HomeMy WebLinkAbout3235Ordinance No. 3235
(Amending or Repealing Ordinances)
CFN=122 - Police/Fire Departments
Passed 7/5/1995
Amending Ch. 5.05.010, 5.05.080, 5.05.090 "Pawnbrokers"
Amended by Ord. 4007 (5.05.080;5.05-090)
ORDINANCE NO. . 3 a 3 s
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Kent City
Code Sections 5.05.010, 5.05.080, and
5.05.090 relating to pawnbrokers.
WHEREAS, during 1994 the City Council, pursuant to
Ordinance No. 3180, amended Chapter 5.05 of the Kent City Code
relating to licensing of pawnbrokers to update its provisions in
conformance with state law; and
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WHEREAS, the state legislature, during the 1995
legislative session, pursuant to House Bill 1012, amended the
Revised Code of Washington as it relates to regulation of
pawnbrokers, therefore, it is appropriate for the City Council to
amend Chapter 5.05 of the Kent City Code to be in conformance
with the recent state legislation; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Kent City Code Section 5.05.010 is hereby
amended as follows:
Sec. 5.05.010. Definitions.
The following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
1. Loan period means the period of time from the date
the loan is made until the date the loan is paid off, the loan is
in default or the loan is refinanced and new loan documents are
issued including all grace or extension periods.
-1— 2. Melted metals means metals derived from junk metal
or precious metals that have been reduced to a melted state from
other than ore or ingots which are produced from ore that has not
previously been processed.
�— 3. Metal junk means any metal that has previously
been milled, shaped, stamped, or forged and that is no longer
useful in its original form, except precious metals.
3- 4. Nonmetal junk means any nonmetal, commonly
discarded item that is worn out, or has outlasted its usefulness
as intended in its original form except nonmetal junk does not
include an item made in a former period which has enhanced value
because of its age.
4— 5. Pawnbroker means every person engaged, in whole or
in part, in the business of loaning money on the security of
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pledges of personal property, or deposits or conditional sales of
personal property, or the purchase or sale of personal property.
- 6. Precious metals means gold, silver, and platinum.
�— 7. Secondhand dealer means every person engaged, in
whole or in part, in the business of purchasing, selling,
trading, consignment selling, or otherwise transferring for
value, secondhand property including metal junk, melted metals,
precious metals, whether or not the person maintains a fixed
place of business within the state. "Second-hand dealer" also
includes persons or entities conducting business at flea markets
or swap meets, more than three (3) times per year.
4- 8. Second-hand property means any item of personal
property offered for sale which is not new, including metals in
any form, except postage stamps, coins that are legal tender,
bullion in the form of fabricated hallmarked bars, used books,
and clothing of a resale value of seventy-five dollars ($75.00)
or less, except furs.
o n � ft tialis r
t
9. Transaction means a pledge, or the purchase of, or
consignment of, or the trade of any item of personal property by
a pawnbroker or second-hand dealer from a member of the general
public.
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SECTION 2. Kent City Code Section 5.05.080 is hereby
amended as follows:
Sec. 5.05.080. Rates of interest and other fees.
A. All pawnbrokers are authorized to charge and
receive interest and other fees at the rates in this section for
money loaned on the security of personal property actually
received in pledge. The interest for the loan period shall not
exceed:
1. For an amount loaded up to nine dollars and
ninety-nine cents ($9.99) --interest at one dollar ($1.00) for
each thirty -day period to include the loan date.
2. For an amount loaded from ten dollars
($10.00) to nineteen dollars and ninety-nine cents
($19.99) --interest at one dollar twenty-five cents ($1.25) for
each thirty -day period to include the loan date.
3. For an amount loaded from twenty dollars
($20.00) to twenty-four dollars and ninety-nine cents
($24.99) --interest at one dollar fifty cents ($1.50) for each
thirty -day period to include the loan date.
4. For an amount loaded from twenty-five dollars
($25.00) to thirty-four dollars and ninety-nine cents
($34.99) --interest at one dollar seventy-five cents ($1.75) for
each thirty -day period to include the loan date.
5. For an amount loaded from thirty-five dollars
($35.00) to thirty-nine dollars and ninety-nine cents
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($39.99) --interest at two dollars ($2.00) for each thirty -day
period to include the loan date.
6. For an amount loaded from forty dollars
($40.00) to forty-nine dollars and ninety-nine cents
($49.99) --interest at two dollars and twenty-five cents ($2.25)
for each thirty -day period to include the loan date.
7. For an amount loaded from fifty dollars
($50.00) to fifty-nine dollars and ninety-nine cents
($59.99) --interest at two dollars and fifty cents ($2.50) for
each thirty -day period to include the loan date.
