HomeMy WebLinkAboutPawnbroker Ordinance
CITY OF MERIDIAN
ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE
AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, OF THE MERIDIAN
CITY CODE REGARDING: DEFINITIONS OF PAWNSHOP AND RELATED
TERMS, PAWNSHOP LICENSING REGULATIONS, APPEAL FROM DENIAL
OF LICENSE, INSPECTION OF PAWNSHOP PREMISES, RECORDS,
PROHIBITED ACTS BY PAWNBROKERS, PROHIBITED ACTS BY
PAWNSHOP PATRONS, EXEMPT TRANSACTIONS, PROVIDING FOR A
PENALTY FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, pawnshops are often the unwitting recipients of stolen personal
property, which results in loss of revenue to pawnshops, furtherance of criminal activity,
and complication of the investigation of personal property theft and return of stolen
property to its rightful owner;
WHEREAS, the Meridian Police Department desires to work with pawnshop
owners to create an online database of property received by pawnshops and thereby
enhance the ability of both the Police Department and pawnshop owners to identify
stolen property;
WHEREAS, the City Council of the City of Meridian deems it to be in the best
interest of the health, safety and welfare of its citizens to regulate pawnshops within the
City of Meridian;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1.
read as follows:
That Title 3, Chapter 5, ofthe Meridian City Code is amended to
3 § 1: DEFINITION, P,\ "TNBROKER:
Evøry fJØ£S8R, firm, partaørshifJ, ass8eiation or oorporatioN \vho makes it a Business or
oonduets or opøratøs a business, to takø ør røeøi':ø, by way of pledge, pavlR, ØXeflaflgø or
hypothecatioN, aRY goods, wares or merchandisø, or any kind of personal propørty
v:hatever, as security ror the repayment of money lent thereon, inoluding the paym.ent of
ifltBfest on the money loot, ar who makes it a busiNess af reeeiving or plKohasing
pørsonal property or ather valaables for taø pmpose of selling thø same baok again at a
stipulated price; ør makes it a business of leR8iRg mønøy søoared by a chattel mortgagø,
Unif.offfi Cofl1fl1erøø Ca8e finanoiNg statemønt or fJØfsoflal property while keeping
pøssession of the item of fJrøpørty plaoed as søcurity; for all intents and pUi"poses undør
PAWNBROKER ORDINANCE AMENDMENT
Page 1 of 12
this ChafJter is høreèy defined as a "fJawnbrokor" and shall bo govemod by tho terms of
this Chapter.
3-5.1: DEFINITIONS:
The terms as used in this Chapter shall have the following meanings:
A. AUTO TITLE LOAN: Loan ofmonev secured bv a certificate of title and/or kevs to
a motor vehicle wherein borrower retains possession of the vehicle itself.
B. CHATTEL MORTGAGE: A transfer of a legal right in personal propertv as
securitv for payment of monev.
C. CITY: The Citv of Meridian. Idaho.
D. DEPOSIT: A deliverv of goods or propertv to be held in trust as securitv for
payment of monev. Also includes the term bailment.
E. MINOR: A person under the age of eighteen (18).
F. MONEY: Includes United States currencv. monev orders. certified checks. traveler's
checks. and anv other circulating medium of exchange.
G. PAWNBROKER: A person who conducts a regulated transaction as that term is
defined in this Chapter. A person licensed to conduct such business in the Citv of
Meridian. It shall be prima facie evidence of a pawnbroker business for anv person or
place of business to advertise for anv regulated transaction as defined in this Chapter.
regardless of anv other name. term or phrase bv which the business can be described.
The doing of anv single act. which is a regulated transaction as defined in this
Chapter. shall constitute a pawnbroker business within the meaning of this Chapter.
H. PAWNSHOP: The location at which a regulated transaction occurs. The location
licensed as the business location for a pawnbroker in the Citv of Meridian.
1. PAYDAY LOAN: Loan ofmonev in which borrower writes a post-dated check
which lender deposits. cashes. or negotiates on a future agreed-upon date.
1. PERSON: Includes anv natural person. individual. firm. partnership. joint venture.
association. corporation. trust. or anv other grOUP acting as a unit.
