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463 Pawnbroker License2~9 WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall take effect and shall be in full force and effect from and after its passage, approval and publication, as required by law. PASSED BY THE CITY COUNCIL April 7 1986 PASSED BY THE MAYOR April 7 ., 1986 (SEAL) ATTEST: ORDINANCE N0. 463 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE III OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE ADDITION THERETO~OF PROVISIONS FOR REGULATING AND LICENSING PAWNBROKERS AND PROVIDING PROVISIONS FOR DEFINITIONS; APPLICATION; LICENSE REQUIRED, APPLICATION; AND PROCEDURE; LICENSE FEE; RECORDS, MONIRS AND INTOXICATED PERSONS; SALES; FORFEITURES; HOURS OF OPERATION; REPORTS TO CHIEF OF POLICE; NOTICE FROM POLICE DEPARTMENT; STOLEN PROPERTY; RETURN TO TRUE OWNER; APPEAL FROM DENIAL OF LICENSE; REVOCATION OR SUSPENSION OF LICENSE; VIOLATIONS; AND PENALTIES AND PROVIDIPG AN EFFECTIVE DATE. WHEREAS, i;he City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of the City of Meridian to amend Title III of the Revised and Compiled Ordinances of the City of Meridian; by the addition thereto of a Chapter relating to pawnbrokers; WHEREAS, under~Idaho Code, 50-302, the City of Meridian has authority to make such ordinances, rules, regulations and resolutions as may be expedient to maintain the good government and welfare of the City and its trade, commerce and industry; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title III of the Revised and Compiled Ordinances of the City of Meridian is hereby amended by the addition thereto of Chapter 20, Pawnbrokers which shall read as follows: 3-2001: DEFINITION PAWNBROKER: Every person, firm, partnership, association or corporation who makes it a business, or conducts or operates a business, to take or receive, by the way of pledge, pawn, exchange or hypothecation, any goods, wares, or merchandise or any kind of personal property whatever, as security for the repayment of money lent thereon, including the payment of interest on the money lent, or who makes it a 290 business of receiving or purchasing personal property or other valuables for the purpose of selling the same back again at a stipulated price; or makes it a business of lending money secured by a chattel mortgage, UCC financing statement or personal property while keeping possession of the item of property placed+ as security; for all intents and purposes under this Chapter is hereby defined as a pawnbroker and shall be governed by the terms of this Chapter. 3-2002: APPLICATION: This Chapter shall be applicable to the principals of any entity performing any activity regulated by this Chapter and to their agents and employees. Every pawnbroker regulated hereunder shall be liable for all the penalties provided herein for violation of any provision of this Chapter, whether such violation be committed by himself or his agent, clerk or employee. 3-2003: LICENSE REQUIRED; APPLICATION; AND PROCEDURE (A) It shall be unlawful for any person, firm, partnership, association or corporation 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) 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 of Meridian or any other City in this State or of~the 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 traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefore; that upon change of employees the above information shall be forwarded to the City Clerk 10 days after the hiring of a new employee. (C) Upon receipt of any application for a license, the City Clerk shall cause an investigation to be made of the applicant or applicants. Also, upon receipt of the name of anew employee, the City Clerk shall cause an investigation to be made of the employee. Such investigation shall be completed with thirty (30) days. (D) No person or entity shall be issued a license to engage in the business of a pawnbroker when that pawn: 1. Is under the age of eighteen (18) years; 2. Is not a bona fide owner of such business; 3. Has had a similar license revoked by this City or any other city of this State or of the United States within five (5) years immediately preceding i<he date of the filing of the application; 4. Has been convicted of any felony, or has been convicted of any other crime, whether felony or misdeameanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application; 5. Has misrepresented or made a false or fraudulent statement of material or revelant facts contained in the application; ~r 29 6. Has engaged in a fraudulent transaction or enterprise. (E) 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 cor- poration or association and with regard to each employee. (F) Upon completion of the investigation, the City Clerk, shall issue, subject to Meridian City Council approval, and approval of the Chief of Police, and upon payment of prescribed license fee, a license Which shall expire at the end of the calendar year, unless sooner revoked or surrendered. (G) The City Clerk shall notify the applicant if his license is dis- approved, the reasons therefor and advise him of the appeal procedure. (H) Licenses shall not be transferable, either as to person or place. The license issued hereunder shall be posted conspicuously in each place of business named therein. 3-2004: 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). 