8. For an amount loaded from sixty dollars
($60.00) to sixty-nine dollars and ninety-nine cents
($69.99) --interest at two dollars and seventy-five cents ($2.75)
for each thirty -day period to include the loan date.
9. For an amount loaded from seventy dollars
($70.00) to seventy-nine dollars and ninety-nine cents
($79.99) --interest at three dollars ($3.00) for each thirty -day
period to include the loan date.
10. For an amount loaded from eighty dollars
($80.00) to eighty-nine dollars and ninety-nine cents
($89.99) --interest at three dollars and twenty-five cents ($3.25)
for each thirty -day period to include the loan date.
11. For an amount loaded from ninety dollars
($90.00) to ninety-nine dollars and ninety-nine cents
($99.99) --interest at three dollars and fifty cents ($3.50) for
each thirty -day period to include the loan date.
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12. For an amount loaded from one hundred dollars,
($100.00) or more --interest at the rate of three (3) percent for
each thirty -day period to include the loan date.
B. The fee for preparation of documents, pledges, or
reports required under the laws of the United States, the state,
King y Count or the city shall not exceed:
1. For the amount loaned up to four dollars and
ninety-nine cents ($4.99) --the sum of fifty cents ($0.50)
2. For the amount loaned from five dollars
($5.00) to nine dollars ($9.00) --the sum of two dollars ($2.00).
3. For the amount loaned from ten dollars
($10.00) to fourteen dollars and ninety-nine cents ($14.99) --the
sum of three dollars ($3.00).
4. For the amount loaned from fifteen dollars
($15.00) to nineteen dollars and ninety-nine cents ($19.99) --the
sum of three dollars and fifty cents ($3.50).
5. For the amount loaned from twenty dollars
($20.00) to twenty-four dollars and ninety-nine cents
($24.99) --the sum of four dollars ($4.00).
6. For the amount loaned from twenty-five
dollars ($25.00) to twenty-nine dollars and ninety-nine cents
($29.99) --the sum of four dollars and fifty cents ($4.50).
7. For the amount loaned from thirty dollars
($30.00) to thirty-four dollars and ninety-nine cents
($34.99) --the sum of five dollars ($5.00).
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8. For the amount loaned from thirty-five
dollars ($35.00) to thirty-nine dollars and ninety-nine cents
($39.99) --the sum of five dollars and fifty cents ($5.50).
9. For the amount loaned from forty dollars
($40.00) to forty-four dollars and ninety-nine cents
($44.99) --the sum of six dollars ($6.00).
10. For the amount loaned from forty-five dollars
($45.00) to forty-nine dollars and ninety-nine cents
($49.99) --the sum of six dollars and fifty cents ($6.50).
11. For the amount loaned from fifty dollars
($50.00) to fifty-four dollars and ninety-nine cents
($54.99) --the sum of seven dollars ($7.00).
12. For the amount loaned from fifty-five dollars
($55.00) to fifty-nine dollars and ninety-nine cents
($59.99) --the sum of seven dollars and fifty cents ($7.50).
13. For the amount loaned from sixty dollars
($60.00) to sixty-four dollars and ninety-nine cents
($64.99) --the sum of eight dollars ($8.00).
14. For the amount loaned from sixty-five dollars
($65.00) to sixty-nine dollars and ninety-nine cents
($69.99) --the sum of eight dollars and fifty cents ($8.50).
15. For the amount loaned from seventy dollars
($70.00) to seventy-four dollars and ninety-nine cents
($74.99) --the sum of nine dollars ($9.00).
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16. For the amount loaned from seventy-five
dollars ($75.00) to seventy-nine dollars and ninety-nine cents
($79.99) --the sum of nine dollars and fifty cents ($9.50).
17. For the amount loaned from eighty dollars
($80.00) to eighty-four dollars and ninety-nine cents
($84.99) --the sum of ten dollars ($10.00).
18. For the amount loaned from eighty-five
dollars ($85.00) to eighty-nine dollars and ninety-nine cents
($89.99) --the sum of ten dollars and fifty cents ($10.50).
19. For the amount loaned from ninety dollars
($90.00) to ninety-four dollars and ninety-nine cents
($94.99) --the sum of eleven dollars ($11.00).
20. For the amount loaned from ninety-five
dollars ($95.00) to ninety-nine dollars and ninety-nine cents
($99.99) --the sum of eleven dollars and fifty cents ($11.50).
21. For the amount loaned from one hundred
dollars ($100.00) to one hundred four dollars and ninety-nine
cents ($104.99) --the sum of twelve dollars ($12.00).
22. For the amount loaned from one hundred five
dollars ($105.00) to one hundred nine dollars and ninety-nine
cents ($109.99) --the sum of twelve dollars and twenty-five cents
($12.25).
