HomeMy WebLinkAboutORDINANCE NO. 1053 ELECTRONIC PAWN TRACKING ORDINANCE0
a o
m
a
0
La 0Zm
X
ao�zZ'
�—nLLym
M Z,.,pyp
'00 M2
d 2 d
i �rva}
J
N XN $rc0
LU d v ¢ x
rcrrc�w
(0
c I I Y OF
REXBURG
Arnm. lnmil} Commumly
(Re-record Instrument # 363824 to correct typo's)
ORDINANCE NO. 1053
AN ORDINANCE ESTABLISHING REQUIREMENTS FOR THE
OPERATION OF PAWNBROKER SERVICES; PROVIDING FOR
THE REQUIREMENTS FOR RECORD MAINTENANCE;
PROVIDING FOR GENERAL PROVISIONS OF PAWNBROKER
SERVICES; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING WHEN SAID ORDINANCE
SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF REYBURG, IDAHO:
6.08.021: PAWNBROKER LICENSE REQUIRED:
A. The transactions set out herein are hereby declared to constitute the carrying out
of a pawnbroker business. It is unlawful for any person to own/operate any such
business or carry on any of the following business transactions without having
first obtained a pawnbroker's license to do so:
1. Loaning or advancing money, whether in the form of cash, check or draft,
to any person on the deposit, pledge, or bailment of personal property of
any kind as security for such loan or advancement when the personal
property may be repurchased by the parry upon paying of a sum of money;
2. Loaning or advancing money, whether in the form of cash, check, or draft,
upon a chattel mortgage(s) on personal property where the said property is
taken into the possession of the lender as security for the advancement or
loan upon any assignment(s), pledge(s) of earned or unearned salary,
wages, or earnings;
3. Loaning or advancing money, whether in the form of cash, check, or draft,
upon any contract or agreement which assigns, pledges, or binds the
earned or unearned salary, wages, or earnings of the borrower as security
for the loan or advancement.
B. A sign or advertisement indicating that a person or place of business is engaged in
any of the above types of transactions shall be considered prima facie evidence
that the operation constitutes a pawnbroker business, regardless of any business
name or term or phrase by which the business may be described.
6.08.051: LICENSE FEE:
The license fee for a pawnbroker as defined herein shall be fifty dollars ($50.00) per year
or fraction thereof.
6.08.052: SINGLE ACT CONSTITUTES PAWNBROKER BUSINESS:
The doing of any single act enumerated in section 6.08.021 of this chapter shall constitute
the carrying on of a pawnbroker's business within the meaning of this chapter.
6.08.061: ACCURATE RECORDS; TRANSACTION DETAILS REQUIRED:
A. It shall be the duty of every pawnbroker doing business in the city to maintain in
his place of business a permanent electronic record, through software compatible
with the city's law enforcement record system, of all parties entering into
transactions regulated by this chapter and a complete description of the
transactions. The pawnbroker shall be responsible for ensuring that each person
entering into a transaction provides a current driver's license or other
identification card issued by any state, federal, or local government which
includes a photograph in order to verify the person's identity. The information to
be transmitted shall include:
1. The nature and date of the transaction, and number identifying it.
2. The store identification number assigned by the city and the name and/or
employee identification number of the person conducting the transaction
on behalf of the pawnbroker.
Name, date of birth, sex, height, weight, race and address of the person
with whom the transaction is made.
4. Type and identifying number of the personal identification used by the
person with whom the transaction was made.
Complete description of the property pledged, bought, or consigned,
including as applicable, brand name; serial number; model number by
name; any initials or engravings or other identifying marks; size, pattern,
and type of jewelry, including color and cut information of any stones;
type of firearm, its caliber, barrel length, and type of action.
B. Every transaction shall be evidenced by a written document, signed by the person
entering into the transaction, and a copy shall be furnished to the pledger. The
document must contain, at a minimum, the date of the transaction, the term of the
loan, the date on which the loan is due and payable, and information that the
pledger has the right to redeem the pledge within five (5) days after the expiration
of the loan term. The signed original must be retained on file at the pawnbroker's
business address for at least one year.
C. All paper and computer records of property received and transactions made shall
be open to, and made available for, inspection by the city's law enforcement
personnel during the pawnbroker's normal business hours.