K. PERSONAL PROPERTY: All propertv subject to ownership. except real estate.
L. PLEDGE: A promise to deliver goods or propertv as securitv for payment of monev.
M. REGULATED TRANSACTION: A business dealing conducted bv a pawnbroker
or designee that is regulated bv this Chapter. The following transactions constitute
the business of a pawnbroker. and anv and all such transactions require a valid
Meridian Citv license:
1. Loaning or advancing monev to anv person on the deposit of personal propertv of
anv kind as securitv for such loan or advancement. when the personal propertv
mav be repurchased bv the partv upon paving a sum of monev:
2. Loaning or advancing monev upon a chattel mortgage on personal property.
where the said propertv is taken into the possession of the lender as securitv for
the advancement or loan upon an assignment or pledge of future earnings:
l:. Purchasing previouslv owned or used personal propertv on the condition that it
mav be repurchased bv the seller within a fixed period oftime for a fixed sum of
monev. For purposes ofthis Chapter. purchasine shall also include trade.
3 52: }APPLICL\TION OF CII}APTER:
PAWNBROKER ORDINANCE AMENDMENT
Page 2 of12
This CHaptør sHall be applieaele to tHe prinoipa:ls øf any efttity perferæing lH'lyaotivity
regulated by this CHapter aHB to their agents and employees. Every pa\vnbrokør regt:tlatod
hørøunder shall bø liable for all tHe penalties provided heroin fur violation of any
provision of this Chaptør, wHether S1:løfl yiola-tion Be oommitted by himself or his agent,
clerk or ompleyeø.
3-5..J1.: LICENSE REQUIRED; APPLICATION AND PROCEDURE:
A. License Required: It shall be unlawful for any person to engage in the business of a
pawnbroker unless a valid license therefor has been issued as herein provided and
said license is in full force and effect.
B. Application For License: An application for such license shall be made to the City
Clerk in such form and manner as the City Clerk may prescribe. Such application
shall include, but not necessarily be limited to the following information:
1. The name and address of the applicant, and if a partnership, the names and
addresses of each partner, and if a corporation or association, the names and
addresses of the principal stockholders, and the name and residence of the
operating manager of the business.
2. Whether the applicant has had a similar license revoked by the City or any other
City in this State or ofthe United States or any state of the United States within
the past five (5) years.
3. Whether the applicant or any principal or partner has been convicted of any
felony or misdemeanor, other than minor traffic violations, the nature of the
offense, and the date, and the punishment or penalty assessed therefor.
4. The name and address of each employee of the business and whether that
employee has been convicted of any felony or misdemeanors, other than minor
traffie viela-tions, the nature of the offense, aftà the date of conviction, and the
punishment or penalty assessed therefor; that u
C. Upon change of employees, the above information shall be forwarded to the City
Clerk ten (10) days after the hiring of a new employee.
G-.D. Investigation Of Applicant Or Employee: Upon receipt of any application for a
license, the City Clerk shall cause an investigation to be made of the applicant. bv the
Meridian Police Department to determine whether the applicant meets the
qualifications enumerated in this Chapter. Also, u!IPon receipt of the name of a new
employee, the City Clerk shall cause an investigation to be made of the employee.
Such investigation shall be completed within thirty (30) days.
D. Licøllse Issaanøe Restricted: N 8 person or entity saall bø issued a licensø to oogage in
tho BtisiRess of a pav¡H~m)ker whea tHat pawn:
1. Is aaBey the age of eighteen (1 &) yøar:s;
2. Is not a Bella fide ow1'I:ør ef suoh busiHøss;
3. Has had a similar licensø rø":eked by this City or any othør øity øfthis State or of
the United States '.vitain :five (5) years immediately preeødiRg the date oftaø
filiNg of tho afJplioation;
4. Has been øenyicted of any felony, or has bøæ øonvioted of any other Grima,
whether [øleay or misdøæeanor, involving moral turpitl;1dø within the five (5)
yøæ-s immediately preeøding the date efthe filing of the application;
PAWNBROKER ORDINANCE AMENDMENT
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5. Has misreprøsentød er made a false or fraudulent statement of material or relevant
faøts ø8Rtaiflød in the application; or
6. Has eagaged iN a frauduloot traasaotion or Gaterprise.
E. Pawnbroker licensine qualifications:
1. The applicant and the person who will be principallv in chaœe ofthe business
must be eil!hteen (18) vears of age or older.
