06-1230 City Code Pawnbroker Ordinance
CITY OF MERIDIAN
ORDINANCE NO.
tlb-It-Jo
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
PENAL TY 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 ofthe 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, of the Meridian City Code is amended to
3 S 1: DEFINITION, P}" 'VNBROKER:
E':ery person, firm., flartnersmp, assoøiatien ar corporation \VÐ.O makes it a business or
conducts or operatøs a business, to take or receive, by way of pledge, pa'.vR, exchange or
hypothecation, æly goods, wares or merchandise, or aflY kifld of personal property
whate':er, as security for the repayment of money lønt therøofl, iReluding the paYi'nønt of
intørest eft tHe money lent, or whe makes it a business of receiving er flurchasiflg
persoaæ flfepørty or other vaI1.:1aeløs for the pUi]Jose of selling the same back again at a
stipulæød flrice; or makes it a blisiness of lønding money søøurød by a chattel mortgage,
Uniform. Cemmerce Code fmaneing statøment or persoflal prøflerty while keeping
possøssioft ef the item of property placed as secui"ity; for all ifttØfltS and purposes under
PAWNBROKER ORDINANCE AMENDMENT
Page 1 of 12
this Chapter is hereby defined as a "pa'"ynbroker" and shall be govømed BY the 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 of monev secured bv a certificate oftitle 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 Citvof
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 CitvofMeridian.
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.
J. PERSON: Includes anv natural person. individual. firm. partnership. ¡oint 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 anvand 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 personallJroperty
mav be repurchased bv the partv upon paving a sum of monev:
2. Loaning or advancing monev upon a chattel mortgage on personal propertv.
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:
1. Purchasing previouslv owned or used personal propertv on the condition that it
mav be repurchased bv the seller within a fixed period of time for a fixed sum of
monev. For purposes of this Chapter. purchasing shall also include trade.
352: APPLIC.\TION OF CHAPTER:
PAWNBROKER ORDINANCE AMENDMENT
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This Chapter shall 1:>ø applieaèlø to the prinÓpals of any entity performing any activity
regulated by this Chapter a+là tø their agents and employees. Every pav:nbro1cer regulated
høroander shall be liable for all the penalties prø':ided herein f.or violation of any
provision of this Chapter, whether such ':iolation Be eeHlfHitted by himself or his agent,
dock or employee. .
3-5~1: 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 ofthe business and whether that
employee has been convicted of any felony or misdemeanors, other than minor
traffic violations, 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. .^Jso, u1[pon receipt ofthe 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. LioØllse Issuaneø Restrieteà: }Je f'ef30n or øntity shall bø issuød a license to engagø in
the business of a f'w.vaBrøk6f \Vfløn fRat pav;n:
1. Is under the age of eighteea (18) yøB:fS;
2. Is not a boRa fi.àe øv;aoc of such business;
3. Has had a similar lieease revoked by this City or any other city of this State or of
tHe Uaiteà States within fiyø (5) years immediatøly preceding the date of the
filing of the applieatien;
1. Has Been eøavictød of ælY f,:ølony, or has been øoflvicted of any other crime,
\\'fletHer [elan)' or misàeæeaaør, involving moral t\.Hflitl:1de ',vithin the five (5)
yeaTs immediatøly preceding the datø of thø filing of the application;
PAWNBROKER ORDINANCE AMENDMENT
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5. Has misreprøsented or maele a false or fraudulent statement of material or rele'.'ant
faøts øÐfltaifled in the appliøation; or
6. Has ØfIgaged in a fraudulønt kansactiofl or enterprise.
E. Pawnbroker licensing qualifications:
1. The applicant and the person who will be principallv in charge of the business
must be eighteen (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 agencv within the
five (5) vears prior to the application date.
J... 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.
including zoning 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 of the investigation, the City Clerk shall
issue, subject to City Council approval, and approval ofthe 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-:.l License Nontransferable: Licenses shall not be transferable, either as to person or
place.