3-2005: RECORDS: Every pawnbroker shall keep a record of every article pledged with him, or sold to him or received by him, and this record shall be open to the inspection of any police officer at any time during the hours of the pawn- broker's business. Such record shall. be upon the form as may be required by the Chief of Police and shall provide the following information: (A) Name of pawnbroker; (B) Name, address, date of birth, sex, height, weight, and social security number of pledger or seller; (C) The date of the transaction, the article pledged or sold together with its description including the make, model number, serial number, or if such number does not exist.,-such other type of identification such as color, size, identifying marks, as well as the amount of the loan. An individual copy of such record shall be made for each article pawned. (D) The pledgor or seller's motor vehicle operator's license number or Idaho I.D. or military I.D. and the state of issue. (E) Signatures by both pawnbroker and pledger or seller. .. (F) All forms must be filled out in legible manner, and shall be filled out by the broker or his agent (employee). (G) Every record shall be executed by the pawnbroker and the pledger or seller at the time the transaction occurs. The pawnbroker shall compare the signature upon the transaction record with the signature on the seller's identification. All pawnbrokers reports shall be made in triplicate, one (1) to be retained by the pawnbroker and (2) copies to be available to the Police Department upon request. The record required to be maintained shall be retained for a period of one year after the date of the transaction. 3-2006: MINORS AND INTOXICATED PERSONS: No.Pawnbroker shall: (A) Buy items of value or loan money on property to any person under 18 years of age. This provision shall not prevent sales to any person regardless of age. (B) Have any business dealings as a pawnbroker with a person who is .under the influence of alcoholic beverages or drugs such that it impairs his business judgment.- 3-2007: SALES: No personal property purchased by a pawnbroker at his place of business 292 shall be sold or removed from such place of business fora 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 or silver bullion or coins. 3'-2008: 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 pawn- broker shall automatically extend the loan repayment period another thirty (30) days. 3"2009: HOURS OF OPERATION: Legal hours for pawnbrokers, as herein defined, '~ may be between the hours at 7:00 am and 10:00 pm each day unless special permission is obtained from the Chief of Police. 3''2010: REPORTS TO CHIEF OF POLICE: The Chief of Police or other officers of the Meridian Police Department may, at their discretion, require a written report of said business transactions, and inuring the business hours of every day may conduct a personal examination of any articles pledged or sold or inspect the books or records of such pawnbroker showing the articles or things purchased or pawned. 11: 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;2012: STOLEN PROPERTY; RETURN TO THE TRUE OIdNER: (A) 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 therefore, 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 Meridian Police Department for 30 days in order to allow the pawnbroker to seek judicial determination of ownership. If such action is not filed within 30 days, the item will be returned by the Meridian_.Police Department to the recorded owner. (B) 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 writin to pursue a course of criminal prosecution which could result in restitution for any victimized party. 3'', !2013: APPEAL FROM DENIAL OF LICENSE: Within five (5) days, excluding ~,~eekends and legal holidays, from refusal of the City Clerk to issue or renew a License under this Chapter, the applicant for a license may appeal to the 293 City Council. for the purpose of having the City Council review the action of the City Clerk. The appeal by the licensee or the applicant whose license has been refused must be in writing and shall set forth the reason why such license should not be refused. i The City Council shall hear the appeal within thirty (30) days, excluding weekends. and legal holidays, after the filing thereof, and shall render its decision within twenty (20) days, excluding weekends and legal ho lidays, after said hearing. The decision of the majority of the City Council may be appealed to the Fourth Judicial District Court pursuant to the Idaho Administrative Procedures Act. 3-2014: REVOCATION OR SUSPENSION OF LICENSE: The City Council shall have the power to revoke or suspend any license granted in accordance with this Chapter for any of the following causes: (A) Fraud, misrepresentation or false statement contained in the application for license; (B) Fraud, misrepresentation or false statement made in the course of carrying on the business of a pawnbroker; (C) Any other violation of this Chapter.; or (D) The hiring of any person who has been convicted of a felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of being employed; (E) Conviction of any felony or misdemeanor involving fraud, theft, dishonesty or receiving or possessing stolen property, or any other c~ime~involving moral turpitude. (F) Failure to pay any tax levied by the Idaho State Tax Commission pursuant to Idaho Code, Section 63-2313. Prior to any revocation or suspension, the licensee shall be granted the opportunity for a public hearing before the City Council, which hearing shall be held not later than twenty (20) days after written .motice to the licensee of intent to revoke or suspend. Such notice shall specify 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 personally or mailed to the licensee at the address