2. The applicant must not have had a previous business license of anv type denied.
revoked. or suspended bv the Citv or anv other state or local aeencv within the
five (5) vears prior to the application date.
l:. The applicant must not have been convicted of a felonv or theft related offense
within the five (5) vears prior to the application date.
4. The proposed premises for the pawnshop must complv with all applicable laws.
includine zonine and other regulations of the Citv of Meridian. and all Citv and
state fire regulations.
B-.F. Qualifications: An affirmative showing with respect to the qualifications herein
specified shall be required to be made with respect to each applicant, and to each
partner of a partnership applicant and to each officer, director or member of the
governing board of a corporation or association and with regard to each employee.
F-.G. License Issuance, Term: Upon completion ofthe investigation, the City Clerk shall
issue, subject to City Council approval, and approval of the Chief of Police, and upon
payment of the prescribed license fee, a license which shall expire at the end of the
calendar year, unless sooner revoked or surrendered.
G-.H. Notification Of License Denial; Hearing: The City Clerk shall notify the applicant if
his license is disapproved; and the reasons therefore... and shall advise ffimthe
applicant of the appeal procedure.
H-:.1. License Nontransferable: Licenses shall not be transferable, either as to person or
place.
hI. Posting Of License: The license issued hereunder shall be posted conspicuously in
each place of business named therein.
K. The successful applicant for a pawnbroker's license shall be considered a pawnbroker
for purposes ofthe requirements of this Chapter. A violation ofthe provisions of this
Chapter mav result in suspension. revocation. or denial of a pawnbroker license or
license renewal.
1. Hearine: Prior to anv revocation or suspension. the licensee shall be
granted the opportunitv for a public hearing before the Citv Council.
which hearine shall be held not later than twentv (20) davs after written
notice to the licensee of intent to revoke or suspend. Notice of such
hearine shall specifv the date. time and place of hearing and shall state the
proposed basis for the suspension or revocation and shall be delivered to
the licensee personallv or mailed to the licensee at the address set forth in
the license aoplication. If. after such public hearing. the Citv Council
determines that one or more of the grounds for revocation exists. it mav
affirm the license revocation or suspension.
PAWNBROKER ORDINANCE AMENDMENT
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2. Appeal: The decision of the Citv Council mavbe appealed to the Fourth
Judicial District Court pursuant to the Idaho Administrative Procedures
Act.
3-5-3: APPEAL FROM DENIAL OF LICENSE:
A. Within five (5) davs. excluding weekends and leeal...hQliQavs, ofthe Citv Clerk's
refusal to issue or renew a license under this Chapter. the license applicant may
appeal to the City Council for the purpose ofhavine the Citv Council review the
action of the Citv Clerk.
B. The appeal bv the applicant whose license has been refused must be in writine and
shall set forth the reason(s) whv such license should not be refused.
C. The Citv Council shall hear the appeal within thirtv (30) davs. excludine weekends
and leeal holidavs. after the filing thereof. and shall render its decision within twentv
(20) davs. excludine weekends and legal holidavs. after said hearine. The decision of
the Citv Council mav be appealed to the Fourth Judicial District Court pursuant to the
Idaho Administrative Procedures Act.
3 S <I: LICENSE FEE:
The City Clerk shall oolleot, before the issuanse of any licensø or renewal thereof, an
annuallicensø fee of one hundred dollars ($100.00).
3 5 S: RECORDS:
fL. Records OpeN To InspøetieH; Information Required: E':ery pawnbroker shall keep a
record of every article pløagea v:ith mm, or sold to him or reoeived by him, and this
record shall be open to thø iflspøøtiofl of any fJølice officer at any time during the
hotH's of the pawHbroker's business. SueR record shall bø l:lpon the f.offi1 as may be
requirød by the Cmef of Police and shall providø the following inrormation:
1. Name effJawnbroker.
2. Name, address, datø of birth, søx, høight, wøight and social security flUlnbør of
pledgor or seller.
