HomeMy WebLinkAbout3180Ordinance No. 3180
(Amending or Repealing Ordinances)
CFN=175 — Business License
Passed 8/2/1994
"Pawnbrokers", Chapter 5.05
Amended by Ord. 4007 (5.05.080;5.05.090)
ORDINANCE NO. —31 Y o
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
5.05 entitled "Pawnbrokers" to bring the
provisions of said chapter into compliance
with state law.
WHEREAS, Chapter 46.90 of the Revised Code of
Washington (RCW) regulates the operation of pawnbrokers within
the state of Washington; and
WHEREAS, Chapter 5.05 of the Kent City Code (KCC) was
enacted to regulate the operation of pawnbrokers within the City
of Kent; and
WHEREAS, Chapter 46.90 RCW was amended by Laws 1991,
Chapter 323 and Chapter 355, resulting in inconsistencies with
Chapter 5.05 KCC; and
WHEREAS, Chapter 5.05 KCC should be amended to bring
its provisions into compliance with those of state law; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Kent City Code Chapter 5.05 entitled
"Pawnbrokers" is hereby amended to read as follows:
CHAPTER 5.05. PAWNBROKERS
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:
A. 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.
B. 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.
C. 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.
D. Pawnbroker means every person engaged, in whole or in
part, in the business of loaning money on the security of pledges
of personal property, or deposits or conditional sales of
personal property or the purchase or sale of personal property.
E. Precious metals means gold, silver, and platinum.
F. 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 times per year.
G. Secondhand 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.
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H. Term of the loan as defined in this chapter shall be
set for a period of thirty (30) days to include the date of the
loan.
I. 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 seeandha a dealer from a member of
the general public.
Sec. 5.05.020. Fixed place of business.
No person may operate as a pawnbroker unless the person
maintains a fixed place of business within the city.
Sec. 5.05.030. Records of transactions.
A. Every pawnbroker and second-hand seeendiia a dealer
doing business in the city shall maintain wherever that business
is conducted a record in which shall be legibly written in the
English language, at the time of each transaction the following
information:
1. The signature of the person with whom the
transaction is made;
2. The date of the transaction;
3. The name of the person or employee or the
identification number of the person or employee conducting the
transaction as required by the chief of police;
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4. The name, date of birth, sex, height, weight, race
and address and telephone number of the person with whom the
transaction is made;
5. A complete description of the property pledged,
bought, or consigned, including the brand name, serial number,
model number or name, any initials or engravings, size, patterns,
and color or stone or stones, and in the case of firearms, the
caliber, barrel length, type of action, and whether it is a
pistol, rifle or shotgun;
6. The price paid or the amount loaned;
7. The type and identifying number of identification
used by the person with whom the transaction was -ire made, which
shall consist of a valid driver's license or identification card
issued by any state or two 4-2+ pieces of identification issued by
a governmental agency, one 44+ of which shall be descriptive of
the person identified At all times one piece of current
,government issued picture identification will be reauired; and
8. The nature of the transaction, a number
identifying the transaction, the store identification as
designated by the applicable law enforcement agency or the name
and address of the business and the name of the person or
employee conducting the transaction, and the location of the
property.
B. This record shall at all times, during the ordinary
hours of business, or at reasonable times if ordinary hours of
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business are not kept, be open to the inspection of any
commissioned law enforcement officer of the city, state or any of
its political subdivisions, and shall be maintained wherever that
business is conducted for three (3) years following the date of
the transaction.
Sec. 5.05.040. Report to chief of police.
A. Upon request, every pawnbroker and second-hand
seeendIzia dealer doing business in the city shall furnish or
mail within twenty-four (24) hours to the chief of police
aY L }� �� �� , a full, true and correct
ferffis as are r
revided transcript of the record of all transactions conducted on the
preceding day within the city. These transactions shall be
recorded on such forms as may be provided and in such format as
may be required by the chief of police This information may be
transmitted electronically, by facsimile transmission, or by
modem or similar device or by delivery of computer disk subject
to the requirements of and approval by, the chief of police.
B. If a pawnbroker or second-hand
endlcia dealer has
good cause to believe that any property in his possession has
been previously lost or stolen, the pawnbroker or second-hanseeed
rdiia dealer shall promptly report that fact to the chief of
police together with the name of the owner, if known, and the
date when, and the name of the person from whomr it was received.
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Sec. 5.05.050. Notification of stolen property.
