Loading...
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 Page 1 of6 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 Page 2 of6 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 Page 3 of6 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 Page 4 of6 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 Page 5 of6 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: "",,,"~.k? ,<,\ ..c{ ~ .\7:, ..... . ,:,'-' a '\ ~-;:;:::--"".:.' ., ~., . ....- .::: rOI,,\j'''f..~ '-" , >.:. ;:' ~'!!-' I~O " -~ - - - - - - :: 0 "\'j.l.~ .l:il ...". = 01:'.{~_L PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 6 of6 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