3. The date of thø transaction, the artiole pledged or sold together with its desoription,
induding the make, æøael FR:HTlBer, serial nl:HHèer, or if sasR ITUmber does not exist,
SlU.* other typø of idøntifiøatiofl saøf1 as øolor, size, iaentifying marks, as wøll as thø
amount ofthø loan.. An individual øopy of such røøord shan be made f.or each article
pawned.
4. The pledger er sellør's meter veRiølø efJørator's liøønsø flt1ffl.bør or Idaho J.D. or
military J.D. ana t.flø statø ef issuø.
5. SigRat1:H'es by Bet.fl p&\vaèreker afld plødgor ør sellør.
6. All forms must be filled oat iN legible lRai'Æer, and shall be filled out by the broker
or his agent (employee).
7. Every reoord shall be exeouted by the pawnbroker and the pledgor or seller at the
timø the transaotion OOClHS. The pawnbrokør shall compare the signature upoa thø
traasaction røcord with the signatlKe on thø seller's idøntificatiøn.
B. Ref)efts 1R Triplicate: L'\ll pawnbrokers' reports shall be made in triplicate, one to be
retained by the pawnbroker and two (2) copies to be available to the Polioe
PAWNBROKER ORDINANCE AMENDMENT
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Department 1:1f'on reqaøst. The record reqaired te Be maintaiHeè. shall be retained rot a
period of one year after the date of thø transaotiofl.
35 €t: 1\UNORS AND INTOXICATED PERSONS:
No pa-;;nbrokør shall:
/\.. MiNors: Bay items of valae from or loan money on profJerty to any person undør
eighteeN (18) years of age. This provisioN shall not prevØflt sales to aHY person
regardless of age.
B. latoxioatea PørSOl'lS: Have any business døaliflgs as a pR.!;:flèrokør with a person v,4w is
uader the inflaence of aleoholic bøverages or drugs sl:llzh that impairs his businøss
judgmønt.
3-5-4: INSPECTION OF PREMISES:
Upon request of the Chief of Police or desil!llee. the pawnbroker or anvone actin!! on
behalf of the pawnbroker shall permit the inspection of the licensed pawnshop premises
and all propertv kept or stored therein. Anv such inspection shall occur durin!! the
pawnshop's regular and usual business hours.
3-5-5: PAWNSHOP EMPLOYEES:
A. No pawnbroker shall emplov a minor to conduct regulated transactions as defined bv
this Chapter.
B. No pawnbroker shall emplov a person to conduct regulated transactions who has had
a previous business license of anv type denied. revoked. or suspended bv the Citv or
anv other state or local a!!encv within the five (5) vears prior to employment.
C. No pawnbroker shall employ a person who has been convicted of a felonv or theft-
related offense within the five (5) vears prior to emplovment.
D. The holder of anv pawnbroker's license shall be responsible for the compliance with
all the provisions of this Chapter bv the agents and emplovees of the pawnbroker.
Anv violations bv such persons mav result in the revocation or denial of the
pawnbroker's license. .
3-5-+~: SALES:
No personal property purchased by a pawnbroker at his place of business shall be sold or
removed from such place of business for a period of at least seven (7) days after being so
purchased without written consent of the Chief of Police. Excluded from this restriction
are transactions in gold and silver bullion or coins.
3-5-81: FORFEITURES:
Every pawnbroker shall allow a period of thirty (30) days for a pledgor to repay the loan
before the property pledged shall become forfeitable. Upon payment by the pledgor of the
service charge incurred in connection with the loan for the first thirty (30) days, the
pawnbroker shall automatically extend the loan repayment period another thirty (30)
days.
3-5-98: HOURS OF OPERATION:
PAWNBROKER ORDINANCE AMENDMENT
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Legal hours for "pawnbrokers", as herein defined, may be between the hours of seven
o'clock (7:00) AM. and ten o'clock (10:00) P.M. each day, unless special permission is
obtained from the Chief of Police.
3 S 10: REPORT TO CHIEF OF POLICE:
The Chief of Polioe or otHer offioors øf tÐ:e Polioe Deflartmont may, at their diseretion,
reEttiire a ':¡rittoo report ef said busiRess transaotioRs, and duriag the basiness hOlES of
every day may conaa6t a personal el(amination of aay artie1es fJledged or søM or inspect
the books or reøor-ds of suoh pawftBføker showing tÐ:e articles ør things PlKøhased or
pawned.