Following notification from a law enforcement agency that an
item of property has been reported as stolen, the pawnbroker or
second-hand seeendha a dealer shall hold that property intact and
safe from alteration, damage or commingling. The pawnbroker or
second-hand seeendha a dealer shall place an identifying tag or
other suitable identification on property so held. Property held
shall not be released for one hundred twenty (120) days from the
date of police notification unless released by written consent of
the applicable law enforcement agency or by order of a court of
competent jurisdiction. In cases where the applicable law
enforcement agency has ]laced a verbal hold on an item, that
agency must then give written notice within ten (10) business
days If such written notice is not received within that period
of time then the hold order will cease. The pawnbroker or
second-hand seeendha a dealer shall give a twenty (20) day ten
written notice before the expiration of the on
hundred twenty (120 ) day ene hidn4re4 twenty day holding period to
the applicable law enforcement agency about the stolen property.
If notice is not given within the required twenty ten day period,
then the hold on the property shall continue for an additional
one hundred twenty (120) days. The applicable law enforcement
agency may renew the holding period for additional one hundred
twenty (120) day ene hundred twenty 4ay periods as necessary.
After the receipt of notification from a pawnbroker or second -
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hand dealer, if an additional holding period is required the
applicable law enforcement agency shall give the pawnbroker or
second-hand dealer written notice prior to the expiration of the
existing hold order. A law enforcement agency shall not place on
hold any item of personal property unless that agency reasonably
suspects that the item of personal property is a lost or stolen
item Any hold that is placed on an item will be removed as soon
as practicable after the item on hold is determined not to be
stolen or lost.
Sec. 5.05.060. Retention of pawned property; inspection.
Property bought or received in pledge by any pawnbroker
shall not be removed from that place of business, except when
redeemed by or returned to the owner within thirty (30) F;��Ete
(IS) days after receipt of the property. Property shall at all
times during the ordinary hours of business be open to inspection
to any commissioned law enforcement officer of the city, state or
any of its political subdivisions.
Sec. 5.05.070. Retention of consigned property; inspection.
A. Property bought or received on consignment by a second-
hand seeendha a dealer with a permanent place of business in the
cite shall not be removed from that place of business,
except consigned property returned to the owner within thirty
30 iT n(15) days after the receipt of the property.
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Property shall, at all times during the ordinary hours of
business, be open to inspection to any commissioned law
enforcement officer of the city, state or any of its political
subdivisions.
B. Property bought or received on consignment by a second-
hand seeen4heftd dealer without a permanent place of business in
the city, shall be held within the city, except consigned
property returned to the owner, for thirty (30) fifteen '351 days
after receipt of the property. The property shall be available
for inspection at reasonable times by any commissioned law
enforcement officer of the city, state or any of its political
subdivisions.
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 shall not exceed:
1. For an amount loaned up to 89-99 - interest at
$1.00 for each thirty day period to include the loan date.
2. For an amount loaned from $10-00 to $19-99 -
interest at the rate of $1.25 for each thirty -day period to
include the loan date.
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3. For an amount loaned from S20.00 to S24 99 -
interest at the rate of $1.50 for each thirty -day period
incline loan date._
4. For an amount loaned from $25.00 to $34,99 -
interest at the rate of 51.75 for each thirty -day period to
include the loan date.
5. For an amount loaned from $35.00 to $39—.9-9--
interest
39 99 -
interest at the rate of $2.00 for each thirty -day period to
include the loan date.
� For an amount loaned from $40.00 to 549 99 -
interest at the rate of $2.25 for each thirty -day period to
include the loan date.
7. For an amount loaned from 550 00 to :W-99 -
interest at the rate of $2.50 or each thirty-dav period to
include the loan date._
8. For an amount loaned from $60-00 to 869.99 -
interest at the rate of $2.75 or each thirty-dav period to
include the loan date.
9. For an amount loaned from $70.00 to $79.99 -
interest at the rate of 53 00 or each thirty -day period to
include the loan date.
10. For the amount loaned from $80-00 to 889.99 --
interest at the rate of $3.25 for each thirty -day period to
include the loan date.
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11. For the amount loaned from S20-00 to S99-.-9-9--
interest
99 99 -
interest at the rate of S3 50 for each thirty -day period to
include the loan date._
12. For the amount loaned from S100.00 or more
interest at the rate of three percent for each thirty -day period
to include the loan date.
