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Ordinance 2431SEF:jt 4/17/84 4/27/84 2431 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING TITLE 4 OF THE EDMONDS MUNI- CIPAL CODE BY AMENDING CHAPTER 4.75 REGULATING PAWNBROKERS AND SECONDHAND DEALERS; PROVIDING FOR THE LICENSING THEREOF; REQUIRING THE MAINTENANCE OF CERTAIN RECORDS; ESTABLISHING AN AUTHORIZED RATE OF INTEREST; PROHIBITING CERTAIN TRANSACTIONS; ESTABLISHING PENALTIES FOR VIOLATIONS AND REPEALING CITY ORDINANCE NO. 1325. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Secton'l. Chapter 4.75 of the Edmonds City Code is hereby amended to read as follows: 4.75.010 LICENSE REQUIRED. It is unlawful for any person, firm or corporation to engage in the business of pawnbroker or secondhand dealer without first obtaining a license pursuant to the provisions of this chapter. 4,75.020 EXEMPTION. This chapter shall not apply to any bonafide chari- table or nonprofit organization, nor shall it apply to any merchants or dealers whose business is limited to used or secondhand clothing, or to any merchant or dealer whose business is limited to the sale of used or secondhand books. 4.75,030 DEFINITIONS. A. The term "pawnbroker" as used in this chapter, means and includes every person who takes or receives by way of pledge, pawn or exchange, goods, wares, or merchandise of any kind of per- sonal property whatever, for the repayment of security of any money loaned thereon, or to loan money on deposit of personal property, or who makes public display of any sign indicating that he has money to loan on personal property on deposit or pledge. B. The term "secondhand dealer" as used in this chapter, means and includes every person who as a business engages in the purchase, sale, bar- ter, auction, sale on consignment, or otherwise exchanges secondhand goods, or who keeps a store, shop, room or other place where secondhand goods of any kind or description are bought, sold, traded or bartered, pledged, auctioned, sold on consignment, or otherwise exchanged; provided, however, that this term shall not apply to those persons engaged in the business of selling used or secondhand motor vehicles, boats and other recreational vehicles. C. The term "secondhand goods" when used in this chapter means and includes any and all used, remanufactured, or secondhand goods purchased or kept for sale by a dealer in secondhand goods including metal, junk or melted metals; provided, however, such term shall not be construed to include used or secondhand motor vehicles, boats and other recreational vehicles. 4.75.040 LICENSE FEES. A. The fee for a pawnbroker's license shall be $100.00 per year. B. The fee for a secondhand dealer's license shall be $100.00 per year. C. All license fees required under this section shall expire on December 31st of each respective year and all licenses taken out after June 30th of each respective year shall pay one- half of the annual license fee for that year and upon such payment shall be issued a license for the remaining portion of said calendar year. D. The license shall be in lieu of the city business license and shall not be assignable or transferable. Further, the obtaining of a pawnbroker's license shall preclude the need for a secondhand dealer's license. 4.75.050 LOCATION. No license for a pawnbroker or shall be issued to conduct the of the City outside those areas secondhand dealer business in any area zoned BC, CG, and -2- BN, as set forth in the official zoning maps of the City. 4.75.060 APPLICATION FOR LICENSE. A. All applications for issuance or renewal of a pawnbroker's or secondhand dealer's license shall be made to and filed with the City Clerk on forms furnished for such purpose, and shall be accom- panied by the required fee. This application shall state the true name of the applicant, who shall not be less than 18 years of age, the names of all persons having financial, proprietary or other interest in such pawn shop or secondhand shop, together with such other information as the City Clerk deems appropriate. Any pawnbroker or second- hand dealer now in business shall apply for such license as provided herein within ten days after the effective date of the ordinance codified herein. B. Upon the filing of an application, it shall then be referred to the Edmonds Police Department for investigation, report and recommendation. Within thirty days after receipt of a copy of the application, the Police Department shall investi- gate the statements set forth in the application and report to the City Clerk whether the appli- cation contains false, misleading or incomplete information. The Police Department shall, at the same time and as part of its report to the City Clerk, render a written recommendation as to ap- proval or denial of the application for permit or renewal thereof. C. Within thirty days after receiving the aforementioned report and recommendation from the Police Department, the City Clerk shall grant or deny the permit or renewal thereof. If, from the information supplied to the City Clerk, it appears that the application is proper and the statements contained in the application are true and complete, and that the applicant has complied with all the requirements of the Edmonds Municipal Code, the City Clerk shall issue a license to the applicant. Otherwise, the license application shall be denied. 