I-.J. 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 of the requirements of this Chapter. A violation of the provisions of this
Chapter mav result in suspension. revocation. or denial of a pawnbroker license or
license renewal.
1. Hearing: Prior to anv revocation or suspension. the licensee shall be
granted the opportunitv for a public hearing before the Citv Council,
which hearing shall be held not later than twentv (20) davs after written
notice to the licensee of intent to revoke or suspend. Notice of such
hearing 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 application. 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 mav be 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 weekenqs and legal holidavs. of the Citv Clerk's
refusal to issue or renew a license under this Chapter. the license applicant mav
appeal to the Citv Council for the -purpose of having the Citv Council review the
action of the Citv Clerk.
B. The appeal bv the applicant whose license has been refused must be in writing and
shall set forth the reason(s) whv such license should not be refused.
C. The Citv Council shall hear the aþpeal within thirtv (30) davs. excluding weekends
and legal holidavs. after the filing thereof. and shall render its decision within twentv
(20) days. excluding weekends and legal holidavs. after said hearing. The decision of
the Citv Council mav be appealed to the Fourth Judicial District Court pursuant to the
Idaho Administrative Procedures Act.
3 5 <I: LICENSE FEE:
THe City Cltlflc shall collect, before the issuance of any licoose or renøwal thereof, æl
aßHl:1allieeHse fee of one hundred dollars ($100.00).
3 S S: RECORDS:
A. Reoords Ofløa To Iaspeotion; lÐ.fonnation RoEJ.liirød: Every pa',vnbroker shall koep a
record of o':ery artide flleàged with him, or sold to him ør reeeiT:ed by him, and this
record shall be open to the inspeetion of ælY police officer at any time during tho
hours of the pawnbrokør's business. Stich record shall be upon the form as may bo
required by the Chief of Polico æld sHall provide the f.ollo':ling information:
1. þJaæe øfflli'llflbroIcer.
2. Name, address, dftte of birth, SØK, height, v:eight and soøial søeui"ity number of
pledgor or soller.
3. The date of the transaction, tho artiele pledged or sold together with its description,
indl:1àing the make, model :n.-urnbor, serial m:1fHBer, er if Sl:1eB. Hl:11Rber does not exist,
such othør typø of idefltification such as oolor, sizø, iden-tifying; marks, as well as tho
amount of the loan. f Jl iHdividual copy of such røeord shall be made f.or each artiøle
pav:Høà.
1. THe flleàgor or seller's motor vehicle operator's licønso num.bor or Idaho LD. er
military LD. a:nd thl¡) state of iss-ue.
5. Signatui"es by both flawnbroker and pledgor or seller.
6. All forms must be filleà out in legible manner, and shall be filled out by the broker
or his agent (employee).
7. Every record shall Be eJleØt1ted by the pavlllbroker and the pledgor or seller at the
time the tra:nsaøtiofl oeelifS. THe pa>,vnbroker shall compare the signatlH"e upon the
trælsaotion record 'vvitli the signature on the seller's identification.
B. Reports In Triplicate: All fla\'IflÐrokers' reports shall 1:>e made in triplicate, one to be
retained by tal¡) pa'.VH8reker 8.fld two (2) copies to 1:>e availa1:>le to tho Police
PAWNBROKER ORDINANCE AMENDMENT
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Department upon re'i~1(~st. The reeord required te be maintaifled shall be røtainod [.or a
period of one year after the date of the transaetioFl.
3 S (t: MINORS }..ND INTOXIC}..TED PERSONS:
No pav:n-broker shall:
A. Mis.ørs: Buy items of value from or loæl money on property to any person under
eighteen (18) years of age. This provision sHaH not prevent sales to aay person
regardless of age.
B. Intoxieated Persons: Have any 1:>usinøss døalings as a pav:nbrokør ',vith a person who is
under the influence of alcoholic èeverages or drugs such that impairs his business
judgment.
