HomeMy WebLinkAbout4007AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 5.05
of the Kent City Code, entitled "Pawnbrokers," to
bring the Kent City Code into compliance with
current state law.
RECITALS
A. In 1995 the City Council, pursuant to Ordinance 3235,
amended Chapter 5.05 of the Kent City Code relating to licensing of
pawnbrokers to update its provisions in conformance with state law.
B. The state legislature, during the 2007 legislative session,
pursuant to House Bill 1231, 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 bring it into
conformance with current state law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
SECTION 1. -Amendment. Chapter 5.05 of the Kent City Code is
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.
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.
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.
5. Pawnbroker means every person engaged, in whole or in part, in the
business of loaning money on the security of pledges of personal property,
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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. Second-hand dealer means every person engaged, in whole or in
part, in the business of purchasing, selling, trading, consignment selling, or
otherwise transferring for value, second-hand 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.
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) or less, except furs.
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.
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 dealer doing business in the city
shall maintain wherever that business is conducted a record in which shall
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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;
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 made, which shall consist of a valid
driver's license or identification card issued by any state or two (2) pieces
of identification issued by a governmental agency, one (1) of which shall
be descriptive of the person identified. At all times, one (1) piece of
current government issued picture identification will be required; and
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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 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 dealer doing
business in the city shall furnish or mail within twenty-four (24) hours to
the chief of police a full, true and correct 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 dealer has good cause to believe
that any property in his possession has been previously lost or stolen, the
pawnbroker or second-hand 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 whom 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 dealer shall hold
that property intact and safe from alteration, damage or commingling. The
pawnbroker or second-hand 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 placed 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
dealer shall give a twenty (20) day written notice before the expiration of
the one hundred twenty (120) day holding period to the applicable law
enforcement agency about the stolen property. If notice is not given within
the required twenty (20) 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 periods as necessary. After the receipt of
notification from a pawnbroker or second-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
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removed from that place of business, except when redeemed by, or
returned to the owner within thirty (30) 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
dealer with a permanent place of business in the city shall not be removed
from that place of business, except consigned property returned to the
owner within thirty (30) days after the 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.
B. Property bought or received on consignment by a second-hand
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) 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 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) for each thirty (30) day period to
include the loan date.
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2. For an amount loaded from ten dollars ($10) to nineteen
dollars and ninety-nine cents ($19.99) -interest at one dollar and twenty-
five cents ($1.25) for each thirty (30) day period to include the loan date.
3. For an amount loaded from twenty dollars ($20) to twenty-
four dollars and ninety-nine cents ($24. 99) -interest at one dollar and
fifty cents ($1.50) for each thirty (30) day period to include the loan date.
4. For an amount loaded from twenty-five dollars ($25) to thirty-
four dollars and ninety-nine cents ($34. 99) -interest at one dollar and
seventy-five cents ($1. 75) for each thirty (30) day period to include the
loan date.
5. For an amount loaded from thirty-five dollars ($35) to thirty-
nine dollars and ninety-nine cents ($39.99) -interest at two dollars ($2)
for each thirty (30) day period to include the loan date.
6. For an amount loaded from forty dollars ($40) to forty-nine
dollars and ninety-nine cents ($49.99) -interest at two dollars and
twenty-five cents ($2.25) for each thirty (30) day period to include the
loan date.
7. For an amount loaded from fifty dollars ($50) to fifty-nine
dollars and ninety-nine cents ($59. 99) -interest at two dollars and fifty
cents ($2.50) for each thirty (30) day period to include the loan date.
8. For an amount loaded from sixty dollars ($60) to sixty-nine
dollars and ninety-nine cents ($69.99) -interest at two dollars and
seventy-five cents ($2. 75) for each thirty (30) day period to include the
loan date.
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9. For an amount loaded from seventy dollars ($70) to seventy-
nine dollars and ninety-nine cents ($79.99) -interest at three dollars ($3)
for each thirty (30) day period to include the loan date.
10. For an amount loaded from eighty dollars ($80) to eighty-nine
dollars and ninety-nine cents ($89.99) -interest at three dollars and
twenty-five cents ($3.25) for each thirty (30) day period to include the
loan date.
11. For an amount loaded from ninety dollars ($90) to ninety-nine
dollars and ninety-nine cents ($99.99) -interest at three dollars and fifty
cents ($3.50) for each thirty (30) day period to include the loan date.
12. For an amount loaded from one hundred dollars ($100) or
more -interest at the rate of three (3) percent for each thirty (30) 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 County or the city shall
not exceed:
1. For the amount loaned up to four dollars and ninety-nine
cents ($4.99) -the sum of one dollar and fifty cents ($~1.50).
