HomeMy WebLinkAbout3844 AN ORDINANCE of the City of Bremerton
relating to the regulation and licensing
of second-hand dealers and pawnbrokers.
THE CITY OF BREMERTON DOES ORDAIN:
SECTION 1. DEFINITIONS.
A. "Junk" means any non-metal, or commonly discarded
item that is worn out, or has outlasted its usefulness as
intended in its original form.
B. "Pawnbroker" means any person engaged, in whole or
in part, in the business of loaning money upon the security of
deposits or pledges of personal property.
C. "Reprocessed goods" means any item of personal
property that is substantially rebuilt or remanufactured.
D. "Scrap metal" means any used metal, except alloys
of gold, silver, platinum or palladium, that is no longer useful
as it was intended to be used in its original form, or that is
commonly gathered up and sold to be converted into another form.
E. "Used goods" means any item of personal property
offered for sale, not as new, including metals in any form except
coins that are legal tender, but excluding books, magazines and
postage stamps, excluding bullion, as hereinafter defined.
F. "Used goods dealer" means any pawnbroker or person
engaged in the business of purchasing, selling, trading,
auctioning, consignment selling, or otherwise transforming for
value at the retail level, used goods. A wholesaler of
merchandise or a dealer conducting transactions with other
dealers, as opposed to the general public, will not be included
under this ordinance.
G. A person conducting a yard sale or garage sale on
his own premises, selling his own property not more than twice
per year, shall not be considered a "used goods dealer." The
length of time of each yard sale or garage sale shall not exceed
twenty-four hours.
H. "Bullion" means a form of precious metal or alloy
thereof, such as gold, silver, palladium or platinum, traded for
its intrinsic value in its manufactured form, such as ingots,
bars or coins, and including either a serial number or a stamp
from the manufacturer.
SECTION 2. LICENSE REQUIRED - EXCEPTIONS.
A. It is unlawful to engage in business or act as a
used goods dealer or pawnbroker without first obtaining a used
goods dealer's license issued in accordance with this code. If a
used goods licensee is a pawnbroker, his or her license shall be
endorsed "pawnbroker." Such license shall authorize the licensee
to operate as a used goods dealer or pawnbroker only at the
premises named on the license. Each premises shall require a
separate license.
B. The provisions do not apply and a license is not
required:
1. To charitable organizations;
2. To engage in the business of reprocessing
goods or selling reprocessed goods, with the
exception of precious metals or bullion;
3. For any secured party, as defined by
R.C.W. 62A. 9-105 (i) as amended, to dispose
of his or her own collateral after default,
in accordance with R.W.C. 62A.9-504 as
amended;
4. To sell unredeemed or unclaimed goods he
or she has repaired in the regular course of
his or her repair service, in order to
collect his or her mechanic's lien, and or
chattel lien;
5. To buy or sell empty food and beverage
containers or junk;
6. To buy scrap metal in transactions for
$5.00 or less, and to sell scrap metal
accumulated through those transactions;
8. To engage in business as a used
automobile dealer, if holding a valid
Washington State license pursuant to R.C.W.
46.70;
9. To engage in business as a motor vehicle
wrecker or hulk-hauler, if validly licensed
as a motor vehicle wrecker or hulk-hauler
pursuant to R.C.W. 46.79 or R.C.W. .46.80.
10. Yard sales - garage sales.
C. Applications for licenses shall be made in writing
to the City Clerk on forms provided by the City Clerk.
Applications shall be accompanied by a license fee of $50.00 per
year, payable in advance on or before the first day of July of
each year.
SECTION 3. RECORDS TO BE KEPT; RIGHT OF INSPECTION.