3-5-4: INSPECTION OF PREMISES:
Upon request of the Chief of Police or designee. the pawnbroker or anvone acting 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 during 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 agencv within the five (5) vears prior to employment.
C. No pawnbroker shall emplov a person who has been convicted of a felonv or theft-
related offense within the five (5) vears prior to employment.
D. The holder of anv þawnbroker'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 ofthe
pawnbroker's license.
3-5..f:2: 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-S-9§: 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) A.M. and ten o'clock (10:00) P.M. each day, unless special permission is
obtained from the Chief of Police.
3 5 10: REPORT TO CHIEF OF POLICE:
The Chief ofPoliee or other officers ofthe Police DepartmeHt may, at their disocøtion,
røquire a written report of said business transactions, aad àtiring the business hours of
every day may conduct a pørsønal examination of any artieløs pledged or sold or iHspeet
the books or records of s~eH pawnbroker shmving tHe artieles or things purchased 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 writing 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 followin2: information:
1. Name. address. telephone number. and store number ofthe pawnshop in which
the transaction took place;
2. The name of the emplovee conducting the transaction;
1. Nature and date of the transaction and an identification number for the
transaction;
4. Complete description of the propertv purchased. pledged. traded or co-signed
including. as applicable: brand name. make. model. serial number. color. size. and
anv identifying marks. Additionally:
a. Jewelry shall be described with. as applicable. the type. weight. color. number
and description of stones. stvle. size or length. anv engraving, 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. barrel length. finish;
2. Full name. complete current residential address. current phone number. date of
birth. race. sex. height, weight, hair and eve color of the person or persons with
whom the transaction is made;
6. Type. including state or governmental agencv of issue, and identifying 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 acting on behalf of the 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 during the 'Pawnshop's
regular and usual business hours.
D. Retention of Records:
1. It shall be the dutv of every pawnbroker to maintain in his place of business a
permanent record ofthe complete description of all regulated transactions and of
all parties entering 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.
.1. 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 pertaining
to firearms transactions shall be kept for a minimum oftwentv (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 designated Internet
online service approved bv the Meridian Police Department. in a method and fashion
approved bv the Chief of Police or designee.
3-5-1110: 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-Y11: 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 ofthe 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: .\PPK\L FROM DENIAL OF LICENSE:
1'.. Time Limit For ;\f'f'eal: Vi'ithiH Bve (5) days, exe1udiFlg weekends æld legal helidays,
from refusal of taø City Clerk te issue or realé1v: a lieønsø under this Chapter, the
af'f'lioælt for a liøøFlse may appøal to the City Council for the purposø efhaving tho
City Cøußcil review tfle actiofl of tfie City Clerk.
B. Appeal In 'Vriting: The af'f'eal BY thø lieensee or tfie applicant ìNhose liconse has boon
refused must be in writiFlg and shall set forth the reasøll \vhy sueltlicense sheuld not
be røfused.
C. Hearing Befere Council: The City CouRoil shall heíK the appeal '.'.'ithin thirty (30)
days, excludiHg weekends amI legal holiè.ays, after the filing thereof, and shall rønder
its deoisioH '.vitfiiß twenty (29) days, exe1uè.ing v;eekøRè.s and legal hølidays, after
said heariag. The decisioH øfthe majority of the City Council maybe appealed tø the
Fourth Judieial Distriot C0æ1: pursuant 10 tfie Idaho .^"àæinistrative ProceduŒs }..ot .