6.08.062: TRANSMITTAL OF DAILY REPORTS REQUIRED:
Every pawnbroker doing business in the city shall maintain in his place of business a
complete paper and electronic record as described in this chapter of all transactions
conducted either by him/herself or by his employees or other staff. A record of each day's
transactions shall be transmitted by five o'clock p.m. (5:00 p.m.) the following business
day to the Rexburg Police Department via electronic transfer or through such other
method as approved by the chief of police.
6.08.091: RETENTION OF PROPERTY:
A pawnbroker must retain any property received in pledge until ten (10) days after the
term of the original loan has expired. Provided, however, that gold, silver, and other
precious metals not in the form of jewelry may be disposed of as soon as the term of the
loan has expired.
6.08.101: STOLEN PROPERTY; NOTIFICATION; HOLDING PERIOD:
If a pawnbroker has reasonable cause to believe that any property received in the course
of his business is property that may have been lost or stolen, the pawnbroker shall
immediately report that fact in writing to the Rexburg Police Department, together with
the name of the owner, if known, the date of the transaction, and the name of the party
from whom the property was received. The Rexburg Police Department shall regularly
review the records provided by pawnbrokers and provide notice to any pawnbroker
whose records show property which appears to be stolen.
A. Notice To Hold Property: If a pawnbroker receives written or verbal notification
from the Rexburg Police Department that any item of property has been reported
stolen, and the pawnbroker has such item in his possession, the pawnbroker shall
hold that property separate, intact and safe from alteration, damage, or
commingling with other property, and shall place an identifying tag or other
clearly legible identification on the property.
B. Preliminary Verbal Notice; Fourteen Day Hold: Following receipt of verbal
notification by a member of the Rexburg Police Department that an item in his
possession might be stolen property, the pawnbroker shall hold the property for a
period of fourteen (14) working days, pending written confirmation from the
Rexburg Police Department. If a written hold notice is not received within the
said fourteen (14) days, the preliminary hold order shall expire and the
pawnbroker shall have no further duty to hold the property.
6.08.102: RELEASE OF HELD PROPERTY:
A. The Rexburg Police Department shall provide written notice as soon as practical
to a pawnbroker to release any hold placed on an item suspected of being stolen if
it has been determined that the item was not stolen or lost.
B. Whenever property that is being held by a pawnbroker pursuant to the provisions
above is required for criminal investigation or criminal proceedings, the Rexburg
Police Department shall provide twenty four (24) hour notice to the pawnbroker
who shall produce the property promptly and release it to the department. The
Rexburg Police Department shall provide a receipt for the property containing a
description of the property, the reason for the seizure, the criminal case number, if
applicable, the name of the pawnbroker and the name of the representative of the
Rexburg Police Department who accepted possession. The Rexburg Police
Department shall retain the property pending an order for its disposition from a
court of competent jurisdiction.
6.08.111: RECEIVING GOODS FROM CERTAIN PERSONS PROHIBITED:
It is unlawful for any pawnbroker or staff member to receive any property from any
person who is intoxicated or under the influence of drugs, or anyone under the age of
eighteen (18) years; provided, however, that a pawnbroker and/or his staff may receive
sports trading cards in pawn, pledge or for sale from persons under the age of eighteen
(18).
6.08.120: AGE OF EMPLOYEES AND STAFF:
It is unlawful for any pawnbroker to employ any clerk or person under the age of
eighteen (18) years or utilize the services of any person under the age of eighteen (18)
years to receive any pledge or make any loan.
6.08.130: PAWNBROKER RESPONSIBLE FOR COMPLIANCE:
The holder of any pawnbroker's license is hereby considered to be responsible for
compliance with the provisions of this chapter, and the license shall be subject to
revocation or denial of renewal for any and all acts of his employees or other staff in
violation of this chapter.
6.08.140: PENALTIES:
Any violation of the provisions of this chapter shall be considered a misdemeanor, and in
addition to possible revocation or denial of renewal of the license, the pawnbroker shall
be subject to the issuance of an Idaho uniform citation for the violation.
6.08.150: REPEAL:
All ordinance and parts of ordinance in conflict with this ordinance are hereby repealed.
6.08.160: SEVERABILITY:
The provisions of this ordinance are severable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutional or
inapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this ordinance or their application to other
persons or circumstances. It is hereby declared to be the legislative intent that this
ordinance would have been adopted if such illegal, invalid or unconstitutional provision,
clause sentence, subsection, word, or part had not been included therein, and if such
person or circumstance to which the ordinance or part thereof is held inapplicable had
been specifically exempt therefrom.
6.08.150: REPEAL:
All ordinance and parts of ordinance in conflict with this ordinance are hereby repealed.
