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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. -2- 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- -3- 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 -4- 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: -5-