisoned. Each day that such violation occurs or continues shall be deemed a separate offense. Section 2. Repeal. Ail prior ordinances or provisions thereof which conflict with this ordinance are hereby repealed to the extent of such conflict. Section 3. Severability. If any section or provision of this ordinance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining sections or provisions. Section 4. Effective Date. The rule requiring ordinances to be read on three separate days is hereby dispensed with, and this ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR of the City of Chubbuck, Idaho, this ~Zl day of ~c~z~J 198!. Attest: City Clerk CITY OF f/~UBBUCK, IDAHO NOTICE OF ENACTM~f OF ORDINANCE NOTICE IS HEREBY GIVEN THAT: ~. Ordinance No. 231 of the City of Chubbuck, idaho was passed by the City Council and approved by the Mayor on the 8th day of December, 1981. 2. The Ordinance is described as the Chubbuck Pawnshop and Pawnbroker Ordinance. 3. The principal Drovisions of the ordinance are s~m~narized as follows: AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO E~AC~ING A SEW CHAPTER 5.05 OF THE CHUBBUCK MUNICIPAL CODE 50 PROVIDE FOR ~FHE LICENSING AND REGULATION OF PAWNBROKERS AND PAWNSHOPS; DEFINING THE 'l'~U~S PA~/qSHOF ASD PAWNBROKER; I~qACTING SECTIONS 5.05.020 THROUGH 5.05.070 TO REQUIRE LICENSES FOR THE OPERATION OF A PAWNSHOP, TO PROVIDE FOR THE LICENSE FEE THEREFORE, TO PROVIDE FOR AN INVESTIGATION OF THE APPLICANT PRIOR TO THE ISSUANCE OF A PAWNS~DP LICENSE, ASD ~D REQUIRE THAT THE APPLICAS~ POST A B0~D TO ENSURE HIS OOMPLIANCE WITH THE PROVISIONS OF C~APTER 5.05; ~%%CTING SECTION 5.05.080 TO LIMIT THE TRANSFERABILITY OF THE PA~SHOP LICENSE; 5NACTING SECTIONS 5.05.090 THROUGH 5.05.210 TO REGULATE Tt~ OPERATIONS OF A PA~qSHOP CR PAW/~BROKER, %1) REQUIRE THE KEEPING OF DETAILED RECORDS ASD THE SUE~4ISSION OF THfkqE RECORDS TO THE %CHIEF OF ~OLICE, TO PROHIBIT THE RECEIPT OF PAWNS OR PLEDGES FROM CERTAIN PERSONS, TO RBGULATE ASD RESTRICT THE AGES OF ID~PLOYEES, TO REQUIRE ~%]E I~EGISTRATION OF 5~PLOYEES, AND TO PROVIDE FOR THE REVOCATION OF LICENSE FOR NCNCOMPLIANfE WITH THE PROVISIONS OF (]{Ai>i'K~{ 5.05; t']qACTING SECTION 5.05.220 TO RESTRICT THE LOCATION OF PA~SHOPS~ ENACTING SECTION 5.05.230 TO PROVIDE THAT A VIOLATION OF THIS ORDINANCE AND (}L~/3TER 5.05 OF THE CHUBBUCK MUNICIPAL CODE SHALL E~ A MISDEMEANOR PUNISHABLE BY A FINE OF UP TO $300 AI~)/OR IMPHISONM]~Tr IN THE COUSTI~ JAIL FOR UP TO 30 DAYS, WITH EAf~ DAY DURING WHICE THE VIOIATION OONTINUES 00NSTITLF~ING A SEPARATE OFFENSE; REPEALING CC~FLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AR~) PBOVIDING WH~q THIS ORDINANCE .~HALL BECOME EFFECTIVE. 4. This ordinance' provides for license fees for the issuance of a license for the operation of a pawnshop or pawnbroker's business. 5. This ordinance is effective upon publication of this notice. Criminal misd~eanor penalties are provided for violations of the ordinance's provisions regarding ~he regulation and licensing of pawnshops. 6. The full text of this ordinance is available at the Chubbuck City Offices, 5160 Yellowstong Avenue. 7. The foregoinq is true and complete, and ~rovides adequate notice to the public of the enactment of this ordinance.