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HomeMy WebLinkAboutOrd.4391.11-19-2012BILL NO. 12-146 ORDINANCE NO. 11391 AN ORDINANCE AMENDING SECTION 15-180 OF THE CODE OF ORDINANCES, OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING PAWNBROKERS AND SECONDHAND DEALERS AND ADOPTING A NEW SECTION 15-183 REGARDING PAWNSHOP LOCATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 15-180 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Register of loans and purchases to be kept; contents; inspection; time of maintenance; records of sales", reading as follows: Sec. 15-180. - Register of loans and purchases to be kept; contents; inspection; time of maintenance; record of sales. (a) Required; contents. Every pawnbroker shall keep a register of all loans and purchases of articles made or effected by him, which register shall show and include: (1) The name and address of the pawnshop. (2) The name, age, sex, race and address of the pledgor, the pledgor's description, and the driver's license number, military identification number, identification certificate number, or other official number capable of identifying the pledgor. (3) The date of the transaction. (4) A detailed identification and description of the pledged goods, including serial numbers if reasonably available. (5) The amount of cash advanced or credit extended to the pledgor. (6) The amount of the pawn service charge. (7) The total amount which must be paid to redeem the pledged goods on the maturity date. 1 (8) The maturity date of the pawn transaction. (9) A statement to the effect that the pledgor is not obligated to redeem the pledged goods and that the pledged goods may be forfeited to the pawnbroker sixty (60) days after the specified maturity date. (10) A statement that the pawn shop has verified pledgor's identity by requiring presentation by pledgor of an official picture identification card. (b) Inspection. The register shall at all times be open to the inspection of commissioned police officers of the Cape Girardeau Police Department or their designee. (c) Time of maintenance. The register of all loans and purchases shall be maintained at the place of business for a period of one (1) year after the date the transaction occurred. and a new Section 15-180 is hereby enacted in lieu there, in words and figures, to read as follows: Sec. 15-180. Pawnbrokers and secondhand dealers. (a) Definitions. Pawnbroker: Every owner, operator or employee engaged in the businesses of receiving property in pledge or as security for money or other things advanced to pawner or pledger shall be deemed to be a pawnbroker. Secondhand Dealer: Every owner, operator or employee engaged in the business of the purchase, sale or barter of secondhand articles, including but not limited to recyclable materials, scrap metal, electronics, video game systems/video games/ video game accessories, jewelry, valuable, and/or precious metals and stones, or household goods, shall be deemed to be a secondhand dealer, whether such dealer operates from a fixed storefront business or is conducting business on a temporary, short-term basis from a non -fixed location. Licensee: The owner/operator, and all employees of a business licensed under this article. Junk/Scrap: Manufactured articles or parts that have been discarded or are useful only as material for reprocessing or recycling. (b) Exemptions. This section shall not apply to the purchase or sale of used motor vehicles, including motorcycles, motor driven cycles, as defined by Missouri State Statute, nor shall it apply to charitable organizations that accept donated goods for resale as a fund-raising program for the charity. In addition, the following businesses are also exempt from the persons or requirements of this section: (1) Those businesses that had obtained a city business license prior to November 5, 2012, whose primary business involves the purchase, sale, or barter of jewelry, precious stones, precious metals, collectible coins, and/or currency. (2) Those establishments whose primary source of business derives from antique items, generally consisting in age of 20 years or more, and/or those establishments whose primary source of business derives from the purchase, sale, or barter of articles of clothing. (3) Gun and Knife Shows, Auction or Asset Liquidation Services engaged in the selling of the contents of an estate. (c) Electronic reporting of transactions. The Cape Giradeau Police Department shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the Chief of Police, in order to enhance its investigative services to protect both pawnbrokers/secondhand dealers and members of the general public. In the event of a change to its electronic reporting system, the city will notify all impacted licensees of the change within a reasonable time prior to such change. Every pawnbroker or secondhand dealer shall operate and maintain a computer system with internet access and photographic or video capability sufficient for the electronic reporting requirements described in this 3 article. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording /reporting requirements outlined in this section. The licensee shall immediately notify the police department of any such failure or malfunction, and shall have such resolved as soon as practical. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license revocation proceedings under this article. (d) Record of Transactions. Throughout the term of the license, every pawnbroker or secondhand dealer shall report/upload to Leadsonline, or the city's current electronic reporting system, the below listed information for each and every transaction conducted during each day they were open for business by the end of that business day. All information shall be recorded in the English Language. A transaction shall consist of all articles brought in to a pawnbroker or secondhand dealer for sale, barter, trade, pledge, or pawn by an individual (pawn/seller) at one specific time and date. Articles brought in to a pawnbroker or secondhand dealer by an individual (pawn/seller) for sale, barter, trade, pledge, or pawn at different times or different dates by the same person shall be considered as separate transactions, regardless of how short the difference in time is between those transactions. Separate transactions, either from the same person or different persons, shall not be combined and reported collectively. (1) Non-junk/scrap articles. a. Purchases/receipts by licensee. i. All non-junk/scrap articles brought in to a pawnbroker or secondhand dealer by an individual (pawner/seller) for sale, barter, trade, pledge or pawn during a single transaction shall be itemized separately. 