HomeMy WebLinkAboutO-2591 - Repealing_Enacting Chapter 4, Title 3 of the City CodeORDINANCE NO.2591
AN ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF TWIN FALLS,
IDAHO, REPEALING CHAPTER 4, TITLE 3 OF
THE TWIN FALLS CITY CODE; ENACTING A
NEW CHAPTER 4 OF TITLE 3 ENTITLED
"PAWNSHOPS, BROKERS AND SECONDHAND
DEALERS"; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF TWIN FALLS, IDAHO:
SECTION 1. That Chapter 4 of Title 3 of the Twin
Falls City Code be repealed.
SECTION 2. That the Twin Falls City Code be amended
by the addition of a New Chapter 4, Title 3, providing for
pawnshops, brokers and secondhand dealers as follows:
3-4-1: DEFINITIONS:
PAWNBROKER: Every person, firm, association or
corporation engaged in conducting, managing or
carrying on the business of loaning or advancing
money, check or draft for money, for himself or for
another, upon deposit or purchase of personal
property, personal security, pawns, pledges, bailment
or other valuable thing, or who deals in purchasing
articles of personal property or other valuable thing
on condition of reselling or agreeing to resell such
articles to the vendors or their assigns at a
stipulated price, or who loans money secured by
chattel mortgage or personal property, having
possession of the property, or any portion or part
thereof mortgaged or who advertises by use of
pawnbroker's sign, or by advertising "unredeemed
pledges," or by any other expression designating
pawnbroker's business, shall, for all intents and
purposes under this Chapter, be declared to be a
pawnbroker within the meaning of this Chapter.
Pawnbrokers and Secondhand Dealers-1
PAWNSHOP: Any room, store or place in which any such
business of pawnbroker as defined herein is engaged
in, carried on or conducted.
SECONDHAND DEALER: Any person, firm, association or
corporation who buys, accepts as trade, or otherwise
deals in secondhand tools, goods, wares, merchandise
or other articles and things usually found in a
secondhand store, other than recording media. The
following are specifically excluded from the
definition of secondhand dealer:
(1) Dealers in new merchandise who do not pay in
cash for used property, but allow their
patrons an exchange value when making a sale
of new goods of the same type.
(2) Dealers in antique goods who do not purchase
electronic equipment, tools, guns, or coins
or precious jewelry.
(3) Rummage sales, garage sales and yard sales
conducted on a temporary basis (not more than
ten days).
(4) Any person, firm, association or corporation
that accepts or receives, as donation only,
and does not pay in cash for any property,
clothing, furniture, or any other valuable
thing.
SECONDHAND STORE: Any room, store or place in which
any such business of secondhand dealer as defined
herein is engaged in, carried on or conducted.
3-4-2: LICENSE, APPLICATION AND PROCEDURE:
(A) It shall be unlawful for any person to engage,
conduct, keep, manage or operate any pawnshop or
secondhand store without having first obtained a
license therefore as provided for in this
' ordinance and which is in full force and effect.
(B) An application for such license shall be made in
writing to the City Clerk in such form and manner
as may be prescribed. An applicant who was not
licensed by this Chapter for the year immediately
preceding the current application shall be
required to be fingerprinted by the City's Police
Pawnbrokers and Secondhand Dealers-2
Department. Cost of taking and processing such
fingerprints shall be borne by the applicant.
(C) When application for a license is made by or on
behalf of a partnership, corporation or
association, such application shall be made by
the manager, officer, agent or other person who
will have the direct charge and management of
such pawnshop or secondhand store.
(D) Upon receipt of an application for a license, the
Police Department shall cause an investigation to
be made of the applicant.
(E) Upon completion of such investigation, if the
Police Department finds that the license
applicant complies with the required
qualifications set forth in this chapter, the
City Clerk shall issue a license. Licenses shall
not be transferable either as to person or place.
A provisional license may be issued pending
completion of the required investigation.
(F) License Fees:
(1) Regular License:
The City Clerk shall collect before the issuance
of any license or renewal thereof an annual fee
of Five Hundred Dollars ($500.00). If a license
is granted pursuant to an application filed after
June 30th of any year, the license fee for the
balance of such year shall be Two Hundred Fifty
Dollars ($250.00).
Each license shall remain in full force and
effect until relinquished, suspended, revoked or
expired. Every licensee, on or before each
January 31st, shall pay the City Clerk Five
Hundred Dollars ($500.00) for each license held
by him as the annual fee for the succeeding
calendar year.
(2) Limited License:
Pawnbrokers and Secondhand Dealers-3
For those secondhand dealers who purchase not
more than ten (10) transactions of secondhand
goods per month, the annual license fee shall be
Fifty Dollars ($50.00).