set forth in the license application. If, after such public hearing, the City Council determines that one or more of the grounds for revocation exists, it may revoke the license. The decision of the City Council may be appealed to the Fourth Judicial District Court pursuant to the Idaho Administrative Procedures Act. 3-2015: VIOLATIONS: (A) It shall be unlawful for any pawnbroker or any clerk, agent, employee or a pawnbroker to: 1. Acquire, by purchase, trade, exchange or otherwise, goods bearing evidence of a~serial~number which has been tampered with or scratched o.r obliterated in any matter unless such person imme- diately contacts the Meridian Police Department; 2. Accept, buy or exchange any articles prior to examining the identifiying credentials of the person selling or exchanging-said articles; :5 3. Fail to maintain the records required under Section 32005, or fail to maintain such record as to any item of„which record is re- quired to be maintained under Section 3-2005, or fail to make an entry of any material matter in the reocrd of any transaction; 4. Make any false entry in the record required by Section 3-2005; 294 5. Obliterate or destroy the record required by Section 3-2005; provided, however, that such records may be destroyed at the expiration of the one-year retention period prescribed in Section 3-2005; 6. Refuse to allow any law enforcement officer to inspect the record required by Section 3-2005 or any articles in his possession during normal business hours; 7. Report any material matter falsely to a Taw enforcement officer; 8. Acquire by purchase, trade, exchange or otherwise, any articles from any person under eighteen (18) years of age, without the express written consent of his or her parent or guardian or unless said minor is the head of a family; or 9. Fail to report~-forthwith to the Meridian City Police Department the receipt of any property which the pawnbroker has good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and~the name of the person from whom the property was received.' ' 10. Hire or employ any person who has been convicted of any felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application; (B) It shall be unlawful for any person to use a false name, a fictitious address, or any address other than the true address, or to furnish any false, untrue or misleading information or statement relating to the information required by Section 3-2005. (C) It shall be unlawful for any person to pledge or se71 any goods, chattels or effects, or any personal property leased or let to him by instrument in writing under a contract or purchase not yet fulfilled. 3-2016: PENALITIES: Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than irhree hundred dollars ($300.00), or by imprisonment in the County jail for not more than thirty (30) days, or by both such fine and imprisonment for each violation. SECTION 2. WHEREAS, there is an emergency therefore, which emergency is by ,declared to exist, this Ordinance shall take effect and be in force from after its passage, approvala,nd. publication as required by law. PASSED by the City Council and approved~by the Mayor of the City of Meridian, County, Idaho, thi s ~, day of ~;c~ ~- ~ ~•~ T986. APPROVED: MA R, GRAPJT P. KI GSFORD EST: ORDINANCE NO. -Y4-3 T= AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE III OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE ADDITION THERETO OF PROVISIONS FOR REGULATING AND LICENSING PAWNBROKERS AND PROVIDING PROVISIONS FOR DEFINITIONS; APPLICATION; LICENSE REQUIRED, APPLICATION, AND PROCEDURE; LICENSE FEE; RECORDS, MINORS AND INTOXICATED PERSONS; SALES; FORFEITURES; HOURS OF OPERATION; REPORTS TO CHIEF OF POLICE; NOTICE FROM POLICE DEPARTMENT; STOLEN PROPERTY, RETURN TO TRUE OWNER; APPEAL FROM DENIAL OF LICENSE; REVOCATION OR SUSPENSION OF LICENSE; VIOLATIONS; AND PENALTIES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of the City of Meridian to amend Title III of the Revised and Compiled Ordinances of the City of Meridian; by the addition thereto of a Chapter relating to pawnbrokers; WHEREAS, under Idaho Code, 50-302, the City of Meridian has authority to make such ordinances, rules, regualtions and resolutions as may be expedient to maintain the good government and welfare of the City and its trade, commerce and industry; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title III of the Revised and Compiled Ordinances of the City of Meridian is hereby amended by the addition thereto of Chapter 20, Pawnbrokers which shall read as follows: AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone888.4481 3-2001: DEFINITION PAWNBROKER: Every person, firm, partnership, association or corporation who makes it a business, or conducts or operates a business, to take or receive, by way of pledge, pawn, exchange or hypothecation, any goods, wares, or merchandies, or any kind of personal property whatever, as security for the repayment of money lent thereon, including the payment of interest on the money lent, or who makes it a business of receiving or purchasing personal property or other valuables for the purpose of selling the same back again at a stipulated price; or makes it a business of lending money secured by a chattel mortgage, UCC financing statement or personal property while keeping possesion of the item of property placed as security; for all intents and purposes under this Chapter is hereby defined as a pawnbroker and shall be governed by the terms of this Chapter. 