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
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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
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Merldlan, Idaho
83642
Telephone888-4461
*-..,/ '4=10
AMBROSE,
FITZGERALD
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Attorneys and
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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