(G) No license shall be issued to any person who is
not eighteen (18) years of age or older.
(H) If any license applicant is denied a license for
any reason, the required license fee shall be
refunded to the applicant. No license fee shall
be refunded as result of any suspension,
revocation or for any license that is voluntarily
surrendered by the holder of such license.
(I) No license shall be issued to any person for any
proposed location that does not comply with the
planning and zoning regulations and fire codes
established by the City of Twin Falls, County of
Twin Falls and the State of Idaho.
3-4-3: QUALIFICATIONS FOR LICENSE: The City Clerk
shall issue a pawnbroker's license if the applicant
meets the following minimum qualifications:
(A) The applicant or other person principally in
charge of the operation of the business is over
the age of eighteen (18) years.
(B) The applicant or other person principally in
charge of the operation of the business has not
had a Twin Falls City Pawnbroker's Business
License or similar permit or license revoked or
suspended by the City or any other State or local
agency within three (3) years prior to the date
of the application.
(C) The applicant or other person principally in
charge of the operation of the business has not
been convicted within the preceding five (5)
years of:
(1) Any felony or crime that would be deemed a
felony according to the laws of the State of
Idaho.
Pawnbrokers and Secondhand Dealers-4
(2) Theft in any degree.
(3) Obscene or lewd conduct.
(D) The Police Department shall investigate the
aforementioned qualifications of applicants or
other persons principally in charge of the
operation of the business for licenses pursuant
to this Chapter and shall report to the City
Clerk its recommendations. The City Clerk shall,
if the applicant complies with the licensing
requirements, issue a license to the applicant
upon the payment of the proper fee.
3-4-4: DISPLAY AND INSPECTION OF LICENSE: It shall be
the duty of every person to whom a Pawnbroker's
License is issued to prominently display such license
in a conspicuous manner at all times in the pawnshop
or secondhand store to which said license relates.
Upon request of the Twin Falls City Police officer
designated by the Police Chief to make inspections of
pawnshops and secondhand stores, the licensee, or
anyone acting on his/her behalf, shall produce any
records required to be kept, pursuant to this Chapter,
and shall permit said officer to examine them and
shall permit an inspection of the licensee's premises
and all property kept or stored therein. Any
inspection performed pursuant to this rule shall occur
during the licensee's regular and usual business
hours.
3-4-5: RECORDS:
(A) Every pawnbroker or secondhand dealer, except
dealers of secondhand clothing, shall keep a
record of every article pledged, consigned, or
traded with him/her, sold to him/her, or received
by him/her.
(B) This record shall be open to the inspection of
any Twin Falls City police Officer at any time
during the hours of business. Such record shall
be completed on a form specified by the City of
Twin Falls.
Pawnbrokers and Secondhand Dealers-5
(C) Upon the purchase, pledge or receipt of any
property or article said record shall be
completed. The original record shall be
delivered on a weekly basis to the Police
Department or at any time upon request by the
Police Department. One copy of said record shall
be retained by said pawnbroker or secondhand
dealer for a period of twelve (12) months from
the date said form is completed. One copy of
said record shall be provided to the seller,
pledger, trader or consignor. No entry on such
record shall be altered, erased, obliterated, or
defaced, and all property described in the record
shall be open to the inspection of any Twin Falls
City police officer during business hours.
Original records shall be free of any staples,
tape or other items that may deface, obliterate,
or damage said record.
(D) Each record of purchase, pledge, trade, consign
or receipt of property or articles shall contain
an accurate description of the property or
article and the person from whom it was received.
Said record shall also contain the following
information:
(1) Name, address and telephone number of the
pawnshop or secondhand store.
(2) Last name, first name and middle initial,
complete residence address, phone number,
date of birth, height, weight, sex, hair
color and eye color of the seller, pledger,
or any person from whom any property or
article was received.
(3) The social security number or driver's
license number and the state of issue, or
official State of Idaho identification, or
official United States military
identification, or Passport, with photograph
and signature block of the seller, pledger,
trader, consignor.
(4) The date of the transaction; the amount of
loan, purchase, pledge, trade or consign;
Pawnbrokers and Secondhand Dealers-6
the interest amount and terms of any loan or
pledge.
(5) A complete description of the property or
article purchased, pledged, traded or
consigned, to include, brand name or make,
model, serial number, model number, owner
applied number or other engravings, vehicle
identification number, type and color. (No
record shall contain more than six [6]
article or property entries.)
(6) Signature lines or space for the execution
by pawnbroker, secondhand dealer and the
seller, pledger, trader or consignor, or any
person from whom property was received.