4.75.070 CRITERIA FOR DENIAL OR REVOCATION OF LICENSE. The City Clerk may deny a license to any applicant or may suspend or revoke any and all licenses or permits of any holder when such person, or any MCIM other person with any interest in the application for, or holder of, such license or permit: A. Knowingly causes, aids, abets, or conspires with another to cause any person to violate any of the laws of this state or the City of Edmonds; B. Has obtained a license or permit by fraud, misrepresentation, concealment, or through inad- vertence or mistake; C. Shall fail to display its license on the premises where the licensed activity is conducted at all times during the operation of the licensed activity; D. Makes a misrepresentation of, or fails to disclose, a material fact to the City; E. Has violated any section of this chapter. 4.75.080 REQUEST FOR HEARING. When the City Clerk determines that there is cause for denying, suspending or revoking any license issued pursuant to this Chapter, the Clerk shall notify the person holding such license by regis- tered or certified mail, return receipt requested, of the Clerk's decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the denial, suspension or revocation. The suspension or revocation shall become effective ten days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the Clerk for a hearing before the City Council within such ten day period. The City Council shall set and hold a hearing within thirty days following receipt of such request. Appeal from a decision of the City Council shall be to the Snohomish County Superior Court and must be served and filed within thirty days of the decision of the City Council. In the event the applicant or license holder does not follow the procedures within the time periods set forth above, the license of said person shall be denied, suspended or revoked, and that action shall be final. 4.75.090 PERSONAL PROPERTY TAX RETURN. No renewal license shall issue to any pawnbroker or secondhand dealer until the applicant shall show -4- that he has made a return to the Snohomish County assessor of the property in his possession or ownership and the value thereof for tax assessment purposes and has paid the tax due. 4.75.100 RECORDS REQUIRED. Every pawnbroker and secondhand dealer shall main- tain at his place of business a book in which he shall at the time of such loan, purchase or sale, enter, in the English language, written in ink the following information: A. The date of the transaction. B. The name of the person conducting the tran- saction and making the entries required herein. C. The printed name, signature, date of birth, street and house number, the general description of the size, complexion, color of hair of the person with whom the transaction is had, including the identification which the customer shall present to verify his identity, pursuant to 4.75.100 and the serial or other number of such identification. D. The name, street and house number of the owner of the property bought or received in pledge. E. The street and house number of the place from which the property bought or received in pledge was last removed. F. A description of the property bought or received in pledge, which shall include the name of the maker of such property or the manufacturer thereof and the serial number, if the article has such marks on it, or any other inscriptive or iden- tifying marks, which, in the case of watches, shall contain the name of the maker and the number of both the works and the case. Provided, that when the article received is furniture or the contents of any house or room, actually inspected on the premises where the sale is made, a general descrip- tion of the property shall be sufficient. G. The price paid or the amount loaned. H. The number of any pawn tickets issued therefor. I. The names and streets and home numbers of all persons witnessing the transaction. -5- 4.75.110 RECORDS AND ARTICLES TO BE AVAILABLE FOR INSPECTION. All books and other records of any pawnbroker or secondhand dealer relating to purchase, pledge, exchange, receipt of any goods, wares, merchandise, or other articles or things of value, shall at all times be open for inspection by the City Attorney or any peace officer; and all articles and things received, purchased or left in pledge with the pawnbroker or secondhand dealer shall at all times be open to like inspection. 4.75.120 ADDRESS. SELLER OR CONSIGNEE TO GIVE TRUE NAME AND Anyone who pledges, sells or consigns any property to or with a pawnbroker or secondhand dealer shall sign the records required to be kept by such pawn- broker or secondhand dealer with his true name and shall include his correct address, and shall pro- vide for inspection one of the following containing a photograph of the individual: 1. Driver's license, instruction permit or identification card of any state or province of Canada, or "identicard" issued by the Washington State Department of Licensing pursuant to RCW 46.20.117; 2. United States active duty military identification; 3. Passport. Anyone who violates this section shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than six (6) months or by a fine of not more than $500 or both. 4.75.130 TRANSCRIPT TO BE FURNISHED. A. It is the duty of every pawnbroker and secondhand dealer to furnish to the Police Depart- ment, on such forms as the Police Department may provide therefor a full, true and correct tran- script of the record of all transactions occurring on a given day, within 48 hours of the close of business. B. It is also the duty of any pawnbroker or secondhand dealer having good cause to believe any am property in his possession has been previously lost or stolen, to report such fact to the Police De- partment immediately, together with the name of the owner, if known, and the date and name of the per- son from whom the same was received by such pawnbroker or secondhand dealer. 4.75.140 RETENTION OF PROPERTY. No property bought or received in pledge by any pawnbroker or secondhand dealer shall be removed from his place of business, except when redeemed by the owner thereof, within thirty days after receipt thereof shall have been reported to the police department as herein provided. 