07-1318 City Code Pawnbrokers Ordinance
CITY OF MERIDIAN
ORDINANCE NO.
(J7- /3/8
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, OF THE MERIDIAN
CITY CODE REGARDING PAWNBROKERS: LICENSE FEE; SECTION
NUMBERING; 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, of the Meridian City Code is amended to
3-5-4: LICENSE FEE:
The City Clerk shall collect, before the issuance of any license or renewal thereof, an
annual license fee of one hundred dollars ($100.00).
3-5-4~: INSPECTION OF PREMISES:
Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on
behalf of the pawnbroker shall permit the inspection of the licensed pawnshop premises
and all property kept or stored therein. Any such inspection shall occur during the
pawnshop's regular and usual business hours.
3-5~~: PAWNSHOP EMPLOYEES:
A. No pawnbroker shall employ a minor to conduct regulated transactions as defined by
this Chapter.
PAWNBROKER ORDINANCE AMENDMENT FOR FEE
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B. No pawnbroker shall employ a person to conduct regulated transactions who has had
a previous business license of any type denied, revoked, or suspended by the City or
any other state or local agency within the five (5) years prior to employment.
C. No pawnbroker shall employ a person who has been convicted of a felony or theft-
related offense within the five (5) years prior to employment.
D. The holder of any pawnbroker's license shall be responsible for the compliance with
all the provisions of this Chapter by the agents and employees ofthe pawnbroker.
Any violations by such persons may result in the revocation or denial of the
pawnbroker's license.
3-5-&1: 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.
3-5-1~: 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.
3-5-82: HOURS OF OPERATION:
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..g10: RECORDS:
A. All records described in this Chapter shall be electronically entered and stored in
addition to paper records.
B. Every transaction shall be memorialized in writing and signed by the person with
whom the transaction is made. All parties to the transaction are entitled to receive a
copy ofthis written record. The written record of every regulated transaction shall
include the following information:
1. Name, address, telephone number, and store number of the pawnshop in which
the transaction took place;
2. the name of the employee conducting the transaction;
3. Nature and date ofthe transaction and an identification number for the
transaction;
4. Complete description of the property purchased, pledged, traded or co-signed
including, as applicable: brand name, make, model, serial number, color, size, and
any identifying marks. Additionally:
PAWNBROKER ORDINANCE AMENDMENT FOR FEE
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a. Jewelry shall be described with, as applicable, the type, weight, color, number
and description of stones, style, size or length, any 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;
5. Full name, complete current residential address, current phone number, date of
birth, race, sex, height, weight, hair and eye color of the person or persons with
whom the transaction is made;
6. Type, including state or governmental agency of issue, and identifying number of
the personal photo identification used by 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 payable or the repurchase option expires.
C. Production of Records: Upon request ofthe Chief of Police or designee, the
pawnbroker or anyone acting on behalf of the pawnbroker shall produce any records
required to be kept pursuant to this Chapter and shall permit the Chief of Police or
designee to examine them. Any such inspection shall occur during the pawnshop's
regular and usual business hours.
D. Retention of Records:
I. It shall be the duty of every pawnbroker to maintain in his place of business a
permanent record of the 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 electronically stored in addition to
paper records.
3. All records described in this Chapter shall be retained by the pawnbroker at the
licensed pawnshop for a minimum of one (1) year; except that records pertaining
to firearms transactions shall be kept for a minimum of twenty (20) years pursuant
to federal regulations.
E. Transmission of Records: The pawnshop's electronic record of a regulated transaction
shall be transmitted by noon the next business day to the designated Internet
online service approved by the Meridian Police Department, in a method and fashion
approved by the Chief of Police or designee.
3-54()11: NOTICE FROM POLICE DEPARTMENT:
Whenever the Chief of Police or any member ofthe 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-t-t12: STOLEN PROPERTY; RETURN TO TRUE OWNER:
PAWNBROKER ORDINANCE AMENDMENT FOR FEE
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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 of the 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.