2. For the amount loaned from five dollars ($5) to nine dollars
($9) -the sum of ffiethree dollars ($-2:_3_).
3. For the amount loaned from ten dollars ($10) to fourteen
dollars and ninety-nine cents ($14.99) -the sum of ffireefour dollars
($-31).
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4. For the amount loaned from fifteen dollars ($15) to nineteen
dollars and ninety-nine cents ($19.99) -the sum of tlweefour dollars and
fifty cents ( $3-;-5-04. 50).
5. For the amount loaned from twenty dollars ($20) to twenty-
four dollars and ninety-nine cents ($24.99) -the sum of fe.ttffive dollars
( $4.5_).
6. For the amount loaned from twenty-five dollars ($25) to
twenty-nine dollars and ninety-nine cents ($29.99) -the sum of fe.ttffive
dollars and fifty cents ($+.5-95.50).
7. For the amount loaned from thirty dollars ($30) to thirty-four
dollars and ninety-nine cents ($34. 99) -the sum of #v-esix dollars ($5.Q).
8. For the amount loaned from thirty-five dollars ($35) to thirty-
nine dollars and ninety-nine cents ($39. 99) -the sum of #v-esix dollars and
fifty cents ($5-;-5B6.50).
9. For the amount loaned from forty dollars ($40) to forty-four
dollars and ninety-nine cents ($44.99) -the sum of s+x:seven dollars ($6Z).
10. For the amount loaned from forty-five dollars ($45) to forty-
nine dollars and ninety-nine cents ($49.99) -the sum of s+x:seven dollars
and fifty cents ($6-;--5B7.50).
11. For the amount loaned from fifty dollars ($50) to fifty-four
dollars and ninety-nine cents ($54.99) -the sum of seveneight dollars
( $72.6.).
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12. For the amount loaned from fifty-five dollars ($55) to fifty-
nine dollars and ninety-nine cents ($59. 99) -the sum of seveneight
dollars and fifty cents ($-7--;--5Et8.50).
13. For the amount loaned from sixty dollars ($60) to sixty-four
dollars and ninety-nine cents ($64.99) -the sum of ef§hlnine dollars
($8_2).
14. For the amount loaned from sixty-five dollars ($65) to sixty-
nine dollars and ninety-nine cents ($69.99) -the sum of ef§hlnine dollars
and fifty cents ($&.-5B9.50).
15. For the amount loaned from seventy dollars ($70) to seventy-
four dollars and ninety-nine cents ($74.99) -the sum of ftffieten dollars
($-910).
16. For the amount loaned from seventy-five dollars ($75) to
seventy-nine dollars and ninety-nine cents ($79. 99) -the sum of ftffieten
dollars and fifty cents ($9--;-;5-810.50).
17. For the amount loaned from eighty dollars ($80) to eighty-
four dollars and ninety-nine cents ($84. 99) -the sum of re-A-eleven dollars
($±911).
18. For the amount loaned from eighty-five dollars ($85) to
eighty-nine dollars and ninety-nine cents ($89.99) -the sum of re-A-eleven
dollars and fifty cents ($10.5011.50).
19. For the amount loaned from ninety dollars ($90) to ninety-
four dollars and ninety-nine cents ($94. 99) -the sum of eleventwelve
dollars ($-H-12).
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20. For the amount loaned from ninety-five dollars ($95) to
ninety-nine dollars and ninety-nine cents ($99.99) -the sum of
eleventwelve dollars and fifty cents ($11.5012.50).
21. For the amount loaned from one hundred dollars ($100) to
one hundred four dollars and ninety-nine cents ($104.99) -the sum of
twel-v-ethirteen dollars ($H13).
22. For the amount loaned from one hundred five dollars ($105)
to one hundred nine dollars and ninety-nine cents ($109.99) -the sum of
twel-v-ethirteen dollars and twenty-five cents ($12.2513.25).
23. For the amount loaned from one hundred ten dollars ($110)
to one hundred fourteen dollars and ninety-nine cents ($114.99) -the
sum of twel-v-ethirteen dollars and seventy-five cents ($12.7513. 75).
24. For the amount loaned from one hundred fifteen dollars
($115) to one hundred nineteen dollars and ninety-nine cents ($119.99) -
the sum of thirtccnfourteen dollars and twenty-five cents ($13.2514.25).
25. For the amount loaned from one hundred twenty dollars
($120) to one hundred twenty-four dollars and ninety-nine cents
($124.99) -the sum of thirtccnfourteen dollars and fifty cents
($13.5014.50).
26. For the amount loaned from one hundred twenty-five dollars
($125) to one hundred twenty-nine dollars and ninety-nine cents
($129.99) -the sum of thirtcenfourteen dollars and seventy-five cents
($13.7514.75).
