HomeMy WebLinkAboutOrdinance No. 2269-2007SUBSTITUTE
Suggested by: Chief Kopp
CITY OF KENAI
ORDINANCE NO. 2269 -2007
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
CHAPTER 5.40 OF THE KENAI MUNICIPAL CODE ESTABLISHING A LICENSING
PROCEDURE FOR PAWNBROKERS AND REGULATING HOW PAWNBROKERS
CONDUCT BUSINESS.
WHEREAS, the City of Kenai does not currently require pawnbrokers operating in the
city to be licensed; and,
WHEREAS, the City of Kenai does not currently regulate the business practices of
pawnbrokers; and,
WHEREAS, the only pawnbroker operating within the city limits recently closed, but it
is anticipated a pawnbroking business will return to the city at some time in the near
future; and,
WHEREAS, while the majority of pawnbrokers are legitimate businesses operating
lawfully, regulating pawnbrokers is very helpful in tracing and recovering stolen
property because thieves will often attempt to sell stolen property to pawnbrokers;
and,
WHEREAS, it is in the best interest of the City of Kenai to enact Kenai Municipal Code
Chapter 5.40 licensing and regulating pawnbrokers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 5.40 is enacted as shown on Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of March,
2008.
ATTEST:
Carol L. Freas, City Clerk
othr
Introduced: November 7, 2007
Postponed to: December 5, 2007
Postponed to: February 6, 2008
Postponed to: March 5, 2008
Substitute: March 5, 2008
Adopted: March 5, 2008
Effective: April 5, 2008
Chapter 5.40 Pawnbrokers
5.40.010 Pawnbrokers -- License.
(a) Required. No person may engage in the business of lending money on security of personal
property physically taken and held, or purchasing articles of personal property and reselling or
agreeing to resell the articles to the vendor or an assignee at a price agreed upon at or before the
time of purchase, without first having obtained a pawnbroker's license from the City Clerk. For
the purposes of 5.40, personal property shall not include intangible personal property. Intangible
personal property is defined as personal property that has no physical existence such as claims,
interest, rights and titles to personal property including but not limited to motor vehicle titles.
(b) Qualifications of pawnbrokers and employees. A pawnbroker and every person employed
by a pawnbroker shall:
(1) Be 18 years of age or older except that minors under 18 years of age may be
employed by pawnbrokers in work that does not involve determination of customer identity,
receiving property, and executing loans and pledges. All employment of minors must be in
conformity with state and federal child labor laws.
(2) Not have been convicted of a crime involving larceny, theft, receiving and
concealing stolen property, dealing with illegally obtained property or involving
misrepresentation or fraud within five years prior to the date of application or employment, or be
on probation or parole for any such offenses.
(c) Application. An applicant for a pawnbroker's license shall describe in his /her application
the terms and conditions of the lending agreement used or intended for use, including the time
period allowed for redemption of articles, the rate or amount of interest or other charge made for
the use of money lent, and the manner in which the terms are identified for redemption. The
terms and conditions of lending agreement are not public record.
(d) Bond. An applicant for a pawnbroker's license shall file a bond in the amount of
$[215,000.00 with the initial application. The bond shall be conditioned on the licensee's
compliance with Title Chapter 5.40 and all applicable laws.
(e) Location of business. A pawnbroker's license shall be issued only for a single location to be
specified on the license.
5.40.020 Pawnbrokers -- Conduct of business.
(a) Hours. A pawnbroking establishment may be open for the transaction of business only
r o 00 d 10 :00 p
between the hours of o.uu ¢.iT1. aiiu ru.uu p.u..
(b) Connection with premises selling or dispensing alcoholic beverages. A pawnbroker may
not have his business premises within or connected by any means of ingress with premises
occupied by an establishment selling or dispensing alcoholic beverages.
(c) Record of articles pawned or purchased. A pawnbroker shall complete a separate card for
each pawn transaction which shall contain the following information:
(1) The name of the pawnbroker and the pawn number.
(2) The article pawned or purchased, including the manufacturer, serial number, caliber,
model number, if available, and other identifying description.
(3) The date and time of the transaction.
(4) The name, address and the military serial number or driver's license number or
identification number of other government issued photo identification of the customer.
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(5) The physical description of the customer, including his age, height, weight, race, and
color of hair and eyes.
(6) The signature of the customer from whom property was pawned or purchased and a
notation by the licensee of the paper, document or license with which the pawnbroker compared
the signature.
(7) The name and address of each person to whom a pawned or purchased item is
conveyed, and a description of the item.
(d) Reports to police. The licensee shall make a weekly report to the Chief of Police
summarizing all transactions. Unless otherwise provided under state law, the weekly reports are
not public records.
(e) Retention of records. The records required by this section shall be retained by the licensee
for a period of not less than one year.
(f) Duties upon notification that property has been reported stolen. Upon receipt of written
notification by a police officer that the particular item of property in possession of a pawnbroker
has been reported stolen, a pawnbroker:
(1) Is presumed to know or have reason to know, that the item is reported lost, mislaid,
or stolen as of the date of receipt of the notice.