3-5-9: RECORDS:
A. All records described in this Chapter shall be electronicallv entered and stored in
addition to paper records.
B. Everv transaction shall be memorialized in writin!! and signed bv the person with
whom the transaction is made. All parties to the transaction are entitled to receive a
copv of this written record. The written record of everv regulated transaction shall
include the followin!! information:
1. Name. address. telephone number. and store number of the pawnshop in which
the transaction took place:
2. The name of the emplovee conductin!! the transaction:
1. Nature and date ofthe transaction and an identification number for the
transaction:
4. Complete description ofthe propertv purchased. pledged. traded or co-signed
including. as applicable: brand name. make. model. serial number. color, size. and
anv identifvin!! marks. Additionallv:
a. Jewelry shall be described with. as applicable. the type. weil!ht. color. number
and description of stones. stvle. size or lenl!th. anv en!!ravin!!. and whether it
is considered a man's. woman's, or child's piece:
b. Vehicles shall be described with. as applicable. the vehicle identification
number (VIN). make. model and color:
c. Firearms shall be described with. as applicable. the make. brand. model
number. serial number. caliber. type. barrellenl!th. finish:
~ Full name. complete current residential address. current phone number. date of
birth. race. sex. height. weil!ht. hair and eve color of the person or persons with
whom the transaction is made:
6. Type. includin!! state or governmental a!!encv of issue. and identifvin!! number of
the personal photo identification used bv the person with whom the transaction is
made:
7. The term of the loan or repurchase period. and the date on which the loan is due
and pavable or the repurchase option expires.
C. Production of Records: Upon request of the Chief of Police or designee, the
pawnbroker or anvone actin!! on behalf ofthe pawnbroker shall produce anv records
required to be kept pursuant to this Chapter and shall permit the Chief of Police or
PAWNBROKER ORDINANCE AMENDMENT
Page 7 of 12
designee to examine them. Anv such inspection shall occur durin!! the pawnshop's
regular and usual business hours.
D. Retention of Records:
1. It shall be the dutv of everv pawnbroker to maintain in his place of business a
permanent record of the complete description of all rel!Ulated transactions and of
all parties enterin!! into regulated transactions. This record shall include all voided
and deleted transactions.
2. All records described in this Chapter shall be electronicallv stored in addition to
paper records.
L All records described in this Chapter shall be retained bv the pawnbroker at the
licensed pawnshop for a minimum of one (1 ) vear: except that records pertainin!!
to firearms transactions shall be kept for a minimum of twentv (20) vears pursuant
to federal regulations.
E. Transmission of Records: The pawnshop's electronic record of a regulated transaction
shall be transmitted bv noon the next business dav to the desil!llated Internet
online service approved bv the Meridian Police Department. in a method and fashion
approved bv the Chief of Police or designee.
3-5..;y.l0: NOTICE FROM POLICE DEPARTMENT:
Whenever the Chief of Police or any member of the Police Department shall notify any
pawnbroker in writing not to sell any property deposited or purchased by him or permit
the same to be redeemed, such property shall not be sold or permitted to be redeemed for
a period of sixty (60) days from the date of such notice, but such notice may be renewed
by written request for an additional sixty (60) day period or periods. Further, a notice
may be terminated at any time in writing by the Chief of Police.
3-5-Hll: STOLEN PROPERTY; RETURN TO TRUE OWNER:
A. Return Of Stolen Property: Any article pledged or sold to a pawnbroker which is
subsequently determined by a law enforcement agency to have been stolen shall be
transferred to the custody of such agency upon the agency's written request, or, at the
direction of the agency, shall be returned by the pawnbroker to the true owner. The
true owner shall not be liable to the pawnbroker for any amounts expended by the
pawnbroker with respect to an article deemed stolen. The pawnbroker shall not be
required to return stolen property to the true owner until:
1. He receives written notice from the law enforcement agency authorizing the
release of the property to the true owner and specifying the name, address and
social security number of the true owner;
2. The true owner, in person, requests the return ofthe property, executes a receipt
therefor, and presents proper identification showing his name, address, social
security number and signature.