1. Exemption: Collectible coins, antique/collectible currency, gold or silver necklaces, gold or silver bracelets, may be lumped into one entry per specified item (example: 12 silver Dollars, 9 twenty inch gold braided necklaces) provided that each 4 item is identifiable in a single or group photograph. ii. Each non-junk/scrap article brought in to a pawnbroker or secondhand dealer by an individual (pawn/seller) for sale, barter, trade, pledge, or pawn during a transaction shall be associated with the person (pawner/seller) who brought the article in. The licensee shall record/report the following information for each such transaction: 1.A digital photographic image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be currently valid (not expired or mutilated) card issued by a government entity of the United States, and must include the pawner/seller's first and last name, current address, date of birth, and physical descriptors. In the event the card is valid but does not contain the pawner/seller's current address, the licensee must separately record and report the current address. 2. If the Pawner/ Seller is pawning or selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 3. The date and time of the transaction. 4. A complete and thorough description of each non-junk/scrap article including but not limited to the following; a. Type of article b. Brand name/make/manufacturer (if applicable) c. Model number (if applicable) d. Serial number (if applicable) 5 e. Color/finish 5. A digital photograph(s) of each non- junk/scrap article purchased or received as trade, barter, pledge, or pawn by a pawnbroker or secondhand dealer, sufficiently detailed to allow reasonable identification of each article. If the article contains any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics, the digital image(s) shall capture the same. b. Sales by the licensees. i. All non-junk/scrap articles sold by a pawnbroker or secondhand dealer to an individual shall be itemized separately. Licensees shall not lump non-junk/scrap article together (example; ("two gold necklaces, four gold ear rings") and must individually itemize and describe each individual article. ii. Each non-junk/scrap article sold by a pawnbroker or second hand dealer shall be associated with the person to whom it was sold. The licensee shall record/report the following information for each such transaction: 1. The name and current address of the purchaser must be recorded/ reported - a photographic image of a government - issued photo ID card is not necessary. 2.A digital photograph of non -junk scrap articles sold by a pawnbroker or secondhand dealer to an individual is not required. (2) Junk /scrap articles. a. Purchase by licensees. G i. Junk/scrap articles may be recorded/ reported in bulk, but must specify the weight, type, (example; steel, copper, aluminum, etc.) and form (example; sheet, cans, pipe, wire etc.) of the bulk material. ii. Each different type and form of junk/scrap bulk material brought in to a secondhand dealer by an individual for sale during a transaction shall be associated with the person who brought the material in. Licensees shall record/ report the following information for each such transaction: 1. A photographic image on the ID card of the Seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be currently valid (not expired) card issued by a government entity of the United States, and card issued by a government entity of the United States, and must include the pawner/seller's first and last name, current address, date of birth, and physical descriptors. In the event the card is valid but does not contain the seller's current address, the licensee must separately record and report the current address. 2. If the seller is selling on behalf of a company or Business, the name, address and telephone number of such company or business shall also be recorded/ reported. 3. If the junk/scrap is brought by motor vehicle to a licensee for sale, the make, model, color and license plate number of that vehicle shall be recorded/reported. 4. The date and time of the transaction. 7 5. A digital photograph or, if the licensee has a video system, video segment of each individual type and form of bulk material purchased by the licensee shall be linked to the record of that transaction. b. Sales of licensees. i. Licensees do not need to record/ report any information pertaining to the sale of junk/scrap material. (e) In the event the electronic reporting system malfunctions or is otherwise not operational, the licensee shall, at all times during such malfunction or non- operation, be required to keep written records of any and all transactions made during the period of malfunction or non -operation, to include all information required by this section. These written records shall be recorded/ uploaded to LeadsOnline, or the city's current electronic reporting system, as soon as practicable after the electronic reporting system is functional. No such written records shall be erased, mutilated or changed. Written records shall be open and available for review upon request by the city clerk or any peace officer during regular business hours. (f) inspection of premises by police. The chief of police or any officer so designated by him/her shall have general supervision over all pawnbrokers and secondhand dealers, and shall also have power to inspect their respective places of business and all articles or things kept therein, whenever he/she shall deem it necessary to do so. (g) Hours of operation. No business licensed under this article shall purchase or accept as pawn or pledge any goods, articles or things whatsoever, from any person, between the hours of 10:00 p.m. and 6:00 a.m. (h) Solicitation of articles. No person licensed under this article shall be permitted to solicit business of any nature upon any public street or public highway in the city. (i) Compliance enforcement. It shall be the duty of the Cape Girardeau Police Department to conduct regular compliance checks upon licensed pawnbrokers, consignment K shops, second hand goods dealers, precious metal collectors and scrap metal collectors. These compliance checks will be conducted at the direction of the Cape Girardeau Police Department's chief of police in a controlled and standardized manner. ARTICLE 2. A new Section 15-183 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby enacted relating to Pawnshop locations, and shall read as follows: Sec. 15-183. Pawnshop locations. In addition to the other requirements in this section for licensure, no License shall be issued under this section for the initial operation of a pawnshop if such pawnshop is to be located within one-half mile of the surrounding property line of an excursion gambling boat dock or facility on file with the gaming commission prior to the date of the application for the pawnshop license is filed. The provisions of this subsection shall not prohibit a pawnshop from being located with one-half mile of the surrounding property line of a dock or facility or proposed dock or facility described in this subsection if the license for such pawnshop has been issued prior to the adoption of this ordinance. ARTICLE 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 4. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. PASSED AND APPROVED THIS 1/VA DAY OF �Ve�il�r 2012. E/ RedYger, Mayor 0 GayZ0 L. C City Clerk