6.08.160: SEVERABILITY:
The provisions of this ordinance are severable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutional or
inapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this ordinance or their application to other
persons or circumstances. It is hereby declared to be the legislative intent that this
ordinance would have been adopted if such illegal, invalid or unconstitutional provision,
clause sentence, subsection, word, or part had not been included therein, and if such
person or circumstance to which the ordinance or part thereof is held inapplicable had
been specifically exempt therefrom.
6.08.170: Effective Date: October 09, 2010
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS THE 6`h,
DAY OF October, 2010.
r
10chard ood an , Mayor
ATTEST:
Blair D. Kay, City Clerk
ss
County of Madison
I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify that
the above and foregoing is a full, true and correct copy of the Ordinance entitled:
AN ORDINANCE ESTABLISHING REQUIREMENTS FOR THE
OPERATION OF PAWNBROKER SERVICES; PROVIDING FOR THE
REQUIREMENTS FOR RECORD MAINTENANCE; PROVIDING
FOR GENERAL PROVISIONS OF PAWNBROKER SERVICES;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THE
PROVISIONS OF THIS ORDINANCE; REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING WHEN SAID ORDINANCE SHALL
BECOME EFFECTIVE.
Effective Date: October 09, 2010
Passed by the City Council and approved by the Mayor this the 6th day of
October, 2010.
Blair D. Kay, City Clerk
RAr
OF
r
C I r Y OF
REXBURV
Amm. E mill'Golwm rvily
CITY OF REXBURG, IDAHO:
6.08.021: PAWNBROKER LICENSE REQUIRED:
A. The transactions set out herein are hereby declared to constitute the carrying out
of a pawnbroker business. It is unlawful for any person to own/operate any such
business or carry on any of the following business transactions without having
first obtained a pawnbroker's license to do so:
1. Loaning or advancing money, whether in the form of cash, check or draft,
to any person on the deposit, pledge, or bailment of personal property of
any kind as security for such loan or advancement when the personal
property may be repurchased by the party upon paying of a sum of money;
2. Loaning or advancing money, whether in the form of cash, check, or draft,
upon a chattel mortgage(s) on personal property where the said property is
taken into the possession of the lender as security for the advancement or
loan upon any assignment(s), pledge(s) of earned or unearned salary,
wages, or earnings;
3. Loaning or advancing money, whether in the form of cash, check, or draft,
upon any contract or agreement which assigns, pledges, or binds the
earned or unearned salary, wages, or earnings of the borrower as security
for the loan or advancement.
B. A sign or advertisement indicating that a person or place of business is engaged in
any of the above types of transactions shall be considered prima facie evidence
that the operation constitutes a pawnbroker business, regardless of any business
name or term or phrase by which the business may be described.
6.08.051: LICENSE FEE:
The license fee for a pawnbroker as defined herein shall be fifty dollars ($50.00) per year
or fraction thereof.
6.08.052: SINGLE ACT CONSTITUTES PAWNBROKER BUSINESS:
The doing of any single act enumerated in section 6.08.021 of this chapter shall constitute
the carrying on of a pawnbroker's business within the meaning of this chapter.
6.08.061: ACCURATE RECORDS; TRANSACTION DETAILS REQUIRED:
A. It shall be the duty of every pawnbroker doing business in the city to maintain in
his place of business a permanent electronic record, through software compatible
with the city's law enforcement record system, of all parties entering into
transactions regulated by this chapter and a complete description of the
transactions. The pawnbroker shall be responsible for ensuring that each person
ORDINANCE NO. 1053
0
o
AN ORDINANCE ESTABLISHING REQUIREMENTS FOR THE
d d
OPERATION OF PAWNBROKER SERVICES; PROVIDING FOR
m
o
THE REQUIREMENTS FOR RECORD MAINTENANCE;
N ; m
PROVIDING FOR GENERAL PROVISIONS OF PAWNBROKER
O
CO
z
SERVICES; PROVIDING FOR A PENALTY FOR THE VIOLATION
o w a
OF THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL
M ZmOWD
H �6 M
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
F a
aHEREWITH;
AND PROVIDING WHEN SAID ORDINANCE
o a o
SHALL BECOME EFFECTIVE.