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-Y13: PROHIBITED ACTS BY PAWNBROKERS:
The following acts by a pawnbroker or any person acting on behalf of the pawnbroker,
including the employees and agents of a pawnbroker, shall constitute a violation ofthis
Chapter:
A. Failure to make a record of any transaction as described in this Chapter.
B. Falsifying any official record or entry on an official record required to be kept
pursuant to this Chapter.
C. Obliterating, destroying, or removing from the place of business any records required
to be kept pursuant to this Chapter.
D. Refusing to allow the Chief of Police or designee to inspect the business premises, or
any books, records or other goods located or required to be located at the place of
business, during regular and usual business hours.
E. Transmittal of any false record to the police.
F. Failure to report the possession of property that may be lost or stolen.
G. Removal of or allowing removal of property from the business premises within seven
(7) days after the receipt of said property. Excluded from this restriction are
transactions in gold and silver bullion or coins.
H. Entering into a regulated transaction in which the property at interest is such property
that is manufactured or produced with a serial or identification number, and the said
PAWNBROKER ORDINANCE AMENDMENT FOR FEE
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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. Entering into a regulated transaction with a minor or incompetent person.
J. Entering into a regulated transaction with a person under the influence of drugs or
alcohol.
K. Entering into a regulated transaction with a known thief or receiver of stolen property,
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 by a governmental agency.
M. Employment of a person not meeting the qualifications of this Chapter.
N. Any other violation of the specific provisions ofthis Chapter not specifically
enumerated above.
3-5-H14: PROHIBITED ACTS BY PAWNSHOP PATRONS:
A. It shall be a violation for any 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 any person to pledge or sell any property to a pawnbroker or
the pawnbroker's employees or agents, knowing the property is stolen.
C. It shall be a violation for any person to pledge or sell any property to a pawnbroker or
the pawnbroker's employees or agents, knowing the property is leased or let to him or
another by any instrument in writing under a contract of purchase which is not yet
fulfilled.
3-5-1-415: EXEMPT TRANSACTIONS:
The provisions of this Chapter shall not apply to:
A. Auto title loans.
B. Payday loans.
3-5-lS16: PENALTY:
In addition to other penalties specified in this Chapter, any person violating any provision
ofthis Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine of not more than three hundred dollars ($300.00) or imprisonment in
the county jail for not more than ninety (90) days or by both such fine and imprisonment.
3-5-t617: SEVERABILITY:
If any provision or section of this Ordinance shall be held to be invalid by a court of
competent jurisdiction, then such provision or section shall be considered separately 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 III
conflict with this ordinance are hereby voided.
PAWNBROKER ORDINANCE AMENDMENT FOR FEE
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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 June 1, 2007..
PASSED by the City Council of the City of Meridian, Idaho, this
I~~
day of
/half
, 2007.
of
APPROVED by the Mayor of the City of Meridian, Idaho, this I ~ day
/J'LIl-J ,2007.
APPROVED:
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PAWNBROKER ORDINANCE AMENDMENT FOR FEE
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NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 07- / 3 Z $
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
PAWNSHOP ORDINANCE FOR LICENSE FEE
An Ordinance of the City of Meridian amending Title 3, Chapter 5, of the Meridian City
Code. A full text of this ordinance is available for inspection at City Hall, City Of,sfs1,101, ,e
Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall becort e C' e fr' #+� .`''•,F
upon passage and publication. ,tea`. A.V ,,�✓
Mayor and City Council of the City of eri _
By: William G. Berg, Jr., City Clerk �6`'
First Reading: � 5"9 7 Adopted after first reading by suspei4s�9d,o TA '
Rule as allowed pursuant to Idaho Code 50-902: YES_ NO
Second Reading: — Third Reading: = ''"<<<':I;
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 07- /.?/ $
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. 07- / 3/ 6 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 �Jrt' day of , 2007.
William. L.M. ary, City Atto ey
PAWNBROKER ORDINANCE AMENDMENT FOR LICENSE FEE Page 1 of 1