J S 1<1: REVOCATION OR SUSPENSION OF LICENSE:
/\. Causes For Revøcation: The City Council shall have the pov:er to rØ\'oke or suspend
æl)' lieense granteEl in aooordaaee with this Chapter for any of the following causes:
1. Fræ:lè., misreprøsefttation or false statøment eøFltained in the Itf'plication for lieense;
2. Frauè., misrepreseFltation or falsø statement made iH the course of carrying on the
business ef a pawnbroker;
3. 1'JIY other vielatioFl of this Chapter;
< . THe hiring of any f'erson who has been convieteEl of a felony, or has been convieted
of any ether crime, '.vhether felony or misdemeanor, involviFlg moral tæ:pitude within
the five (5) yeíKs immediately preceding the date of being effij3loyed; or
5. Convietiøn of any felølTY or misdømeanør involving fral:1d, tlieft, dishonesty or
receiving or possessing stoløR prøf1erty, or any other eriæe involving moral tœpitl:1de.
B. HeariHg: Prior to any revecatiofl or suspønsieH, the lioØflsøø shall be grantød thø
opportooity for a publie Hearing Before thø City CotHlcil, whieltHearing shall be held
not læer than twenty (29) days after v:ritteR Høtice to the lioeFlsøe of intent to rø\'øke
or Sl:1Sf1eFlè.. Such notice sHall specify the date, time and place of hearing and shall
state the f'roposed basis for the suspension or revøcation æld shall bø delivered to thø
lioønsee personally or mailød to the lieensee at the aàèfess set forth in the license
application. If, after suelt pl:1Òlie hearing, the City Cøu.ncil determines that one or
mere of the grotHlds fer revocation øxists, it may revokø thø license.
C. Apf'eal: The decisioH of the City Col;1neil may be appea:!od to tfie Fourth Judicia:!
Distriet Court pœ-SU8flt to the Idaho .\dmiaistrative Proøødœ-es .\et.
PAWNBROKER ORDINANCE AMENDMENT
Page 9 of 12
J S IS: PROHIBITED ACTS:
i'~. i'~ctiøBS OfPavlllbroker, Agøat Or Employee: It shall be unlawful for any pawnBrokør
or any ølørk, agent, e~løye6 of a pawnbroker tØ:
1. ~\cquire, by purchase, trade, exchange or otflerv:ise, goods Beariag evidence of a
serial number whiøh has been tampered with ør scratehed or oblitørated in any matter
unless Sl:leh persøfl immediately cofl-tacts the Police Departmønt;
2. ~\cceflt, BUY or exchange æl)' artiûløs flrior to examifling tfle idefl-tifying credemiaIs
of the person sølling or exchangiNg said articles;
3. Fail to maintain thø records required liadør 8øetion 3 5 5 of this Chapter, or fail to
maintaifl sueh reøord as to any item of whiøh reeord is required to be maintained
uader said geetiøa 3 5 5, or fail to make æl eatry of any material matter in the røcord
of any transaøtion;
1. Make any falsø entry in the record required BY gection 3 5 5 of this Chapter;
5. Obliterate or destrøy the record required by Seetion 3 5 5 of this Chapter;
pro'lided, however, fHat such reøords may be destfeyed at the eKpiration of the one
year retention period presøri8ed ia Section 3 5 5 ofthis CHaflter;
6. Refuse to allow any law oofereømønt officer to iaspeøt the reeord røquired by
Section 3 5 5 of this Chaflter ØT any articles in his possøssion during normal business
hetifst
7. RefJørt any material matter falsely to a law enforcømefl-t offiøer;
8. ~\efltiire by purehase, trade, øxooange Of etherwise, any artides from any person
1:1fI.der eighteøn (18) years of age, witfløut the express '.vritlen øonsent of his or her
parent or gliardian or unless said minor is tfte head of a family;
9. Fail to report feft.I¥.vith to the Police Departmeftt the receipt of any property v.4lieH
the pawnbrokør has geed sause to believe has beøn lest ør stelen, together with thø
name of the OWNer, if1Œø\vn, and the date when and the flame øfthe person from
whom the property was reeei'led; or
10. Hire er employ any persoN who has beeR eoFl'lÏcted of any felony, or has beøa
convicted of any other erime, whether felony or misdemeanor, involving moral
turpitude within the five (5) years immediately preceding the date ofthø filing of the
aflfllieation.