E 6Fe N U
a o
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF REXBURG, IDAHO:
6.08.021: PAWNBROKER LICENSE REQUIRED:
A. The transactions set out herein are hereby declared to constitute the carrying out
of a pawnbroker business. It is unlawful for any person to own/operate any such
business or carry on any of the following business transactions without having
first obtained a pawnbroker's license to do so:
1. Loaning or advancing money, whether in the form of cash, check or draft,
to any person on the deposit, pledge, or bailment of personal property of
any kind as security for such loan or advancement when the personal
property may be repurchased by the party upon paying of a sum of money;
2. Loaning or advancing money, whether in the form of cash, check, or draft,
upon a chattel mortgage(s) on personal property where the said property is
taken into the possession of the lender as security for the advancement or
loan upon any assignment(s), pledge(s) of earned or unearned salary,
wages, or earnings;
3. Loaning or advancing money, whether in the form of cash, check, or draft,
upon any contract or agreement which assigns, pledges, or binds the
earned or unearned salary, wages, or earnings of the borrower as security
for the loan or advancement.
B. A sign or advertisement indicating that a person or place of business is engaged in
any of the above types of transactions shall be considered prima facie evidence
that the operation constitutes a pawnbroker business, regardless of any business
name or term or phrase by which the business may be described.
6.08.051: LICENSE FEE:
The license fee for a pawnbroker as defined herein shall be fifty dollars ($50.00) per year
or fraction thereof.
6.08.052: SINGLE ACT CONSTITUTES PAWNBROKER BUSINESS:
The doing of any single act enumerated in section 6.08.021 of this chapter shall constitute
the carrying on of a pawnbroker's business within the meaning of this chapter.
6.08.061: ACCURATE RECORDS; TRANSACTION DETAILS REQUIRED:
A. It shall be the duty of every pawnbroker doing business in the city to maintain in
his place of business a permanent electronic record, through software compatible
with the city's law enforcement record system, of all parties entering into
transactions regulated by this chapter and a complete description of the
transactions. The pawnbroker shall be responsible for ensuring that each person
entering into a transaction provides a current driver's license or other
identification card issued by any state, federal, or local government which
includes a photograph in order to verify the person's identity. The information to
be transmitted shall include:
1. The nature and date of the transaction, and number identifying it.
2. The store identification number assigned by the city and the name and/or
employee identification number of the person conducting the transaction
on behalf of the pawnbroker.
3. Name, date of birth, sex, height, weight, race and address of the person
with whom the transaction is made.
4. Type and identifying number of the personal identification used by the
person with whom the transaction was made.
5. Complete description of the property pledged, bought, or consigned,
including as applicable, brand name; serial number; model number by
name; any initials or engravings or other identifying marks; size, pattern,
and type of jewelry, including color and cut information of any stones;
type of firearm, its caliber, barrel length, and type of action.
B. Every transaction shall be evidenced by a written document, signed by the person
entering into the transaction, and a copy shall be furnished to the pledger. The
document must contain, at a minimum, the date of the transaction, the term of the
loan, the date on which the loan is due and payable, and information that the
pledger has the right to redeem the pledge within ten (10) days after the expiration
of the loan term. The signed original must be retained on file at the pawnbroker's
business address for at least one year.
C. All paper and computer records of property received and transactions made shall
be open to, and made available for, inspection by the city's law enforcement
personnel during the pawnbroker's normal business hours.
6.08.062: TRANSMITTAL OF DAILY REPORTS REQUIRED:
Every pawnbroker doing business in the city shall maintain in his place of business a
complete paper and electronic record as described in this chapter of all transactions
conducted either by him/herself or by his employees or other staff. A record of each day's
transactions shall be transmitted by five o'clock p.m. (5:00 p.m.) the following business
day to the Rexburg Police Department via electronic transfer or through such other
method as approved by the chief of police.
6.08.091: RETENTION OF PROPERTY:
A pawnbroker must retain any property received in pledge until thirty (30) days after the
term of the original loan has expired. Provided, however, that gold, silver, and other
precious metals not in the form of jewelry may be disposed of as soon as the term of the
loan has expired.
6.08.101: STOLEN PROPERTY; NOTIFICATION; HOLDING PERIOD:
If a pawnbroker has reasonable cause to believe that any property received in the course
of his business is property that may have been lost or stolen, the pawnbroker shall
immediately report that fact in writing to the Rexburg Police Department, together with
the name of the owner, if known, the date of the transaction, and the name of the party
from whom the property was received. The Rexburg Police Department shall regularly
review the records provided by pawnbrokers and provide notice to any pawnbroker
whose records show property which appears to be stolen.