3-2002: APPLICATION: This Chapter shall be applicable to the principals of any entity performing any activity regulated by this Chapter and to their agents and employees. Every pawnbroker regulated hereunder shall be liable for all the penalties provided herein for violation of any provision of this Chapter, whether such violation be committed by himself or his agent, clerk or employee. 3-2003: LICENSE REQUIRED; APPLICATION; AND PROCEDURE (A) It shall be unlawful for any person, firm, partnership, association or corporation 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) 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. her AMBROSE, license etrevokedthe bapthecaCit nt has had a similar FITZGERALDother city in this State or of the UnOf eridian or any d CROOKSTON OOK or Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone888-4461 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 penaalty assessed therefor. 4. The name and address of each employee of the business and whether that employee has been convicted of any felony or misdemeanaors, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefore; that upon change of employees the above information shall be forwarded to the City Clerk 10 days after the hiring of a new employee. (C) Upon receipt of any application for a license, the City Clerk shall cause an investigation to be made of the applicant or applicants. Also, upon 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 with thirty (30) days. (D) No person or entity shall be issued a license to engage in the business of a pawnbroker when that pawn: 1. Is under the age of eighteen (18) years; 2. Is not a bona fide owner of such business; 3. Has had a similar license revoked by this City or any other city of this State or of the United States within five (5) years immediately preceding the date of the filing of the application; 4. Has been convicted of any felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application; 5. Has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application; or FTZGERALD 6• Has engaged in a fraudulent transaction or &CROOKSTON enterprise. Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 8884461 (E) 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) Upon completion of the investigation, the City Clerk, shall issue, subject to Meridian City Council approval, and approval of the Chief of Police, and upon payment of prescribed license fee, a license which shall expire at the end of the calendar year, unless sooner revoked or surrendered. (G) The City Clerk shall notify the applicant if his license is disapproved, the reasons therefor and advise him of the appeal procedure. (H) Licenses shall not be transferable, either as to person or place. The license issued hereunder shall be posted conspicuously in each place of business named therein. 3-2004: 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). 3-2005: RECORDS: Every pawnbroker shall keep a record of every article pledged with him, or sold to him or received by him, and this record shall be open to the inspection of any police officer at any time during the hours of the pawnbroker's business. Such record shall be upon the form as may be required by the Chief of Police and shall provide the following information: (A) Name of pawnbroker; (B) Name, address, date of birth, sex, height, weight and social security number of pledger or seller; (C) The date of the transaction, the article pledged or sold together with its description including the make, model number, serial number, or if such number does not exist, such other type of identification such as color, size, identifying marks, as well as the amount of the loan. An individual copy of such record shall be made for each article pawned. AMBROSE, FITZGERALD ( D ) The g &CROOKSTON pled or or Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888J481 seller's motor vehicle operator's \mool license number or Idaho I.D. or military I.D. and the state of issue. (E) Signatures by both pawnbroker and pledger or seller. (F) All forms must be filled out in legible manner, and shall be filled out by the broker or his agent (employee). (G) Every record shall be executed by the pawnbroker and the pledger or seller at the time the transaction occurs. The pawnbroker shall compare the signature upon the transaction record with the signature on the seller's identification. All pawnbrokers reports shall be made in triplicate, one (1) to be retained by the pawnbroker and (2) copies to be available to the Police Department upon request. The record required to be maintained shall be retained for a period of one year after the date of the transaction. 3-2006: MINORS AND INTOXICATED PERSONS: No pawnbroker shall: (A) Buy items of value from or loan money on property to any person under 18 years of age. This provision shall not prevent sales to any person regardless of age. (B) Have any business dealings as a pawnbroker with a person who is under the influence of alcoholic beverages or drugs such that it impairs his business judgment. 3-2007: 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. 3-2008: 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. AMBROSE, 3-2009: HOURS OF OPERATION: Legal hours for pawnbrokers, as FITZGERALDherein defined, may be between the hours of 7:00 am and & CROOKSTON OOK Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888 4487 10:00 pm each day unless special permission is obtained from the Chief of Police. 3-2010: REPORTS TO CHIEF OF POLICE: The Chief of Police or other officers of the Meridian Police Department may, at their discretion, require a written report of said business transactions, and during the business hours of every day may conduct a personal examination of any articles pledged or sold or inspect the books or records of such pawnbroker showing the articles or things purchased or pawned. 