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0681 Pawnbrokers 2009^N CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 681 /"'41, 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. Ordinance - Page 1 chubbuck110209pawnord.wpd ;^ /"1 "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. Ordinance - Page 2 chubbuck110209pawnord.wpd /'1 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 Ordinance - Page 3 chubbuck110209pawnord.wpd shall include: /� 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. Ordinance - Page 4 chubbuck110209pawnord.wpd 10"�1, 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 Ordinance - Page 5 chubbuck110209pawnord.wpd /'N /`1 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. Ordinance - Page 6 chubbuck110209pawnord.wpd 10,11, /-t 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 Ordinance - Page 7 chubbuck110209pawnord.wpd n 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 chubbudct20909.sum=ryord681.wpd