23. For the amount loaned from one hundred ten
dollars ($110.00) to one hundred fourteen dollars and ninety-nine
cents ($114.99) --the sum of twelve dollars and seventy-five
($12.75).
X.
24. For the amount loaned from one hundred
fifteen dollars ($115.00) to one hundred nineteen dollars and
ninety-nine cents ($119.99) --the sum of thirteen dollars and
twenty-five cents ($13.25).
25. For the amount loaned from one hundred twenty
dollars ($120.00) to one hundred twenty-four dollars and ninety-
nine cents ($124.99) --the sum of thirteen dollars and fifty cents
($13.50).
26. For the amount loaned from one hundred
twenty-five dollars ($125.00) to one hundred twenty-nine dollars
and ninety-nine cents ($129.99) --the sum of thirteen dollars and
seventy-five cents ($13.75).
27. For the amount loaned from one hundred thirty
dollars ($130.00) to one hundred forty-nine dollars and ninety-
nine cents ($149.99) --the sum of fourteen dollars and fifty cents
($14.50).
28. For the amount loaned from one hundred fifty
dollars ($150.00) to one hundred seventy-four dollars and ninety-
nine cents ($174.99) --the sum of fourteen dollars and seventy-
five cents ($14.75).
29. For the amount loaned from one hundred
seventy-five dollars ($175.00) to one hundred ninety-nine dollars
and ninety-nine cents ($199.99) --the sum of fifteen dollars
($15.00).
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30. For the amount loaned from two hundred
dollars ($200.00) to two hundred twenty-four dollars and ninety-
nine cents ($224.99) --the sum of sixteen dollars ($16.00).
31. For the amount loaned from two hundred
twenty-five dollars ($225.00) to two hundred forty-nine dollars
and ninety-nine cents ($249.99) --the sum of seventeen dollars
($17.00).
32. For the amount loaned from two hundred fifty
dollars ($250.00) to two hundred seventy-four dollars and ninety-
nine cents ($274.99) --the sum of eighteen dollars ($18.00).
33. For the amount loaned from two hundred
seventy-five dollars ($275.00) to two hundred ninety-nine dollars
and ninety-nine cents ($299.99) --the sum of nineteen dollars
($19.00).
34. For the amount loaned from three hundred
dollars ($300.00) to three hundred twenty-four dollars and
ninety-nine cents ($324.99) --the sum of twenty dollars ($20.00).
35. For the amount loaned from three hundred
twenty-five dollars ($325.00) to three hundred forty-nine dollars
and ninety-nine cents ($349.99) --the sum of twenty-one dollars
($21.00).
36. For the amount loaned from three hundred
i fifty dollars ($350.00) to three hundred seventy-four dollars and
ninety-nine cents ($374.99) --the sum of twenty-two dollars
($22.00).
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37. For the amount loaned from three hundred
seventy-five dollars ($375.00) to three hundred ninety-nine
dollars and ninety-nine cents ($399.99) --the sum of twenty-three
dollars ($23.00).
38. For the amount loaned from four hundred
dollars ($400.00) to four hundred twenty-four dollars and ninety-
nine cents ($424.99) --the sum of twenty-four dollars ($24.00).
39. For the amount loaned from four hundred
twenty-five dollars ($425.00) to four hundred forty-nine dollars
and ninety-nine cents ($449.99) --the sum of twenty-five dollars
($25.00).
40. For the amount loaned from four hundred fifty
dollars ($450.00) to four hundred seventy-four dollars and
ninety-nine cents ($474.99) --the sum of twenty-six dollars
($26.00).
41. For the amount loaned from four hundred
seventy-five dollars ($475.00) to three hundred ninety-nine
dollars and ninety-nine cents ($499.99) --the sum of twenty-seven
dollars ($27.00).
42. For the amount loaned from five hundred
dollars ($500.00) to five hundred twenty-four dollars and ninety
nine cents ($524.99) --the sum of twenty-eight dollars ($28.00).
43. For the amount loaned from five hundred
twenty-five dollars ($525.00) to five hundred forty-nine dollars
and ninety-nine cents ($549.99) --the sum of twenty-nine dollars
($29.00).
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44. For the amount loaned from five hundred fifty
dollars ($550.00) to five hundred ninety-four dollars and ninety-
nine cents ($599.99) --the sum of thirty dollars ($30.00).
45. For the amount loaned from six hundred
dollars ($600.00) to six hundred ninety-nine dollars and ninety-
nine cents ($699.99) --the sum of thirty-five dollars ($35.00).
46. For the amount loaned from seven hundred
dollars ($700.00) to seven hundred ninety-nine dollars and
ninety-nine cents ($799.99) --the sum of forty dollars ($40.00).
47. For the amount loaned from eight hundred
dollars ($800.00) to eight hundred ninety-nine dollars and
ninety-nine cents ($899.99) --the sum of forty dollars ($40.00).
