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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 3 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 7 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