It is a violation for any used goods dealer or
pawnbroker to fail to maintain in his or her place of business a
book or other permanent record in which shall be legibly written
in the English language, at the time of each pawn, purchase or
consignment, a record thereof containing:
A. Information identifying the transaction
as follows:
1. The date'of the transaction, and
2. The name of the person conducting the
transaction on behalf of the licensee,
and
3. A description of the property pawned,
traded, sold or consigned to the
licensee, including brand name, serial
and model numbers, pattern or type,
engravings, size, color, markings, shape,
and any peculiarity likely to identify
the property. In the case of watches,
that shall include the name of the maker
and the number of both the works and the
case, if any. In the case of jewelry,
that shall include a description of all
letters and marks inscribed thereon. If
the article brought or received is
furniture, or the contents of any house
or room actually inspected by the
licensee on the premises of the seller,
pawner or consignee, a general record of
the transaction shall be sufficient, and
4. The price paid or the amount loaned,
and
5. A pawn, purchase or other number
identifying the transaction and the
merchandise it involves; and
B. Information identifying the person
pawning, trading, selling or consigning
property to the licensee as follows:
1. If a vehicle is not used to deliver
the used goods, the name, date of birth,
residence address, general physical
description, signature, and a description
of the identification presented by the
person, consisting of two corroborating
pieces of identification or a valid motor
vehicle operator's license number, and
the name and residence address of the
owner of the property pawned, traded,
sold or consigned to the licensee, and
the address of the place from which the
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property pawned, traded, sold or
consigned to the licensee was last
removed.
The above identifying information shall not be
necessary where the item being pawned, traded, sold or consigned
consists solely of bullion as defined in this ordinance.
To protect the public from property losses that result
when stolen goods circulate in the market place, it is necessary
to make frequent, unannounced, routine inspections of the
licensed premises of used goods dealers and pawnbrokers, whose
businesses have historically been subject to close regulation in
order to control the flow of stolen property.
A. The records required to be kept by this
chapter, and the used goods subject to
recording as provided by this chapter, shall
be available during normal business hours, to
the inspection of the Chief of Police or his
or her designated representative; provided:
1. That such inspections shall be
limited to the purpose of detecting
stolen property moving through the
public market place, and determining
compliance with this chapter; and
2. That only such records required by
this chapter and goods covered by this
chapter shall be inspected in the
course of such frequent, unannounced
routine inspections.
B. Nothing in this section shall prohibit other
lawful searches or inspections.
SECTION 4. DUTY TO REPORT.
Every second hand dealer or pawnbroker shall make
available to the Chief of Police every day, upon request, before
the hour of 12:00 o'clock noon, a complete, legible and correct
copy of the records required by Section 3(A), 3(B) for all
transactions occurring on the previous day.
SECTION 5. HOLDING.
A. No used goods dealer or pawnbroker, or agent or
employee of such dealer, shall sell, alter, divest himself of
possession of, or move to a place outside the corporate city
limits of the City of Bremerton any second hand item purchased by
him or her until ten days after the day when the report of the
transaction, as required by Section 4, was made, with the
exception of bullion as defined in this ordinance, which can be
sold immediately.
B. The Chief of Police may order that any item may be
held beyond the time authorized in Subsection A above under the
same conditions as set forth therein. The Chief of Police shall
grant a hearing to any person aggrieved by such order to contest
the reasonableness of such order.
C. In addition to the retention of property required
by this code, any police officer, having probable cause to
believe that any used good in the possession of a licensee is
stolen, may seize such item at any time. In the event of such a
seizure, the used goods dealer or pawnbroker shall be entitled to
a written receipt for the item from the Bremerton Police
Department.
1. In lieu of immediate seizure, a police officer
may place a hold upon the property by making an
entry upon the permanent record required by
Section 4, indicating that such item is stolen
property. The used goods dealer shall then:
a. Tag or otherwise reasonably identify
the item;
b. Hold it in a place on the business
premises of the used goods dealer or
pawnbroker, to which police officers shall
have access at any time during the used
goods dealer's regular business hours;
c. Keep the item safe from alteration,
loss, damage, or co-mingling with other
goods.
2. No used goods dealer shall dispose of any
item subject to a police hold in any manner;
provided, that items subject to a police hold
shall be surrendered to the Chief of Police
upon request, or in compliance with a subpoena
signed by the Prosecutor, or in compliance with
an order of court of competent jurisdiction; or
as directed in a written released signed by the
Chief of Police.
SECTION 6. UNLAWFUL ACTS.