48. For the amount loaned from nine hundred
dollars ($900.00) to nine hundred ninety-nine dollars and ninety
nine cents ($999.99) --the sum of fifty dollars ($50.00).
49. For the amount loaned from one thousand
dollars ($1,000.00) to one thousand four hundred ninety-nine
dollars and ninety-nine cents ($1,499.99) --the sum of fifty-five
dollars ($55.00).
50. For the amount loaned from one thousand five
hundred dollars ($1,500.00) to one thousand nine hundred ninety-
nine dollars and ninety-nine cents ($1,999.99) --the sum of sixty
dollars ($60.00).
51. For the amount loaned from two thousand
dollars ($2,000.00) to two thousand four hundred ninety-nine
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dollars and ninety-nine cents ($2,499.99)--the sum of sixty-five
dollars ($65.00).
52. For the amount loaned from two thousand five
hundred dollars ($2,500.00) to two thousand nine hundred ninety-
nine dollars and ninety-nine cents ($2,999.99)--the sum of
seventy dollars ($70.00).
53. For the amount loaned from three thousand
dollars ($3,000.00) to three thousand four hundred ninety-nine
dollars and ninety-nine cents ($3,499.99)--the sum of seventy-
five dollars ($75.00).
54. For the amount loaned from three thousand
five hundred dollars ($3,500.00) to three thousand nine hundred
ninety-nine dollars and ninety-nine cents ($3,999.99)--the sum of
eighty dollars ($80.00).
55. For the amount loaned from four thousand
dollars ($4,000.00) to four thousand four hundred ninety-nine
dollars and ninety-nine cents ($4,499.99)--the sum of eighty-five
dollars ($85-00).
56. For the amount loaned from four thousand five
hundred dollars ($4,500.00) or more --the sum of ninety dollars
($90.00).
C. Fees under subsections of this section may be
charged one (1) time only did-ring t I'e t for each
loan eriod• no additional fees other than interest allowed
under subsection (A) of this section shall be charged for making
the loan.
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D. A copy of this section set in twelve -point type or
larger shall be posted prominently in each premises subject to
this chapter.
SECTION 3. Kent City Code Section 5.05.090 is hereby
amended as follows:
Sec. 5.05.090. Sale of pledged property limited.
A. The term of the loan shall be for a period of
thirty 30 days to include the date of the loan.
B. A pawnbroker shall not sell any property received
in pledge until both the term of the loan and a grace period of a
minimum of sixty (60) days has expired. However, if a pledged
article is not redeemed within the ninety (90) day period of betla
the term of the loan and the grace period, the pawnbroker shall
have all rights, title and interest of that item of personal
property. The pawnbroker shall not be required to account to the
pledgor for the proceeds received from the disposition of that
item. Any provision of law relating to the foreclosures and the
subsequent sale of forfeited pledged items, shall not be
applicable to any pledge as defined under this chapter, the title
to which is transferred in accordance with this section.
B— C. Every loan transaction entered into by a
pawnbroker shall be evidenced by a written document, a copy of
which shall be furnished to the pledgor. The document shall set
forth the term of the loan,—L the final date of which the loan is
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due
and payable,,—l.
the
loan preparation
fee;
the amount of
interest
charged
every
thirty
(30) -days;
the
total amount due
including the rinci al amount the reparation fee and all
interest charges due if the loan is outstanding for the full
ninety (90) days allowed by the term and minimum grace period:
and the annual percentage rate, and shall inform the pledgor of
the pledgor's right to redeem the pledge at any time within ey
�_«< the term of the
loan or the minimum sixty (60) day grace period.
D. If a person who has entered into a loan
transaction with a Tpawnbroker in this state is unable to redeem
and repay the loan on or before the expiration of the term of the
loan plus the minimum sixty (60) day grace period and that
person wishes to retain his or her rights to use that item by
rewriting the loan and if both parties mutually agree, an
existing loan transaction may be rewritten into a new loan
either in person or by mail All applicable provisions of this
chapter shall be followed in rewriting a loan except that where
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an existing loan is rewritten by mail subsection 5.05.030(A)(1). -
and
05 030(A)(l).-
and (7) shall not apply.
SECTION 4. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
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or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
SECTION 5. Effective Date. This ordinance shall
take effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
ATTEST:
TltITiTTTIT TT "/TIT?T] CITY CLERK
�DovtJi9 S(,cif}GJ� R CTi/tJG
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY r
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PASSED day of 1995. 4LZ -
APPROVED day of utic_-�,
1995.
-T
PUBLISHED day of 1995.
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I hereby certify that this is a true copy of ordinance
No. 3,Q passed by the city Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
CITY CLERK
DL,) Aj A)A 5 0 A L) A CTI A) 6
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