3. If a disagreement exists concerning the ownership of property, the item shall be
held by the Police Department for thirty (30) days in order to allow the
pawnbroker to seek judicial determination of ownership. If such action is not filed
within thirty (30) days, the item will be returned by the Meridian Police
Department to the recorded owner.
PAWNBROKER ORDINANCE AMENDMENT
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B. Documentation By Pawnbroker: Upon the return of stolen property to the true owner
either by the pawnbroker or law enforcement agency, the pawnbroker shall complete
such documentation as may be necessary or required to effect the transfer of the
property, including such documents pertaining to the registration of firearms as may
be required by local, State or Federal authorities. Upon return of an item of property
to a true owner, said owner shall agree in writing to pursue a course of criminal
prosecution which could result in restitution for any victimized party.
3 5 13: L\PPEAL FROM: DENIAL OF LICENSE:
f~. Time Limit For Appeal: 'Nithia fiye (5) days, exoladiag wøekends afld legal holidays,
ITom reæsal ofthe City Clerk to issue or reBe':: a lioense ander this Chapter, tho
applicant for a lioensø may appeal t8 the City Ceaaoil for tHe plH'pOSø øfhaving thø
City Coæeil revie\v the action of the City Clørk.
B. L'\ppeal IN \J¡Tritiag: The afJfJeal by the li6oosee or thø applicaNt whose license has bøøn
refusød flll:lst bø iR '.vriting aHà shall søt førth the røasøa 'llhy seek lioense should not
bø refused.
C. Heariag Before CBanoil: The City Coaacil shan hear the appeal within thirty (30)
days, eKelaaing weekøaEls afld legal holidays, after the filiflg thereof, Rad shall reaaør
its decisioa v:ithia tweftty (20) dap, exoluding weekends ana legal holidays, after
said heariag. The deøisien of the majority of tHe City Coaneil may bø appealed to tho
Fourth l1:1aioial Distriøt Court plKSaaflt to the Idaho }..dministrative ProcødlH'es Aøt .
3 5 14: REVOCATION OR SUSPENSION OF LICENSE:
A. Causes For Rø\'eoation: The City CounÓl shall havø the po':,'er to revoke or suSf'end
any lioønse graated in aocordaRoe with this Chapter ror any of the folle.tYing oausøs:
1. Fræ.:ld, misrepresentation or false statemoot eontaiaed in the applicati8R for licensø;
2. FraaEl, misrepresøntæion or fa:lse statøment maae in the eour3e of oarrying on the
busiNess of a pawRbrokør;
3. Any other viølation of this Chapter;
1. THe Hiring of any fJerson whø has been oonvieted of a feloRY, or has beøn ooll'.'ioted
of any othør Grime, whetHer f.øloay ør misdemeaaør, involviNg ffleral turpituEle within
the five (5) years immødiately preceding the date ofèeiag omploY'od; or
5. Collviøtiea of any feleR)' or misdemeEH'lør involving fraad, theft, dishoNesty or
receiving or pøssessing stoleR property, or aa)' other orimø iavolving møral turpitude.
B. HeariFlg: Prior to any rø..,eeation or stIsfJoosion, thø lieeasee shall bø granted the
opportuaity for a publiø Hearing beforø the City CouHøil, whioh heariflg shall be held
not later thaa t'l,'enty (20) €lays after writtoo notioe to the liseasee of iFJiø1it to revoke
or suspend. SaSH notioe shall specify the date, time and plaøe øfhear.Hg and shall
state tHØ proposea Basis for the s1:18f'ension or revøeation and sha:ll Be delivered to the
licensøe fJersonally or l1'lailed to the lieeFlsee at the aaElress set forth iFl the lioense
applieation. If, after stIch public heariFlg, the City CøaFleil døtenninøs that one or
more øfthe grotHlds fer re','ooation øKists, it may revøke the lioensø.
C. Appeal: THe aeoision of the City Col:møil may be appealea to the Fourth llidioial
District Cel:lrt plH'suant te the Idaho L\dæinistrative Prøeedures }..øt.