It is unlawful for any used goods dealers or pawnbroker
or his or her employee to:
A. Refuse to allow the inspections as required in
Section 3; or
B. Falsify, obliterate, destroy or remove from his or
her place of business any record that is required to be
maintained by this chapter, within three years from the date of
the transaction; or
C. Buy, trade or receive any item from any person
under 18 years of age, any obviously intoxicated person, or any
person suffering from an obvious mental deficiency.
SECTION 7. LICENSE DENIAL, SUSPENSION OR REVOCATION.
A. Any license issued pursuant to this chapter may be
suspended for up to sixty days or revoked by the Chief of Police
for good cause. If the Chief of Police intends to revoke or
suspend such license, he shall give written notice of such
intention to the licensee at least twenty days before such
suspension or revocation is to begin. The licensee may then
demand a hearing before the Chief of Police. Such demand shall
be made in writing to the Chief of Police and must be made within
ten days after the notice of revocation or suspension is received.
For the purposes of this section "good cause" shall include, but
not be limited to:
1. Conviction of the licensee or any of his
employees of any crime relating to the
operation of a used goods or pawnbroker
dealership.
2. Violation by the licensee or his or her
employees of any of the provisions of this
chapter, or any other ordinance or statute
relating to the operation of a used goods or
pawn shop dealership.
3. Failure to record any item purchased or
received by the licensee or his or her
employees.
4. Failure to submit to the police all required
records.
5. Falsely stating any material fact on the
license application.
6. Submitting a false or incomplete record to
the police.
B. Any person whose license is suspended or revoked by
the Chief of Police may appeal such suspension or revocation to
the City Council. Such appeal must be made in writing within ten
days of the final order of suspension or revocation by the Chief
of Police, and shall be heard at the first regularly scheduled
meeting of the City Council thereafter.
SECTION 8. PAWNBROKER BOND.
A pawnbroker shall be required to post a One Thousand
Dollar ($1,000.00) bond in addition to paying the license fee
required under this ordinance.
SECTION 9. PENALTY FOR VIOLATION.
Any person violating this chapter or any part thereof
shall be guilty of a misdemeanor, and upon conviction, shall be
punished by a fine of not more than the sum of $500.00 and ninety
(90) days in jail.
SECTION 10. REPEAL.
Ordinances No. 882, 1531, 2161, Section 8 of 3625 and
3750 are hereby repealed.
APPROVED by the City Council on the first reading
this ~ day of ~. ~ .~ 1983
PASSED by the City Council of the City of
Bremerton, Washington, signed by the Mayor and attested by the
City Clerk in authentication of such passage this l~ day of
,
~ORRIE DAWKINS
Mayor
ATTEST:
KATHLEEN L. McCLUSKEY
City Clerk
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SUMMARY OF ORDINANCE 3844 FOR PUBLICATION PURPOSES
This ordinance sets forth regulations, restrictions and licensing
requirements for second-hand dealers and pawnbrokers.
A brief summary of each section of the ordinance is as follows:
Section 1. Defines words and phrases used in the ordinance.
Section 2. Sets forth licensing requirements for used goods
dealers and pawnbrokers; clarifies conditions under which a
license is not required; and states how and when license is to be
obtained, and the fee therefor.
Section 3. Sets forth record-keeping requirements.
Section 4. Requires records of transactions to be complete by
noon of day following transaction.
Section 5. Sets ten-day time frame within which goods must be
held by dealer before resale, trade, etc., and sets forth
conditions under which police chief is authorized to order a
longer hold period or to seize goods.
Section 6. Defines Unlawful actions by used goods dealers or
pawnbrokers.
Section 7. States conditions under which license may be denied,
revoked or suspended, and appeal procedures for licensee.
Section 8. Requires pawnbroker to post $1,000 bond in addition
to paying license fee.
Section 9. Sets forth penalty for any person convicted of
violating this ordinance.
Section 10. Repeals previous second-hand and pawnbroker
ordinances.
APPROVED by the City Council on the first reading this ~
day of ~_~ ~ , 1983.
PASSED by the City Council of the City of Bremerton,
Washington, signed by the Mayor and attested by the City Clerk in
authentication of such passage this ~ day of ~,~ ,
1983.
'M~R~IE DAWKINS
Mayor
ATTEST:
KATHLEEN L. McCLUSKEY I
City Clerk