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27. For the amount loaned from one hundred thirty dollars ($130)
to one hundred forty-nine dollars and ninety-nine cents ($149.99) -the
sum of fourteen.fifteen dollars and fifty cents ($14.5015.50).
28. For the amount loaned from one hundred fifty dollars ($150)
to one hundred seventy-four dollars and ninety-nine cents ($174.99) -the
sum of fourteenfifteen dollars and seventy-five cents ($14 .7515. 75).
29. For the amount loaned from one hundred seventy-five dollars
($175) to one hundred ninety-nine dollars and ninety-nine cents ($199.99)
-the sum of fifteensixteen dollars ($±-5-16).
30. For the amount loaned from two hundred dollars ($200) to
two hundred twenty-four dollars and ninety-nine cents ($224. 99) -the
sum of sixteenseventeen dollars ($-±-617).
31. For the amount loaned from two hundred twenty-five dollars
($225) to two hundred forty-nine dollars and ninety-nine cents ($249. 99)
-the sum of seventeeneighteen dollars ($-±-718).
32. For the amount loaned from two hundred fifty dollars ($250)
to two hundred seventy-four dollars and ninety-nine cents ($274. 99) -the
sum of eighteennineteen dollars ($-±-819).
33. For the amount loaned from two hundred seventy-five dollars
($275) to two hundred ninety-nine dollars and ninety-nine cents ($299.99)
-the sum of nineteentwenty dollars ($-1-9-20).
34. For the amount loaned from three hundred dollars ($300) to
three hundred twenty-four dollars and ninety-nine cents ($324.99) -the
sum of twenty-one dollars ($'2-B-21).
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35. For the amount loaned from three hundred twenty-five dollars
($325) to three hundred forty-nine dollars and ninety-nine cents ($349.99)
-the sum of twenty-e-A-etwo dollars ($-2-±22).
36. For the amount loaned from three hundred fifty dollars ($350)
to three hundred seventy-four dollars and ninety-nine cents ($374.99) -
the sum of twenty--twethree dollars ($-2-2-23).
37. For the amount loaned from three hundred seventy-five
dollars ($375) to three hundred ninety-nine dollars ant! ninety-nine cents
($399.99) -the sum of twenty-ffireefour dollars ($-2-324).
38. For the amount loaned from four hundred dollars ($400) to
four hundred twenty-four dollars and ninety-nine cents ($424. 99) -the
sum of twenty-ffltt-ffive dollars ($-2425).
39. For the amount loaned from four hundred twenty-five dollars
($425) to four hundred forty-nine dollars and ninety-nine cents ($449.99)
-the sum of twenty-ftv-esix dollars ($826).
40. For the amount loaned from four hundred fifty dollars ($450)
to four hundred seventy-four dollars and ninety-nine cents ($474.99) -the
sum of twenty-s*seven dollars ($-2-627).
41. For the amount loaned from four hundred seventy-five
dollars ($475) to four hundred ninety-nine dollars and ninety-nine cents
($499.99) -the sum of twenty-seveneight dollars ($-2:-728).
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42. For the amount loaned from five hundred dollars ($500) to
five hundred twenty-four dollars and ninety-nine cents ($524. 99) -the
sum of twenty-et§-A-tnine dollars ($-2-829).
43. For the amount loaned from five hundred twenty-five dollars
($525) to five hundred forty-nine dollars and ninety-nine cents ($549.99)
-the sum of tvventy ninethirty dollars ($-2--9-30).
44. For the amount loaned from five hundred fifty dollars ($550)
to five hundred ninety-nine dollars and ninety-nine cents ($599.99) -the
sum of thirty-one dollars ($3B31).
45. For the amount loaned from six hundred dollars ($600) to six
hundred ninety-nine dollars and ninety-nine cents ($699.99) -the sum of
thirty-fi-v-esix dollars ($-3-536).
46. For the amount loaned from seven hundred dollars ($700) to
seven hundred ninety-nine dollars and ninety-nine cents ($799.99) -the
sum of fflfty-forty-one dollars ($4-941).
47. For the amount loaned from eight hundred dollars ($800) to
eight hundred ninety-nine dollars and ninety-nine cents ($899.99) -the
sum of forty-six dollars ($4-946).
48. For the amount loaned from nine hundred dollars ($900) to
nine hundred ninety-nine dollars and ninety-nine cents ($999.99) -the
sum of fifty-one dollars ($5951).
49. For the amount loaned from one thousand dollars ($1,000) to
one thousand four hundred ninety-nine dollars and ninety-nine cents
($1,499.99) -the sum of fifty-fi-v-esix dollars ($5556).