PAWNBROKER ORDINANCE AMENDMENT
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3 5 lê: PROHIBITED ACTS:
A. L^Lctiøas OfPawHbroker, AgOflt Or Employeø: It shall Be ualawful ror æry pawnbrokør
or 9flY elerk, agønt, eFHflloyee of a pa\voorokør to:
1. Aequire, BY purohase, trade, eKehange ør otherwise, goeas bearing e':idenee of a
sorial ntli'flèer whicH Has beeR t~orea ';:itH or seratooed ør obliterated in any mattør
lIDless saeH person immediately oontaets the PaliGa DØfJartæøn-t;
2. Ae66f)t, buy or exooaflge any articløs prior to øxamining the ideatifying oredootials
of the 13eFson selliflg or exeflanging said artioles;
3. Fail tø maintain the recoras required aHder Søetion 3 5 5 of tHis Chapter, or fail to
maintaia Buoh reøora as to any itom of which reøøra is rc(i}tiired to be maintained
lHldor saia Seotion 3 5 5, or fail to make an efltry ef any ma-tørial mattør in tho røeord
of any tf8flsaotion;
4. Make any false entry ia tho rcøøra requiroa BY SootieR 3 5 5 ofFHis Chaptør;
5. Oblitoratø er destroy the record re(juired by 8eotion 3 5 5 of this Chapter;
provided, høwøver, that suoh recoras may bø destroyed at the expiratiofl of the one
year retofltieH poriod 13resoribed ia Søotion 3 5 5 of this Chapter;
6. Refuse to allo'l/ aNY law ooforcement officør to iaspcet the reoord required by
Section 3 5 5 øf this ChafJter or any aftioles ia his possessieH during nønnal busiaess
~
7. RefJOrt any æa-terial matter falsely t8 a law oofeFeømont ofaeer;
8. L^Lø(i}tiire by purehase, tradø, eKohange e£ otherwise, any artiøles from any fJørson
lIDder eigftteen (18) years of agø, '.vithout thø 61t:press writtæ oonsønt øf his or her
parent or geardiaa or unless said miaÐr is tho head of a family;
9. Fail to repørt forthwith te the Poliee Departmeat the receipt øf any property y:hich
thø fJ&wnbroker Has good eaase to believe has beealost or stoleR, together with the
name of the O';,'iier, ifkno'l:fl, and the date when ana tHe name ofFhe pørson frøm
waeFFl the propørty \vas røoei':ed; or
10. Hire er ØlUploy BflY pørSOR '...'fl:O has beea eonviotod ef any felony, or has been
convicted of aRY other crime, whøthør felony or misdømeanor, ilTyolving moral
tllifJitude within the five (5) years immødiately precødiRg tHe date ofthe filing ofthe
appliøatiøR.
B. False IRwfæation: It shall be unlawful f.or aNY pørSOfl to ase a false name, a fiotitious
address, or aRY address ether than the true address, or to :fi:waisH aay false, 1:H'ltme or
misleadiNg infermation or statømont relating to tnø iRfeHHation required. by Seøtion 3
5 5 øf this Chapter.
C. Goøds Under Coflkact: It shall Be unlawful for aIT)' pørsoa tø pledge or sell any goods,
ohattels er øffeøts, ør any persoRtH property leased or let to him. by any instrument in
writing uaaer a contraøt er pUi"chasø Ret yet fulfillød.
3 S Hi: PENALTY:
Any parseR violating aRY of the pr'8visions of this Cà.aptør shall Be guilty of a
misdømøflflør and, upon øenviotion thereof, shall bø subjeot to pønalty as provided in
Section 1 1 1 øfthis Codø fer eaoh violatieR.
3-5-12: PROHIBITED ACTS BY PAWNBROKERS:
PAWNBROKER ORDINANCE AMENDMENT
Page 10 of 12
The followin!! acts bv a pawnbroker or anv person acting on behalf of the pawnbroker.
including the emplovees and a!!ents of a pawnbroker. shall constitute a violation of this
Chapter:
A. Failure to make a record of anv transaction as described in this Chapter.
B. Falsifvin!! anv official record or entrv on an official record required to be kept
pursuant to this Chapter.
C. Obliteratin~. destrovin!!. or removing from the place of business anv records required
to be kept pursuant to this Chapter.