A. Notice To Hold Property: If a pawnbroker receives written or verbal notification
from the Rexburg Police Department that any item of property has been reported
stolen, and the pawnbroker has such item in his possession, the pawnbroker shall
hold that property separate, intact and safe from alteration, damage, or
commingling with other property, and shall place an identifying tag or other
clearly legible identification on the property.
B. Preliminary Verbal Notice; Ten Day Hold: Following receipt of verbal
notification by a member of the Rexburg Police Department that an item in his
possession might be stolen property, the pawnbroker shall hold the property for a
period of ten (10) working days, pending written confirmation from the Rexburg
Police Department. If a written hold notice is not received within the said ten (10)
days, the preliminary hold order shall expire and the pawnbroker shall have no
further duty to hold the property.
C. Written Notice; Sixty Day Hold: Following receipt of a written notice that an item
of property has been stolen, the pawnbroker shall hold the property for sixty (60)
days from the date of notification of the stolen status, unless earlier released in
writing by the Rexburg Police Department or by written order of a court of
competent jurisdiction. Provided, however, that the item must be surrendered
promptly to said Rexburg Police Department upon its request. Ten (10) days prior
to the expiration of the sixty (60) day holding period, the pawnbroker shall send a
written notice to the Rexburg Police Department of the impending release date to
request approval for release. If the pawnbroker fails to provide the notice, the
property shall be held until Ten (10) days after such time as written notice has
been provided to the Rexburg Police Department. The Rexburg Police
Department shall respond promptly to the request, in writing, either to state that
no further hold is required, or to require an additional holding period.
6.08.102: RELEASE OF HELD PROPERTY:
A. The Rexburg Police Department shall provide written notice as soon as practical
to a pawnbroker to release any hold placed on an item suspected of being stolen if
it has been determined that the item was not stolen or lost.
B. Whenever property that is being held by a pawnbroker pursuant to the provisions
above is required for criminal investigation or criminal proceedings, the Rexburg
Police Department shall provide twenty four (24) hour notice to the pawnbroker
who shall produce the property promptly and release it to the department. The
Rexburg Police Department shall provide a receipt for the property containing a
description of the property, the reason for the seizure, the criminal case number, if
applicable, the name of the pawnbroker and the name of the representative of the
Rexburg Police Department who accepted possession. The Rexburg Police
Department shall retain the property pending an order for its disposition from a
court of competent jurisdiction.
6.08.111: RECEIVING GOODS FROM CERTAIN PERSONS PROHIBITED:
It is unlawful for any pawnbroker or staff member to receive any property from any
person who is intoxicated or under the influence of drugs, or anyone under the age of
eighteen (18) years; provided, however, that a pawnbroker and/or his staff may receive
sports trading cards in pawn, pledge or for sale from persons under the age of eighteen
(18).
6.08.120: AGE OF EMPLOYEES AND STAFF:
It is unlawful for any pawnbroker to employ any clerk or person under the age of
eighteen (18) years or utilize the services of any person under the age of eighteen (18)
years to receive any pledge or make any loan.
6.08.130: PAWNBROKER RESPONSIBLE FOR COMPLIANCE:
The holder of any pawnbroker's license is hereby considered to be responsible for
compliance with the provisions of this chapter, and the license shall be subject to
revocation or denial of renewal for any and all acts of his employees or other staff in
violation of this chapter.
6.08.140: PENALTIES:
Any violation of the provisions of this chapter shall be considered a misdemeanor, and in
addition to possible revocation or denial of renewal of the license, the pawnbroker shall
be subject to the issuance of an Idaho uniform citation for the violation.
6.08.170: Effective Date: October 09, 2010
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS THE 01
DAY OF October, 2010.
s
ichard Wood and, Mayor
ATTEST:
ss
County of Madison
I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify that
the above and foregoing is a full, true and correct copy of the Ordinance entitled:
AN ORDINANCE ESTABLISHING REQUIREMENTS FOR THE
OPERATION OF PAWNBROKER SERVICES; PROVIDING FOR THE
REQUIREMENTS FOR RECORD MAINTENANCE; PROVIDING
FOR GENERAL PROVISIONS OF PAWNBROKER SERVICES;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THE
PROVISIONS OF THIS ORDINANCE; REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING WHEN SAID ORDINANCE SHALL
BECOME EFFECTIVE.
Effective Date: October 09, 2010
Passed by the City Council and approved by the Mayor this the 6h day of
October, 2010.
Blair D. Kay, City Clerk
agF0RA2,
OF
H