HomeMy WebLinkAbout1984-02-14-Ordinance 2032_PawnbrokersORDINANCE No.2032
AN ORDINANCE REGULATING PAWNBROKERS AND THE OPERATION OF
PAWN SHOPS IN THE CITY OF WAUKEE,IOWA.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.THERE SHALL BE ADDED TO THE WAUKEE
MUNICIPAL CODE,CHAPTER 214 AS FOLLOWS:
Section 2.Definition.Every person,firm,or
corporation who makes loans or advancements upon pawn,or
deposit of personal property,or who receives actual
possession of personal property as security for loans,
with or without a mortgage,or a bill of sale thereon,is
a pawnbroker within the meaning of this chapter.
Section 3.License.
A.Application.Every person,firm,or corpora-
tion wishing to be a pawnbroker,must apply for a
license at the office of the City Clerk of
Waukee.The application shall state the name and
place of residence of the person,firm,or the
business address of the corporation having an
ownership interest in the business to be trans-
acted,the place where the business is to be
transacted,and the date the license is request-
ed,and the names,addresses,and phone numbers
of all individuals having an ownership interest
in said business,including all persons having an
ownership interest in any firm or corporation
operating said business.
B.License.The license shall state the date it
is issued,the time it will expire,and the
names,addresses,and phone numbers of all
individuals having an ownership interest in said
bus iness,including all persons hav ing an
ownership interest in any firm or corporation
operating said business.
1.The fee for issuance of a license to engage
in the business as a pawnbroker shall be in
the amount of Two Hundred Dollars ($200.00),
which shall be tendered prior to the issuance
of such license.
2.A license issued under this Chapter shall be
valid and effective until January 1st of the
year following the year of issuance,and may
be renewed annually upon payment of the
required fee.Such license may be suspended
or revoked for any violation of the Waukee
City Code,laws of the State of Iowa,or the
laws of the United States.
3.Any person conducting several separate places
of business as a pawnbroker shall pay the
license fee and procure a license for each
place.
Section 4.Records.
A.Every pawnbroker shall keep a book in which he
shall accurately and leg ibly,enter,in ink,in
the English language,at the time of purchasing
or receivng any personal property:
1.The name of the person from whom the property
is purchased or received and his place of
business.
2.A particular,detailed
description of each article;
number if available.
and accurate
including serial
3.The estimated value of such article.
4.The amount paid,advanced or loaned.
5.The date and hour of the transaction.
6.The time when the articles is to be redeemed
or brought back.
7.Any mortgage or bill of sale taken or receipt
upon ticket given.
8.When,and by whom,an article was brought
back or redeemed.
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9.When,to whom and how an article was disposed
of,if not redeemed.
B.The pawnbroker's 1 icense and said book shall at
all times be open to examination by any Sheriff,
Deputy Sheriff,Police Officer or Constable.
Section 5.Violation.Any person shall be guil-
ty of a misdemeanor who shall:
A.Fail to keep such records.
B.Fail to make the required entries therein.
C.Intentionally or knowingly make any false or
illegible entry,or any entry which he has reason
to be believe is untrue.
D.Fail to make the inquiries necessary to enable
him to make such entries or any of them.
E.Fail to produce
requested by an
examine it.
his license or book when
officer having authority to
Section 5.Destroying,Disposing or Dismantling of
Articles.No person purchasing or receiving any person-
al property or article in the course of dealing as a pawn-
broker shall melt,dismantle,destroy,alter,or in any
manner dispose of such personal property,by sale or
otherwise,wi thin 15 days following the making of the
record required in Section 4 of this Ordinance,except
upon written permission from the Chief of Police of
Waukee.
Section 6.Purchases from Minors.No pawnbroker
shall purchase or receive any personal property frojm any
minor without first receiving the consent in writing from
the parent or guardian,a copy of which must be filed with
the Chief of Police of waukee at the time of filing the
report required in this chapter.
Section 7.Concealing Articles To Prevent Identi-
fication.No pawnbroker shall conceal,secrete,or de-
stroy for the purpose of concealing,any article purchased
or received by him for the purpose of preventing identifi-
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cation thereof by any officer or any person claiming to
own the same.
Section 8.Sales During Redemption Period.No
pawnbroker shall sell,alter,or otherwise dispose of any
article during the time any person has a right to buy back
or redeem the same.
Section 9.Holding Articles of Clothing.All
articles of clothing taken in pawn or purchased outright
shall be held in the same condition in which they were
received for fifteen (15)days following,and during this
period shall not be cleaned,repaired,dyed or altered in
any manner whatsoever.
Section 10.Search for Stolen Property.When-
ever any police officer shall reasonably know that any
pawnbroker has in his/her possession or on his/her
premises any stolen property,he/she shall have the right
and duty to enter and search the premises of such person
for such purposes of discovering stolen property with or
without a warrant.
Section 11.Examination of Premises By Officers.
No pawnbroker or any person shall refuse,or resist or
attempt to prevent any Sheriff,Deputy Sheriff,Constable
or Police Officer,with or without a warrant,from
examining the premises occupied by the pawnbroker for the
purpose of discovering stolen property.
Section 12.Disposing of Stolen Goods or Goods for
Which There is Adverse Claim.No pawnbroker shall sell,
or permit to be redeemed,or otherwise dispose of any
article which he has reason to believe has been stolen,or
which is adversely claimed by any person,which he has
been notified not to sell,release or otherwise dispose of
by any Sheriff,Deputy Sheriff,Police Officer or Con-
stable,without first obtaining written permission from
the Chief of Police.
Section 13.Penalty.
provisions of this Chapter
in jailor $100.00 fine or
ment.
Violation of any of the
shall be punishable by 30 days
by both such fine and imprison-
Section 14.
s ion,or part of
Severability.If any section,provi-
this ordinance shall be adjudged to be
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invalid or unconstitutional,such adj udication shall not
affect the validity of the ordinance as a whole or any
section,provision or part thereof not adjudged invalid or
unconstitutional.
Section 15.Effective
shall be in effect after its
publication as required by
date.
final
law.
This ordinance
passage,approval,and
Passed by the Council the 14th day of February,1984,and
approved this 14th day of February,1984.
-~Christianson
Y 0 R
Attest:
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