D. Refusin!! to allow the Chief of Police or designee to inspect the business premises. or
anv books. records or other goods located or required to be locateq at the place of
business. durin!! regular and usual business hours.
E. Transmittal of anv false record to the police.
F. Failure to report the possession of propertv that mav be lost or stolen.
G. Removal of or allowin!! removal of Pro pert v from the business premises within seven
(7) davs after the receipt of said propertv. Excludeq from this restriction are
transactions in !!old and silver bullion or coins.
H. Enterin!! into a regulated transaction in which the propertv at interest is such propertv
that is manufactured or produced with a serial or identification number. and the said
number has been removed. altered or rendered unreadable. unless such removal.
alteration. or renderin!! unreadable occurred as the result of normal wear and tear.
1. Enterin!! into a regulated transaction with a minor or incompetent person.
J. Enterin!! into a regulated transaction with a person under the influence of dru!!s or
alcohol.
K. Enterin!! into a regulated transaction with a known thief or receiver of stolen propertv.
or known associates of such. whether the person is actin!! on their own behalf or as
the a!!ent of another.
L. Enterin!! into a reIWlated transaction with a person without requirin!! production of
photo identification issued to that person bv a !!overnmental a!!encv.
M. Employment of a person not meetin~ the qualifications of this Chapter.
N. Anv other violation of the specific provisions of this Chapter not specificallv
enumerated above.
3-5~13: PROHIBITED ACTS BY PAWNSHOP PATRONS:
A. It shall be a violation for anv person to furnish false information to a pawnbroker if
the provided information is required to be recorded pursuant to this Chapter.
B. It shall be a violation for anv person to pled!!e or sell anv propertv to a pawnbroker or
the pawnbroker's emplovees or a~ents. knowin!! the propertv is stolen.
C. It shall be a violation for anv person to pled!!e or sell anv propertv to a pawnbroker or
the pawnbroker's emplovees or a!!ents. knowim!: the propertv is leased or let to him or
another bv anv instrument in writing under a contract of purchase which is not vet
fulfilled.
3-5-14: EXEMPT TRANSACTIONS:
The provisions of this Chapter shall not applv to:
A. Auto title loans.
PAWNBROKER ORDINANCE AMENDMENT
Page 11 of 12
B. Pavdav loans.
3-5-15: PENALTY:
In addition to other penalties specified in this Chapter. anv person violatin!! anv provision
of this Chapter shall be !!uiltv of a misdemeanor. and upon conviction thereof. shall be
punished bv a fine of not more than three hundred dollars ($300.00) or imprisonment in
the countv jail for not more than ninetv (90) davs or bv both such fine and imprisonment.
3-5-16: SEVERABILITY:
If anv provision or section of this Ordinance shall be held to be invalid bv a court of
competent jurisdiction. then such provision or section shall be considered separatelv and
apart from the remaining provisions or sections of this Ordinance. which shall remain in
full force and effect.
Section 2.
That all ordinances, resolutions, orders, or parts thereof or in
conflict with this ordinance are hereby voided.
Section 3.
That pursuant to the affirmative vote of one-half (112) plus one (1)
of the Members of the full Council, the rule requiring two (2) separate readings by title
and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly,
this Ordinance shall be in full force and effect on
,2006.
PASSED by the City Council of the City of Meridian, Idaho, this
day of , 2006.
APPROVED by the Mayor of the City of Meridian, Idaho, this
, 2006.
day
of
APPROVED:
MAYOR
ATTEST:
CITY CLERK
PAWNBROKER ORDINANCE AMENDMENT
Page 12 of 12
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 06-
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
PAWNSHOP ORDINANCE
An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian City
Code. A full text of this ordinance is available for inspection at the City Clerk's Office,
Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall
become effective on , 2006 upon passage and publication.
Mayor and City Council of the City of Meridian
By: William G. Berg, Jr., City Clerk
First Reading: Adopted after first reading by suspension of the
Rule as allowed pursuant to Idaho Code 50-902: YES NO
Second Reading: Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 06-
The undersigned, William LM. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 06- ofthe City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code § 50-90lA (3).
DATED this day of
,2006.
William. LM. Nary, City Attorney
PAWNBROKER ORDINANCE AMENDMENT SUMMARY
Page 1 of 1