(2) May not sell, transfer, or otherwise dispose of the property until [EXCEPT UPON:j
sixty (60) days after receipt of the notice. During the 60 day period a person claiming
entitlement to the property may request return of the property. If the pawnbroker denies that
request, the pawnbroker shall request a hearing before the Police Chief within 30 days of the
denial to determine who is entitled to the property under subsection (g)(2) below. A person
claiming entitlement to property may also request a hearing before the Police Chief under
subsection (g)(2) below. That request must be within 60 days after the pawnbroker receives
written notification that the property in his /her possession has been reported stolen. A copy of
that request must also be provided to the pawnbroker. Following a request for a hearing by the
pawnbroker or another person claiming entitlement to the property, the pawnbroker shall hold
the property until the Police Chief makes a determination under subsection (g)(2) below and
[(I) EXPLICATION OF A 60 DAY PERIOD WITHIN WHICH A PERSON
CLAIMING ENTITLEMENT TO THE PROPERTY MAY REQUEST
RETURN OF THE PROPERTY AND SUCH REQUEST IS DENIED THE
PAWNBROKER SHALL WITHIN 30 DAYS OF THE DENIAL, REQUEST A
HEARING BEFORE THE POLICE CHIEF PURSUANT TO THE
SUBSECTION (G)(2) OF THIS SECTION AND HOLD THE PROPERTY FOR
DISPOSAL IN ACCORDANCE WITH THE POLICE CHIEF'S ORDER; OR
(11) AN ORDER OF THE POLICE CHIEF FOLLOWING A
HEARING REQUESTED UNDER SUBSECTION (G)(2) OF THIS SECTION
AND
(3) Must make reasonable measures to restore the property to a person entitle to have it.
(g). Reasonable measures. For the purposes of this section reasonable measures shall be
either:
(1) Return of the item to the person entitled to have it upon request, accompanied by
evidence of ownership, of that person, or
(2) Submission of a request for an administrative hearing before the Police Chief to
determine who is entitled to have the property. If an item is referred for hearing under this
subsection the Police Chief may review copies of police reports relating to the property to assist
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in determination of the matter. The burden of proof at such a hearing shall be on the party
claiming a legal interest. The Police Chief's decision shall be limited to determining whether
any party has established its right to the item by a preponderance of the evidence. If no party is
able to prove its right to the item by a preponderance of the evidence, the property shall be
returned to the licensee. A serson claimin • an interest in the sro.en ma ar real the Police
Chief's decision pursuant to KMC 14.20.290. Except while the matter is pending on appeal,
failure of a pawnshop to comply with the orders of the Police Chief shall result in immediate
revocation of the pawnbroker's license.
(h) Request for a determination. A request for a determination by the Police Chief under
subsection (g)(2) of this section shall include an assertion by the pawnbrolcer that either:
(1) The person requesting the property is not entitled to have it;
(2) The pawnbroker has a superior claim to the property; or
(3) The pawnbroker lacks sufficient information to determine whether the person
requesting the property is entitled to have it.
(i) Failure to return fee. Failure of a pawnbroker to either return the property to the person
entitled to have it upon request, accompanied by evidence of ownership, of that person, or
request an administrative hearing within 30 days of denying the request of a person for the
property, as required in subsection (f) above, shall result in suspension or revocation of the
pawnbroker's license.
(j) Failure to request return of property within time period. If no person requests return of the
property within the time period provided in subsection (0(2) of this section, the licensee does not
have to request a hearing and may sell, transfer, or dispose of the property. For the purposes of
an administrative hearing, evidence of ownership includes, but is not limited to, timely filed
complaints or police reports of stolen property; local, state or national police information data
bases; documents in possession of the police department; license or property identification
numbers; markings on the property; appraisals, photographs, or other similar indicia of
ownership.
5_40.03O Pawnhrokerc__Prohibited acts.
(a) A licensee may not purchase or receive an article from a person under the age of 18 years or
from a person 18 years of age or older who purchased or received the article from a person under
18 years of age for the purpose of pawning it.
(b) A licensee may not purchase or pawn an article if the licensee has knowledge of facts that
would create a belief in a reasonable man that the article may have been stolen, embezzled or
otherwise illegally obtained.
(c) A licensee may not purchase or pawn property from a person who is or appears to be under
the influence of drugs or intoxicating beverages.
(d) Property purchased by a licensee or acquired by expiration of a redemption period may not
be resold, entered into stock or removed from the premises specified on the pawnbroker's license
for a period of 30 days after such property has been reported to the Chief of Police pursuant to
Section 5.40.020(d).
5.40.040 Revocation of license.
(a) If at any time the licensee is found to have violated any of the ordinances of the city or the
laws of the state or the United States; or fails to comply with requirements of this Chapter; or
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makes a false statement in his /her application; or at any time fails to meet those qualifications
required to obtain a license, the license may be revoked.
(b) Whenever there is a reason to believe the license should be revoked, the Police Chief shall
serve notice upon the licensee that a hearing will be held before the Police Chief for the purpose
of determining whether the license should be revoked. If the Police Chief determines that the
license shall be revoked, the licensee may appeal to the city council within 15 days from the date
the licensee receives notice of the decision pursuant to KMC 14.20.290.
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