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50. For the amount loaned from one thousand five hundred
dollars ($1,500) to one thousand nine hundred ninety-nine dollars and
ninety-nine cents ($1,999.99) -the sum of sixty-one dollars ($6-961).
51. For the amount loaned from two thousand dollars ($2,000) to
two thousand four hundred ninety-nine dollars and ninety-nine cents
($2,499.99) -the sum of sixty-ft-v-esix dollars ($6566).
52. For the amount loaned from two thousand five hundred
dollars ($2,500) to two thousand nine hundred ninety-nine dollars and
ninety-nine cents ($2,999.99) -the sum of seventy-one dollars ($-7971).
53. For the amount loaned from three thousand dollars ($3,000)
to three thousand four hundred ninety-nine dollars and ninety-nine cents
($3,499.99) -the sum of seventy-ft-v-esix dollars ($-7576).
54. For the amount loaned from three thousand five hundred
dollars ($3,500) to three thousand nine hundred ninety-nine dollars and
ninety-nine cents ($3,999.99) -the sum of eighty-one dollars ($0081).
55. For the amount loaned from four thousand dollars ($4,000) to
four thousand four hundred ninety-nine dollars and ninety-nine cents
($4,499.99) -the sum of eighty-#vesix dollars ($8586).
56. For the amount loaned from four thousand five hundred
dollars ($4,500) or more -the sum of ninety-one dollars ($9991).
C. A pawnbroker may charge a storage fee of $3.00. An additional fee
of $30.00 may be charged for storing a firearm.
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GD. Fees under subsection (B) of this section may be charged one (1)
time only for each loan period; no additional fees, other than interest
allowed under subsection (A) of this section, shall be charged for making
the loan. Storage fees are allowed under subsection (C) of this section.
Bf. A copy of this section set in twelve (12) 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. The term of the loan shall be for a period of ffi+ftyninety (-3-990) 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 s+x-ty-ninety
(6990) days has expired. However, if a pledged article is not redeemed
within the ninety (90) day period of the term of the loan and the grace
pe-Fi-frd-, 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 pledger 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.
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; the final date
of which the loan is due and payable; the loan preparation fee; the storage
fee; the firearm fee, if applicable; and any other fee allowed under law
that is charged; the amount of interest charged every thirty (30) days; the
total amount due including the principal amount, the preparation fee, and
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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 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
pawnbroker 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 an existing loan is rewritten by mail,
KCC 5.05.030(A)(l) and (7) shall not apply.
Sec. 5.05.100. Violations, penalty.
A. It is unlawful for:
1. 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 have been removed, altered, or obliterated.
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2. 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.
3. Any pawnbroker or 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. For any pawnbroker or second-hand dealer to receive any
property from any person known to the pawnbroker or second-hand 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.
6. Any person to violate knowingly any other provisions of this
chapter.
B. 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) or both.
Sec. s.os.110. Resale agreement to avoid interest and fee
restrictions prohibited. A purchase of personal property shall not be
made on the condition of selling it back at a stipulated time and price
greater than the purchase price, for the purpose of avoiding the interest
and fee restrictions of this chapter.
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Sec. 5.05.120. Transactions excluded. The provisions of this
chapter do not apply to transactions conducted by the following:
1. Motor vehicle dealers licensed under Chapter 46. 70 RCW;
2. Motor vehicle wreckers or hulk haulers licensed under Chapter 46. 79
or 46.80 RCW;
3. Persons giving an allowance for the trade-in or exchange of second-
hand property on the purchase of other merchandise of the same kind or
greater value; and
4. Persons in the business of buying or selling empty food and
beverage containers or metal or nonmetal junk.
SECTION 4. -Savings. The existing chapter 5.05 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
SECTION 5. -Severabilitv. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 6. -Corrections by Citv Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
20 Pawnbrokers
Amend KCC 5.05
SECTION 7. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage, as provided by law.
ATTEST:
'BRENDA JACOBER, en/
v
APPROVED AS TO FORM:
PASSED:
APPROVED:
PUBLISHED:
--'-----"-'--day of -----"------'----"'-------' 2 0 !!_.
day of~-------' 20Jl_.
I hereby certify that this is a true copy of Ordinance No. ---'---
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
/'1 .. -~-,,--~;:.] ·~·.:· ""\ /(~'·( ) .. ·(.L··~<~(=~/yc::felc.' t-c: 1l!.<(5EAL)
/ BR
0
ENDA JAC~~~; CITY CLERK
P:\Clvll\Ordlnance\Pawnbrokers Amend KCC 5.05.docx
21 Pawnbrokers
Amend KCC 5.05