(7) A space shall be provided and shall bear a
legible ink, chemical, or other acceptable
impression of the right or left thumb print
of the seller, pledger, trader, consignor,
or any person from whom property was
received.
(E) Every record shall be completed and signed by the
pawnbroker, secondhand dealer or employee and the
seller, pledger, trader, or consignor at the time
of execution. The pawnbroker or secondhand
dealer shall compare the signature upon the
required identification with that upon the
record. The signature by the seller, pledger,
trader, or consignor shall be a certification
that the described property or article has not
been obtained by illegal means and is free and
clear of any encumbrances.
(F) This Section shall apply to all secondhand
merchandise, pledges, articles or property for
trade or resale, but shall not apply to articles
of new merchandise purchased directly from the
manufacturers, wholesale dealers or distributors
having established places of business or of any
purchase in the open market or secured from any
persons doing business and having an established
place of business in the City. Such goods,
however, shall be accompanied by a bill of sale
Pawnbrokers and Secondhand Dealers-7
or other evidence of legitimate purchase and must
be shown to any Twin Falls City police officer
upon request.
(G) Each record issued shall be numbered
consecutively, and if stubs are used in
connection with such records, such stubs shall be
numbered consecutively to conform to the tickets.
(H) Any pawnbroker or secondhand dealer receiving in
pledges or otherwise any article, shall affix to
said article a tag, and upon such tag shall be
written a number in legible characters. Such
number shall correspond to the number in the
record required to be kept by him/her.
3-4-6: PROHIBITED DEALINGS: No pawnbroker or
secondhand dealer shall:
(A) Buy, receive or accept on deposit any article,
property or other valuable thing from any person
less than eighteen (18) years of age, except with
the written consent of the parent or guardian of
the minor child as to each particular transaction
and in that event, the parent or guardian must
execute the record required and furnish proof of
identification as any pledger, or seller of any
article with such being recorded upon the
aforesaid record.
(B) Allow any employee less than eighteen
(18) years of age to receive or accept any
property, article or other valuable thing for
purchase, pledge, trade, or consign; allow any
employee less that eighteen (18) years of age to
make any loan or sell any merchandise that has
been pledged, traded or consigned.
(C) Employ or retain any person who does not satisfy
the qualifications set forth in this Chapter.
(D) Purchase, receive, or accept any article,
property or other valuable thing, manufactured or
produced with a serial number or identification
number, with said serial number or identification
number removed, altered or rendered unreadable.
Pawnbrokers and Secondhand Dealers-8
3-4-7: SALES: No personal article, property or other
valuable thing, pledged to, purchased by, received in
trade by or deposited with any pawnbroker or
secondhand dealer at this place of business shall be
sold from such place of business for a period of at
least thirty (30) days after being so acquired;
provided, this Section shall not apply to guns
regulated by ATF, or to new merchandise purchased from
manufacturers or wholesale dealers having established
places of business or any purchase in the open market
or secured from any person doing business and having
an established place of business in the City of Twin
Falls. Such goods, however, shall be accompanied by a
bill of sale or other evidence of legitimate purchase
and must be shown to any Twin Falls City police
officer upon request.
3-4-8: RESTRAINMENT OF SALES; NOTICE FROM POLICE
DEPARTMENT:
(A) Whenever the Chief of Police or any Twin Falls
City police officer shall notify any pawnbroker
or secondhand dealer in writing that certain
property is alleged to be stolen, such property
shall not be sold or permitted to be redeemed or
otherwise released for a period of thirty (30)
days from the date of such notice, but such
notice may be renewed for an additional thirty
(30) day period or periods.
(B) Written notice of hold shall bear the date,
accurate description of held property, requesting
agency case number, name of business where
questioned item is held, amount owed to
pawnbroker or secondhand dealer, name of person
property was received from and the requesting
officer's name and agency. A duplicate copy of
this information shall be left with the
pawnbroker or secondhand dealer at the time an
item is placed on hold.
3-4-9: FORFEITURES: It shall be the duty of every
pawnbroker as herein defined to allow any person
accepting a loan or advance of money, upon pledge or
Pawnbrokers and Secondhand Dealers-9
deposit, a period of thirty (30) days in which to pay
before the same becomes forfeitable.
3-4-10: REPORTS TO POLICE DEPARTMENT: The Police
Department may, at its discretion, require a written
monthly report of said business and during the
business hours of every day may require a personal
examination of the books or records of such
pawnbroker, showing the articles or other property
purchased, pledged, traded, consigned, or otherwise
received.
3-4-11: CLOSING HOURS: Every pawnbroker or secondhand
dealer as herein defined, shall close his/her place of
business at ten o'clock (10:00) P.M. each and every
night, except on Saturday, when said business may
remain open until twelve o'clock midnight (12:00
A.M.).