B. False Iafermation: It shall be unlawful fer aflY person to use a false name, a fictitious
address, ør any address other than thø truø address, ar to furnish any false, untrue or
misleading inf{)rmation or statømønt relating to the iaformation required by Sectiofl 3
5 5 ofthis Chapter.
C. Goods Under Contraût: It shall bø ualawful fer aflY person to pledge or sell any goods,
eHattels or effects, or any personal property leased er løt 1ø him by an)' instrumefl-t in
writiag liaEler a contract or purûhase not yet fulfilled.
3 5 Hi: PEN~'\L TY:
~'\ny person violating any of thø flra':ÎsioRS of this Chapter shall be guilty of a
misdømeælor and, upON eøavietiøn thereof, shall be subject to penalty as provided in
Section 1 1 1 of this Code fer each violation.
3-5-12: PROHIBITED ACTS BY PAWNBROKERS:
PAWNBROKER ORDINANCE AMENDMENT
Page 10 of 12
The following acts bv a pawnbroker or anvperson acting on behalf of the pawnbroker.
including the emplovees and agents of a pawnbroker. shall constitute a violation ofthis
Chapter:
A. Failure to make a record of anv transaction as described in this Chapter.
B. Falsifying anv official record or entrv on an official record required to be kept
pursuant to this Chapter.
C. Obliterating. destroying. or removing ttom the place of business anv records required
to be kept pursuant to this Chapter.
D. Refusin!2: 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 located at the place of
business. during relrular 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 allowing removal of Pfopertv ttom the business premises within seven
(7) davs after the receipt of said propertv. Excludeq ttom this restriction are
transactions in gold and silver bullion or coins.
H. Entering 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 rendering unreadable occurred as the result of normal wear and tear.
1. Enterin!2: into a regulated transaction with a minor or incompetent person.
J. Entering into a regulated transaction with a person under the influence of dru!2:s or
alcohol.
K. Entering into a regulated transaction with a known thief or receiver of stolen propertv.
or known associates of such. whether the person is acting on their own behalf or as
the agent of another.
L. Entering into a regulated transaction with a person without requiring production of
photo identification issued to that person bv a governmental agencv.
M. Employment of a person not meetin!2: the qualifications of this Chapter.
N. Anv other violation ofthe 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 pledge or sell anv propertv to a pawnbroker or
the pawnbroker's emplovees or agents. knowing the propertv is stolen.
C. It shall be a violation for anv person to pledge or sell anv propertv to a pawnbroker or
the pawnbroker's emplovees or agents. knowing the propertv is leased or let to him or
another bv anv instrument in writin!2: 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 violating anv provision
of this Chapter shall be guiltv 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 (1/2) 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
r:Ttdtj
¡SJ?
,2006.
of
., ~ .:!=-
PASSED by the City Council of the City of Meridian, Idaho, this ?-'
day of ~ a 7-- - ' 2006.
APPROVED by the Mayor of the City of Meridian, Idaho, this :2-~ day
/J2 a ï- ' 2006.
APPROVED:
~
ATTEST:
-
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- l Z 30
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 cllrr,� �/I s{j' N2006 passage and publication.
OF
Mayor and City Council of e ity ofke ' ian
By: William G. Berg, Jr., City Clerk
First Reading: S 2 —o ( �dop c1P fter first r ng ' suspension of the
Rule as allowed pursuant to Idaho Cod65 NO
Second Reading:
STATEMENT OF MERIDIAN CITY AT'Y'O'WW AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 06- /Z 30
The undersigned, William L.M. 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-_ / Z 3 O of the 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 § 50-901A (3).
DATED this day of , 2006.
William. L.M. Nary; City Attorney
PAWNBROKER ORDINANCE AMENDMENT SUMMARY Page 1 of 1