Im. nne .] l l ($i.99)
E)nen l i i
eef 13
i ars a ni-nety nine eents
-, EP -we ,]ars($2.999)
($39-99);
int- leaneel
t lh"c nn\ -
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l fifty $ '1
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and
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Elel:a:ars and ninety nine eents
S. Three dellars
($199.99) ;
($3.99) per u w
L a eleil
leaned
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-
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6. mL, ree
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B. The fee for preparation of documents, pledges, or
reports required under the laws of the United States, the state,
King County or the city shall not exceed:
1. For the amount loaned up to S4.99 - the sum
of
50•
2. For the amount loaned from S5.0,0 to S9.00 - the
sum of $2.00;
3. For the amount loaned from 810.00 to $14.99 - the
sum of 83.00;
4. For the amount loaned from $15.00 to 819-99 - the
sum of $3.50;
5. For the amount loaned from $20-00 to S24 99 - the
sum of 54.00:
6. For the amount loaned from 825-00 to 829-99 - the
sum of $4.50;
7. For the amount loaned from 530_00 to S34.99 - the
Gum of 55.00;
8. For the amount loaned from $35.00 to $39-99 - the
Gum of 85.50:
9. For the amount loaned from $40,00 to 544.99 - the
sum of $6.00:
10. For the amount loaned from $45.00 to 849 99 - the
sum of $6.50:
11. For the amount loaned from $50-00 to 554.99 - the
sum of $7.00:
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24. For the amount loaned from 8115.00 to 5119.99 -
the sum of $13.25;
25. For the amount loaned from 8120.00 to 5124.99 -
the sum of $13.50;
26. For the amount loaned from $125_00 to $12a,-9-9-
the
129 99 -
the sum of $13.75;
27. For the amount loaned from $130.00 to 5149 99 -
the sum of 514.50;
28. For the amount loaned from $150-00 to $17A-9-9--
the
174.99-
the sum of $14.75;
29. For the amount loaned from $175.00 to $199-99 -
the sum of $15.00;
30. For the amount loaned from $200-00 to $224.99 -
the sum of $16.00;
31. For the amount loaned from $225.00 to 824a-.-9-9--
the
249.99-
the sum of $17.00;
32. For the amount loaned from $250.00 to 5274.99 -
the sum of $18.00;
33. For the amount loaned from $275.00 to $299.99 -
the sum of 519.00;
34. For the amount loaned from $300-00 to 5324.99 -
the sum of $20.00;
35. For the amount loaned from 8325.00 to $349.99 -
the sum of $21.00;
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36. For the amount loaned from $350-00 to $374.99 -
the sum of $22.00;
37. For the amount loaned from $375.00 to $399.99 -
the sum of $23.00;
38. For the amount loaned from $400.00 to $424.99 -
the sum of $24.00;
39. For the amount loaned from 8425.00 to 5449.99 -
the sum of $25.00;
40. For the amount loaned from $450.00 to $474.99 -
the sum of $26.00;
41. For the amount loaned from $475.00 to $499.99 -
the sum of $27.00;
42. For the amount loaned from $500.00 to $524.99 -
the sum of $28.00;
43. For the amount loaned from 5525.00 to $549.99 -
the sum of $29.00;
44. For the amount loaned from 8550.00 to 8599.99 -
the sum of 530.00;
45. For the amount loaned from $600.00 to S699.99 -
the sum of $35.00;
46. For the amount loaned from $700-00 to $799.99 -
the sum of $40.00;
47. For the amount loaned from 5800.00 to 8899-99 -
the sum of $40.00;
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48. For the amount loaned from 8900.00 to 5999.99 -
the sum of $50.00;
49. For the amount loaned from 51000 00 to 51499 99 -
the slim of $55.00;
50. For the amount loaned from $1501-00 to $1999-99 --
the sum of 560.00;
51. For the amount loaned from 82000-00 to 52499 99 --
the sum of $65.00;
52. For the amount loaned from 52500 00 to 52999 99 -
the sum of $70.00;
53. For the amount loaned from $3000.00 to $3499-99 -
the sum of $75.00;
54. For the amount loaned from 83500-00 to $3999.99 -
the sum of $80.00;
55. For the amount loaned from $4000.00 to $4499.99 -
the sum of 585.00;
56. For the amount loaned from 84500-00 or more - the
sum of 590.00.
feure l lars .J ninety -ts (cin 99) _
five-ele11-ai�'S is uv lcai o 1
nine eenta
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n n\ F { L eunt 1tne a F .m
n aelY� ui
Genu "T-Th729-997
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cents' -"'C$39 -99T
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1 0 ($6. uin i
eents ($499.99)
17
4 £
uv
i z
tite
i
aFfletffit--ll5ftfke'4
nine eents
feur v v nel ------ - 1
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t l lars ,]i..Y nine eents
F
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---�rrcr-'-�-r�
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t ti.
ie
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ninety
1 7 nfiteen ($17.99,
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nine .7 l l
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C. Fees under subsection B. of this section may be charged
one (1) time only during the term of a pledge.