3-4-12: STOLEN PROPERTY; RETURN TO TRUE OWNER:
(A) Any property, article or other valuable thing
purchased by, pledged to, traded with, consigned
or sold to any pawnbroker or secondhand dealer
which is subsequently determined by a law
enforcement agency to have been stolen or
otherwise unlawfully obtained shall be
transferred to the custody of such agency upon
the agency's request, or shall be returned by the
pawnbroker to the true owner. The true owner
shall not be liable to the pawnbroker or
secondhand dealer with respect to an article
deemed stolen.
(B) Upon the return of stolen property to the true
owner by pawnbroker, secondhand dealer or law
enforcement agency, the pawnbroker, secondhand
dealer or law enforcement agency shall complete
such documentation as may be necessary or
required to effect the transfer of the property
including such documents pertaining to the title,
or registration of vehicles or firearms as may be
required by local, State or Federal authorities.
3-4-13: MANAGERIAL RESPONSIBILITY: Where a license
has been issued to any partnership, corporation or
Pawnbrokers and Secondhand Dealers-10
association to conduct a pawnshop or secondhand store,
any person having charge, management or control of
said pawnshop or secondhand store who knows, or
reasonably should have known of violations of this
Chapter, shall be liable to prosecution for any
violation of this Chapter.
3-4-14: APPEAL OF CITY CLERK'S DECISION: If the
applicant or licensee is aggrieved by the decision of
the City Clerk, the aggrieved party may appeal such
decision to the Twin Falls City Council within thirty
(30) days of notice of the decision of the City Clerk.
The applicant or licensee must, in writing, appeal to
the City Council and set forth the reasons therefor
why the applicant should not be denied a license. The
City Council shall set a time and place for a hearing
within a reasonable period of time subsequent to
applicant's written notice of appeal. Notice of such
hearing shall be personally served upon the applicant
or licensee, or mailed postage prepaid to the
applicant or licensee at his last known address, at
least seven (7) days prior to the date set for the
hearing.
3-4-15: VIOLATIONS AND PENALTY:
(A) 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.
(B) It shall be unlawful for any person to sell,
pledge, pawn, or trade any goods, chattels or
effects, or any personal property, leased or let
to him by any instrument in writing under a
contract of purchase not yet fulfilled.
(C) It shall be unlawful for any pawnbroker,
secondhand dealer, or any other person to violate
any provision of this Chapter.
(D) Any person violating any provisions of this
Chapter shall be deemed guilty of a misdemeanor
Pawnbrokers and Secondhand Dealers-11
and upon conviction thereof, shall be fined in a
sum not exceeding Three Hundred Dollars ($300.00)
or imprisoned in the county jail for not more
than six (6) months or by both such fine and
imprisonment.
3-4-16: REVOCATION OF LICENSE: The City Council may
suspend or revoke any license issued under this
Chapter for violation of any of the provisions of this
Code or ordinance of the City or laws of the State of
Idaho. Prior to suspension or revocation by the City
Council, the City Clerk or City Council shall notify
the applicant in writing, setting forth specifically
the grounds of the complaint and the time and place of
the hearing. Such notice shall be personally served
upon the licensee, or mailed postage prepaid to the
licensee at his last known address, at least seven (7)
days prior to the date set for the hearing.
SECTION 3. That this ordinance shall become effective
October 1, 1998.
PASSED BY THE CITY COUNCIL September 8 , 1998
SIGNED BY THE MAYOR September 8 , 1998
Mayor Gale Kleinkopf
ATTEST:
PUBLISH: Thursday, September 24 , 1998
Pawnbrokers and Secondhand Dealers-12
1. •
THE CITY OF TWIN FALLS, IDAHO
ORDINANCE NO. 2591
SUMMARY OF PAWNSHOPS, BROKERS AND SECONDHAND DEALERS
ORDINANCE
The Pawnshops, Brokers and Secondhand Dealers Ordinance replaces the existing
Title 3, Chapter 4, of the Twin Falls City Code. The ordinance provides for definitions,
license application qualifications and procedure, record keeping requirements, prohibited
dealings, limitations and restrainment of sales, forfeitures, reports, closing hours,
procedures for dealing with stolen property, managerial responsibility, appeals,
violations, penalties, license revocation, and an effective date. The full text of the
ordinance is available at city hall. The ordinance is effective October 1, 1998.
The foregoing summary is true and complete and provides adequate notice to the
public of the principal provisions of the ordinance.
-1(‘)q-7)
Fritz Wonderlich, City Attorney
PUBLISH: Thursday, September 24, 1998