3-2011: 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. 3-2012: STOLEN PROPERTY; RETURN TO THE TRUE OWNER: (A) 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 enforce- ment 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 therefore, and presents proper identification showing his name, address, Social Security number and signature. 3• If a disagreement exists concerning the AMBROSE, ownership of property, the item shall be held by FITZGERALD the Meridian Police Department for 30 days in order &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone888-4461 to allow the pawnbroker to seek judicial determination of ownership. If such action is not filed within 30 days, the item will be returned by the Meridian Police Department to the recorded owner. (B) 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. 3-2013: APPEAL FROM DENIAL OF LICENSE: Within five (5) days, excluding weekends and legal holidays, from refusal of the City Clerk to issue or renew a license under this Chapter, the applicant for a license may appeal to the City Council for the purpose of having the City Council review the action of the City Clerk. The appeal by the licensee or the applicant whose license has been refused must be in writing and shall set forth the reason why such license should not be refused. The City Council shall hear the appeal within thirty (30) days, excluding weekends and legal holidays, after the filing thereof, and shall render its decision within twenty (20) days, excluding weekends and legal holidays, after said hearing. The decision of the majority of the City Council may be appealed to the Fourth Judicial District Court pursuant to the Idaho Administrative Procedures Act. 3-2014: REVOCATION OR SUSPENSION OF LICENSE: The City Council shall have the power to revoke or suspend any license granted in accordance with this Chapter for any of the following causes: (A) Fraud, misrepresentation or false statement contained in the application for license; (B) Fraud, misrepresentation or false statement made in AMBROSE, the course of carrying on the business of a pawnbroker; FITZGERALD d CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 (C) Any other violation of this Chapter; or (D) The hiring of any person who has been convicted of a felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediatley preceding the date of being employed; (E) Conviction of any felony or misdemeanor involving fraud, theft, dishonesty or receiving or possessing stolen property, or any other crime involving moral turpitude. (F) Failure to pay any tax levied by the Idaho State Tax Commission pursuant to Idaho Code , Section 63-2313. Prior to any revocation or suspension, the licensee shall be granted the opportunity for a public hearing before the City Council, which hearing shall be held not later than twenty (20) days after written notice to the licensee of intent to revoke or suspend. Such notice shall specify 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 personally or mailed to the licensee at the address set forth in the license application. If, after such public hearing, the City Council determines that one or more of the grounds for revocation exists, it may revoke the license. The decision of the City Council may be appealed to the Fourth Judicial District Court pursuant to the Idaho Administrative Procedures Act. 3-2015: VIOLATIONS: (A) It shall be unlawful for any pawnbroker or any clerk, agent, employee of a pawnbroker to: 1. Acquire, by purchase, trade, exchange or otherwise, goods bearing evidence of a serial number which has been tampered with or scratched or obliterated in any matter unless such person immediately contacts the Meridian Police Department; 2. Accept, buy or exchange any articles prior to examining the identifying credentials of the person selling or exchanging said articles; AMBROSE, 3. Fail to maintain the records required under FITZGERALD &CROOKSTON Section 3-2005, or fail to maintain such record as STO Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone888-4461 *-..,/ '4=10 AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors to any item of which record is required to be maintained under Section 3-2005, or fail to make an entry of any material matter in the record of any transaction; 4. Make any false entry in the record required by Section 3-2005; 5. Obliterate or destroy the record required by Section 3-2005; provided, however, that such records may be destroyed at the expiration of the one-year retention period prescribed in Section 3-2005; 6. Refuse to allow any law enforcement officer to inspect the record required by Section 3-2005 or any articles in his possession during normal business hours; 7. Report any material matter falsely to a law enforcement officer; 8. Acquire by purchase, trade, exchange or otherwise, any articles from any person under eighteen (18) years of age, without the express written consent of his or her parent or guardian or unless said minor is the head of a family; or 9. Fail to report forthwith to the Meridian City Police Department the receipt of any property which the pawnbroker has good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom the property was received. 