D. A copy of this section set in twelve -point type or
larger shall be posted prominently in each premises subject
to this chapter.
Sec. 5.05.090. Sale of pledged property limited.
A. A pawnbroker shall not sell any property received in
pledge until both the term of the loan and a grace period Df --a
minimum of sixty (60) days has expired
ft the teaFm_e . However, if a pledged article
is not redeemed within the ninety 90 --da-y day period of both
the term of the loan and the grace period, the pawnbroker shall
have his all rights, title and interest of that item of personal
property The pawnbroker
shall not be required to account to the pledgor for the proceeda
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
FC
under this chapter,.the title to which is transferred in
accordance with this section.
B. Every 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 pe-rr , the date of which the loan is due and
payable, and shall inform the pledgor of the pledgor's right to
redeem the pledge within sixty (60) ninety "'0; days after the
expiration of the loan term.
Sec. 5.05.100. Violations, penalty.
A. It is unlawful for:
1. A -any person to remove, alter or obliterate any
manufacturer's make, model or serial number, personal
identification number, or identifying marks engraved or etched
upon an item of personal property that was purchased, consigned
or received in pledge. In addition an item shall not be accepted
for pledge or a second-hand purchase where the manufacturer's
make model or serial number, personal identification number, or
identifying marks engraved or etched upon an item of personal_
property has been removed altered or obliterated;
2.Bi l a -F„! F A -any person to knowingly make,
cause or allow to be made any false entry or misstatement of any
material matter in a book, record, or writing required to be kept
under this chapter.
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3.C--. It is Unlawful f = Aany pawnbroker or seeendha
second-hand dealer to receive any property from any person
under the age of eighteen (18) years, or any person under the
influence of intoxicating liquor or drugs.
4. it is unlawfulF or any pawnbroker or second-hand
endhand dealer to receive any property from any person known
to the pawnbroker or second-hand seeendha dealer as having been
convicted of burglary, robbery, theft or possession of or
receiving stolen property within the past ten (10) years whether
the person is acting in his or her own behalf or as the agent of
another.
5. Any pawnbroker to engage in the business of
,cashing or selling checks drafts money orders, or other
commercial paper serving the same purpose unless the pawnbroker
complies with the provisions of chapter 31.45 RCW; or
6. it is unja••�= A -any person to violate
knowingly any other provision -a of this chapter.
B.E-.- Violation of any of the sections of this chapter is a
gross misdemeanor punishable by imprisonment for not more than
one (1) year or a fine of not more than five thousand dollars
($5,000.00) or both.
I'�sec. 5,05.110- Resale agreement to avoid interest and fee
irestrictions prohibited.
A purchase of personal property shall not be made on the
icondition of selling it back at a stipulated timean ri e
!greater than the purchase price for the purpose of avoiding the
,interest and fee restrictions of this chaper.
!,Sec. 5.05.1201-1$. Transactions excluded.
The provisions of this chapter do not apply to transactions
conducted by the following:
1. Motor vehicle dealers licensed under Chapter "^ter
46.70 RCW;
2. Motor vehicle wreckers or hulk haulers licensed under
Chapter 46.79 RCW or Chapter 46.80 nnrT RCW �el:i. 46.49
3. Persons giving an allowance for the trade-in or
exchange of secondhand property on the purchase of other
merchandise of the same kind of e-ia greater value; and
4. Persons in the business of buying or selling empty food
and beverage containers or metal or nonmetal junk.
SECTION 2. Severability. If any section, sentence,
iclause 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
22
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
SECTION 3. 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. w.
JI WHITE,"MAYOR
ATTEST:
BRENDA JACOBER CIT CLERK
APPROVED AS TO FORM:
FROG R A. LU OVICH, CI ------- -
23
PASSED att-" 1994.
� day of '
APPROVED day of 1994.
++ PUBLISHED day of C�.��� 1994 .
i
I hereby certify that this is a true copy of Ordinance
No. / LE, 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 )
BRENDA JACOB ITY CLERK
pawnbrk.ord
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