4.75.150 AMMUNITION SALES OR STORAGE. It is unlawful for any pawnbroker or pawnshop to purchase, store or offer for sale or trade, any firearms ammunition. 4.75.160 INTEREST RATES. All pawnbrokers, or pawnshops shall not charge interest rates in excess of those allowable under the laws of the state, RCW Chapter 19.60, as now in effect and as they may, from time to time, be amended, and every person who shall ask or receive a higher rate of interest or discount on any such loan, or any actual or pretended sale or redemption of personal property, or who shall sell any pro- perty held for redemption, within ninety days after the period of redemption shall have expired, shall be deemed guilty of violation of this chapter. 4.75.170 POLICE SEIZURES - POLICE HOLDS A. In addition to retention of property re- quired by this Chapter, any police officer having probable cause to believe that any item in the possession of a licensee is stolen, may seize such item at any time. In the event of such a seizure, the licensee shall be entitled to a written receipt for the item from the Edmonds Police Department. B. 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 4.75.080, indicating that such item is stolen property. The licensee shall then: -7- 1. Tag or otherwise reasonably identify the item; 2. Hold it in a place on the business premises of the dealer to which police officers shall have access at any time during the dealer's regular business hours; 3. Keep the item safe from alteration, loss, damage, or commingling with other goods. 4. In any event, the hold will expire at the end of 120 days, unless renewed in writing by a law enforcement officer. The renewal period shall be of the same duration. C. No licensee shall dispose of any item sub- ject to a police hold in any manner; provided, that items subject to a police hold shall be surrendered to the Police Department upon request, or in com- pliance with a subpoena signed by the prosecutor, or in compliance with an order of a court of com- petent jurisdiction; or as directed in a written release signed by the Chief of Police or his agent. 4.75.180 TRANSACTIONS WITH PROHIBITED PERSONS. It is unlawful for any pawnbroker or secondhand dealer, his agent, employee or representative to purchase or exchange any article or thing from any person under eighteen years of age, or from any person who is at the time intoxicated, or from any habitual drunkard or from any person addicted to the use of narcotic drug, or from any person who is known to be a thief, a receiver of stolen goods, or from any person whom he has reason to suspect to believe to be such. Notification by the police department given to such licensee, his agent, employee or representative, that a person has been convicted of burglary, larceny or receiver of stolen goods, shall constitute sufficient notice of such convictions under the provision of this chapter, and shall be prima facie evidence that the licensee, his agent, employee or representative, has due notice thereof. 4.75.190 PENALTY. Every pawnbroker or secondhand dealer and every clerk, agent or employee of such pawnbroker or secondhand dealer, who shall: 1132 A. Fail to make an entry of any material matter in his book or record kept as provided in this chapter; or B. Make any false entry therein; or C. Falsify, obliterate, destroy or remove from his place of business such book or record; or D. Refuse to allow the City Prosecutor or the Chief of Police or his agent to inspect the same, or any goods in his possession, during the ordi- nary hours of business; or E. Report any material falsely to the Police Department; or F. Fail to furnish the Police Department with a full, true and correct transcript of the record of all transactions occurring on a given day with- in 48 hours of the close of business; or G. Fail to report forthwith to the Police Department the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when, and the name of the person from whom the same was received by him; or H. Remove, or allow to be removed from his place of business except upon redemption by the owner thereof, any property received within thirty days after receipt thereof shall have been reported to the Police Department; or I. Receive any property from any person under the age of 18 years, any habitual user of narcotic drugs, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or anyone acting on behalf of said individual; or J. Violate any provision of this Chapter by an act of either omission or commission; Shall be guilty of a misdemeanor and upon con- viction shall be punished by imprisonment for not more than six (6) months or by a fine of not more than $500 or both. Section 2. Edmonds City Ordinance No. 1325, passe by the City Council is hereby repealed. Section 3. 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 vali- dity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. CITY OF EDMONDS MAYO�t',//RRY/S .�(ArH ATTEST/AUTHENTICATED: ((// IT CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THEVCITY CLERK: May 8, 1984 PASSED BY THE CITY COUNCIL: May 22, 1984 POSTED: May 23, 1984 EFFECTIVE DATE: May 28, 1984 ORDINANCE NO. 2431 -10- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) JACQUELINE G. PARRETT , being first duly sworn on oath deposes and says that the is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 23 day of May , 1984, affiant posted true and correct copies of the attached Ordinance No. 2431 , passed by the City Council on the 21 st day of May , 1984, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 24 day of May 1984. S'U SCRIBED AND SWORN to before me this day of 19 84. a y Public in ancl for the State of Washington, residing at Ca n v,,riv►'q(ee