10. Hire or employe any person who has been convicted of any felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application; (B) It shall be unlawful for any person to use a false name, a fictitious address, or any address other than the true address, or to furnish any false, untrue or misleading information or statement relating to the information required by Section 3-2005. (C) It shall be unlawful for any person to pledge or sell any goods, chattels or effects, or any personal P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 u property leased or let to him by any instrument in writing under a contract or purchase not yet fulfilled. 3-2016: PENALITIES: Any person violating any of the provisions of this Chapter shall be guilty of a misdeameanor and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment in the County jail for not more than thirty (30) days, or by both such fine and imprisonment for each violation. Section 2. WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this i- day of -z)J _-a - C' (A , 1986. ST: AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 , J)ICK SUMMARY OF ORDINANCE NO. � On March 3, 1986, at its regular meeting on the first Monday of the month the Meridian City Council passed and approved Ordinance No. which Ordinance amends Title 7, of the Revised and Compiled Ordinances of the City of Meridian by the addition of Chapter 20 pertaining to Pawnbrokers; the Title of Ordinance (p reads as follows: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE III OF THE REVISED AN COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE ADDITION THERETO OF PROVISIONS FOR REGULATING AND LICENSING PAWNBROKERS AND PROVIDING PROVISIONS FOR DEFINITIONS; APPLICATION; LICENSE REQUIRED, APPLICATION, AND PROCEDURE; LICENSE FEE; RECORDS; MINORS AND INTOXICATED PERSONS; SALES; FORFEITURES; HOURS OF OPERATION; REPORTS TO CHIEF OF POLICE; NOTICE FROM POLICE DEPARTMENT; STOLEN PROPERTY, RETURN TO TRUE OWNER; APPEAL FROM DENIAL OF LICENSE; REVOCATION OR SUSPENSION OF LICENSE; VIOLATIONS; AND PENALTIES AND PROVIDING AN EFFECTIVE DATE. The principal provisions of Ordinance No. —Va are: 1. It provides a definition of Pawnbroker which is generally any person or entity that takes or receives AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 ... AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 personal property as security for the repayment of money lent thereon or who receives or purchases personal property for the purpose of selling the same back at a stipulated price. 2. It provides for licensing of pawnbrokers with provisions for application and procedures and requirements to be licensed; that application for licenses is made to the City Clerk; it provides for investigation of the applicant and his or its employees or owners; it provides for a $100.00 license fee. 3. It provides grounds and procedures for denial of licenses and grounds and procedures for the suspension or revocation of licenses and for appeal. 4. It provides that every pawnbroker shall maintain records of every transaction and that such records shall be open to inspection by any police officer; that the records shall be on a form as required by the Chief of Police and states what information the form shall require. 5. It prohibits transactions with minors and intoxicated persons; it prohibits resale of personal property, except gold and silver bullion or coins, for seven days; it provides for a period of time which must expire before property can be forfeited; it prescribes the hours of business which may be maintained. M AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldian, Idaho 83642 Telephone888.4461 6. It provides that Meridian Police Officers may require a written report of the transactions and may conduct a personal examination of articles sold or purchased and may inspect the books or records of the pawnbroker which shows the articles purchased; it provides that the Meridian Police Officers may order in writing that the pawnbroker not sell an item of personal property or allow it to be redeemed for a period of 60 days which period may be renewed. 7. It provides that any law enforcement agency which determines that any article has been stolen may require the return of that article to the law enforcement agency or the true owner and the true owner shall not be liable to the pawnbroker for any money or value expended by the pawnbroker for the article; it provides for a procedure for return of stolen articles. 8. It provides for violation of the Ordinance and penalties for said violation which are that any person or entity found to have violated the Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300.00, or by imprisonment in the county jail for not more than thirty (30) days, or both such fine and imprisonment for each violation. 9. It provides for an emergency effective date and Ordinance No. b will be effective upon publication of this summary. The public is additionally informed that the full text of Ordinance No. (0 _ is available for inspection or copying at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho. This Summary was approved by the Meridian City Council on March 3, 1986 at its first regular meeting in March. DATED this day of LWc7: C k , 1986. Jack NiemanX, City Clerk AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 ATTORNEY'S CERTIFICATE The attached Summary Ordinance No. 6 3- is true and If complete and provides adequate notice to the public of said Ordinance No. L,!(,� which is an Ordinance establishing licensing for Pawnbrokers and procedures, revocation and suspension and penalties. DATED this C215 day of , 1986. Z4�2� /,17f Wayde G. Crookston, i City Attorney City of Meridian AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461